Terms and Conditions
CLIENT RESPONSIBILITIES WITH REGARD TO CONTENT AND COPYRIGHT
(a) In situations where the client enters or provides images, text, animations, layouts or any other content for their website/digital product they are legally responsible for ensuring that this material does not infringe any copyright or other laws.
(b) Unless explicitly stated otherwise by Visualise then Design in a project proposal or agreement as being an included service, the Client is always responsible for the entry/population of text and image content into the developed website/digital product
LIMITATION OF LIABILITY
In no event shall Visualise then Design, its employees, contractors or any of their respective directors, agents, or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the delivery of services provided, including website services and/or publication, logo and/or graphic design, email systems, advertising.
This includes, without limitation, loss of revenue, or anticipated profits, or lost business, unrelated and/or indirect business expenses, business delays, loss of data and/or sales, or cost of substitute services, even if Visualise then Design or its representative or such individual has been advised of the possibility of such damages. Your use of the site and your reliance on any information on the site is solely at your own risk.
Prices for Work or proposed Work do not include labour costs and other costs and expenses incurred by Visualise then Design as a result of:
(a) Variations; or
(b) progress delays for reasons not attributable to Visualise then Design.
Unless otherwise agreed in writing, such costs and expenses will be charged to Clients at Visualise then Design’s then prevailing prices and/or hourly rates in relation to the relevant Work and invoiced at Visualise then Design’s discretion.
Ownership of and title in Work Product remains with Visualise then Design until Visualise then Design receives payment of all amounts due in respect of that Work Product (notwithstanding any earlier delivery to, or possession by, the Client of such Work Product).
Unless otherwise specified in writing in a relevant Proposal or Work Instruction, or unless Visualise then Design has agreed to grant credit terms to a relevant Client, Visualise then Design may retain possession of any Work Product until it has received payment in full for such Work Product.
COPYRIGHT AND TRADEMARKS
The ‘Client’ represents to Visualise then Design and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Visualise then Design for inclusion in web site are owned by the ‘Client’, or that the ‘Client’ has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend ‘Provider’ from any claim or suit arising from the use of such elements furnished by the ‘Client’. Visualise then Design guarantees that any text, graphics, photos, designs, trademarks or other artwork has received the proper rights and/or licenses to be used on the web site.
Use of 3rd party graphical element may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both ‘Client’ and Visualise then Design that such statement shall remain on the web site so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the individual web site, unless ‘Client’ receives direct authorization from the 3rd party. Copyright to the finished assembled work of individual web site produced and designed by Visualise then Design is owned by Visualise then Design. This ownership is to include rights to the design, any photos or graphics supplied by Visualise then Design, source code, and computer programs specifically designed for this web site. Upon full and final payment of this contract, the ‘Client’ is assigned copyright to use on a single web site the design, graphics, and text contained in the finished assembled web site. All graphics, photos and text provided by Visualise then Design are property of Visualise then Design and may not be used in any media outside the single web site without permission or transfer of rights specified in writing between Visualise then Design and ‘Client’.
LAWS AFFECTING ELECTRONIC COMMERCE
The ‘Client’ agrees that the ‘Client’ is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Visualise then Design and it’s subcontractors from any claim, suit, penalty, tax, or tariff arising from the ‘Client’s’ use of Internet electronic commerce.
Visualise then Design is a developer of ethical web sites. As such, Visualise then Design will not design, promote, or attach links to any site that includes adult content, nudity, obscene language or that encourages or promotes intolerance or discrimination of or towards people or peoples of any race, colour, sex, creed or religion. Nor will Visualise then Design design, promote or attach links to any site that advocates, encourages or practices the exploitation of any group or groups in society, including, and in particular, children, the elderly or the disadvantaged.
Visualise then Design is committed to protecting and respecting your privacy regarding any information we may collect from you across our website, visualisethendesign.com.au, and other sites we own and operate.
We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.
1. In order to provide a better service to you, we may collect and process the following data about you:
• Information that you provide by filling in forms on our site visualisethendesign.com.au (“our site”). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information at other times, for example in connection with a promotion or when you report a problem with our site;
• If you contact us, we may keep a record of that correspondence;
• Details of transactions you carry out through our site and of the fulfilment of your orders;
2. We only retain personal data for so long as it is necessary. Data may be archived as long as the purpose for which the data was used still exists.