Terms & Conditions
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- Interpretation
- For the purpose of this agreement and unless otherwise stated in writing:
- “BEAL Creative.” shall mean BEAL Creative PTY LTD, ABN 89 659 001 591 and its respective successors and assigns.
- “Buyer” shall mean the Buyer named on any quote, invoice, purchase order, or any other document produced in relation to this agreement, or any person acting on behalf of and with the authority of the Buyer.
- “Goods” shall mean all Goods supplied by BEAL Creative. to the Buyer or ordered by the Buyer but not yet supplied and includes Goods described on any quote, invoice, purchase order, or any other document including any recommendations and advice.
- “Services” shall mean all Services supplied by BEAL Creative. and includes any Services outlined in any quote, invoice, purchase order, or any other documentation produced in relation to this agreement including any recommendations and advice.
- Acceptance of Quotes
- Acceptance of the quote will constitute acceptance of BEAL Creative’s Terms and Conditions. Acceptance of the quote is confirmed by written acceptance of the quote; or providing written instructions to BEAL Creative. to proceed. The Buyer warrants that the persons accepting the quote and/or providing instructions to BEAL Creative. to perform the Services are duly authorised by the Buyer.
- Any Services that aren’t expressed in the quote will be charged at our standard rate of $150/hour excluding GST.
- Payment Terms
- 40% of the accepted quote is payable upon acceptance of the quote. BEAL Creative. will invoice in 3 stages, with payment terms of 14 days from invoice. Payment is required in full prior to a site ‘going live’. The following conditions apply:
- All accounts are to be settled in full by the due date.
- Should the Buyer default in the payment of any monies due under this agreement, than all monies due to BEAL Creative. will become due and payable with fourteen days of the date of demand. BEAL Creative. shall be entitled to charge interest on all amounts not paid by the due date for payment and the Buyer undertakes to pay any interest so charged. Interest will be charged on a daily basis from the due date at 3% per month or part thereof.
- 40% of the accepted quote is payable upon acceptance of the quote. BEAL Creative. will invoice in 3 stages, with payment terms of 14 days from invoice. Payment is required in full prior to a site ‘going live’. The following conditions apply:
- Delay
- BEAL Creative. will not be liable for any failure or delay in the delivery of Services in relation to this quote.
- Client caused delays may result in variation to the price of the quote and scheduled completion date.
- Intellectual Property
- Any material whatsoever which may be subject to any form of trademark or copyright that is displayed as part of the website is to be supplied by the client or related parties who warrant to have obtained all proper consent necessary for use of such material.
- Where BEAL Creative. produces any strategy, design, pattern, code, or specification during the manufacture or the Services, intellectual property in them remains with BEAL Creative., and may only be reproduced or copied with the written consent of BEAL Creative.
- Title & Risk
- Risk passes to the Buyer upon delivery of the Services. The Services shall remain the property of BEAL Creative. until all debts due are paid in full.
- If the Buyer fails to pay the debt owed by the due date for payment, BEAL Creative. reserves the right to suspend any and all accounts associated with Buyer’s account.
- If debts are not settled within 30 days, and no discussions have been had with BEAL Creative. debt collectors will be engaged to to recover any and all outstanding monies.
- The Buyer shall indemnify BEAL Creative. against any loss or expense arising from the Buyer breaching this contract.
- BEAL Creative. will not be liable to the Buyer for any loss or damage the Buyer suffers because BEAL Creative. exercised its rights under this clause.
- Data Security
- BEAL Creative. is not responsible to you or any third party for unauthorised access to your data or the unauthorised use of the Services. The Buyer is responsible for the use of the Services, and any person who gains access to your data or the Services by any employee of yours, any person you authorise to use the Services, any person to whom you have given access to the Services, and any person who gains access to your data or Services as a result of your failure to use reasonable security precautions, even if such use was not authorised by you.
- BEAL Creative. is not responsible to you or any third party for unauthorised access to your data or the unauthorised use of the Services. The Buyer is responsible for the use of the Services, and any person who gains access to your data or the Services by any employee of yours, any person you authorise to use the Services, any person to whom you have given access to the Services, and any person who gains access to your data or Services as a result of your failure to use reasonable security precautions, even if such use was not authorised by you.
- Indemnity & Qualifications
- The Buyer agrees that no claim shall be made against BEAL Creative. and any of its directors, officers, partners, employees or agents (“Indemnity Persons”) to recover any loss or damage which the Buyer or its associates may suffer by reason of or arising out of anything done or omitted in relation to the provision of the Services described in this quote.
- The Buyer must indemnify and keep indemnified BEAL Creative. and the Indemnified Persons in respect of any claim, action, damage, loss, liability, cost, charge, expense or payment however arising (“Loss”) made or brought against, or paid, suffered, incurred by any Indemnified Person as a result of or in connections with, directly or indirectly, the provision of Goods or Services, described in this quote, including without limitation legal costs on a full indemnity basis.
- The maximum amount for which BEAL Creative. or the Indemnified Persons will be liable in respect of Loss made or brought against, or paid, suffered incurred by the Buyer or related party as a result of or in connection with this quote, is the total fees paid to BEAL Creative. in relation to this engagement.
- The remedies contained in this clause are without prejudice to and in addition to any warranties, indemnities, remedies or other rights provided by law, statute and/or under any other provision of this quote for the benefit of BEAL Creative.
- Variations
- This order cannot be altered, varied or modified without the written consent of BEAL Creative. and any variations to the order may be charged for.
- This order cannot be altered, varied or modified without the written consent of BEAL Creative. and any variations to the order may be charged for.
- Cancellation
- In the event that the Buyer terminates the agreement the Buyer shall be liable for all costs and expenses incurred by BEAL Creative. up to the date of receipt of notice of termination by the Buyer, including costs which BEAL Creative. is liable to pay after the date of receipt of the notice. The Buyer hereby authorises BEAL Creative. to deduct all expenses incurred by BEAL Creative. up to the date of termination from any deposit held by BEAL Creative. in relation to the works. The Buyer is liable to pay for any costs exceeding the deposit held.
- In the event that the Buyer terminates the agreement the Buyer shall be liable for all costs and expenses incurred by BEAL Creative. up to the date of receipt of notice of termination by the Buyer, including costs which BEAL Creative. is liable to pay after the date of receipt of the notice. The Buyer hereby authorises BEAL Creative. to deduct all expenses incurred by BEAL Creative. up to the date of termination from any deposit held by BEAL Creative. in relation to the works. The Buyer is liable to pay for any costs exceeding the deposit held.
- Notices
- Any changes to the Buyer details including name, address, telephone, email or any changes in ownership structure of the Buyer required written notice to BEAL Creative. within fourteen (14) business days of such changes being made.
- Any changes to the Buyer details including name, address, telephone, email or any changes in ownership structure of the Buyer required written notice to BEAL Creative. within fourteen (14) business days of such changes being made.
- Force Majeure
- No party under this agreement shall be liable for any breach of any provision of this contract arising from an act of God, natural disaster, terrorism, war, or any other occurrence beyond the control of any party.
- No party under this agreement shall be liable for any breach of any provision of this contract arising from an act of God, natural disaster, terrorism, war, or any other occurrence beyond the control of any party.
- Jurisdiction
- This agreement shall be governed by and construed in accordance with the laws of the Courts of Victoria. The Buyer submits to the jurisdiction of the Courts of Victoria.
- This agreement shall be governed by and construed in accordance with the laws of the Courts of Victoria. The Buyer submits to the jurisdiction of the Courts of Victoria.
- General
- If any Terms or Conditions contained in the document are found to be unenforceable for reasons of invalidity or illegality, the remaining provisions shall not be affected in any way whatsoever.
- If any Terms or Conditions contained in the document are found to be unenforceable for reasons of invalidity or illegality, the remaining provisions shall not be affected in any way whatsoever.