Terms and Conditions

1. Commencement of Work

The Client must agree to provide written approval of any new Quote before work is commenced. The Quote will outline the products and services that both Client and Danielle Murdoch have agreed to be acted upon. This will be deemed a Scope of Works between the Client and Danielle Murdoch.

2. Payment Terms

The Client is required to pay 50% deposit of the quote before commencement of any job. After the job has been completed the remaining balance payable is due within 7 working days from the date the Client receives the final invoice. For projects that exceed 1 calendar month periods, alternative installment payment methods can be negotiated that suit both parties.

Overdue Client accounts will receive interest being chargeable at 2% per month above the Average Lending Rate of the Westpac Banking Corporation with an additional $10 per month handling fee.

3. Quotes

All quotes are valid for 30 working days from the date issued.

4. Revisions

Additional minor revisions are charged a $35 (i.e. 15 minutes or under for job requests). All other additional revisions will be separately Quoted by Created By Danielle.

The Client is required to provide all revisions for the project within 30 days of Created By Danielle delivering the concept for Client review. If the Client exceeds this time limit for review of the project, the total agreed fee + additional revision costs will immediately become due and payable in full. The revisions made after the 30 day review period expires will be Quoted separately.

5. Additional Client Meetings

Additional Client meetings will be separately Quoted by Created By Danielle. The cost will vary depending on the length of time needed & location of the meeting.

7. Refunds & Discounts

Created By Danielle, at his sole discretion, may offer a full or partial refund or a discount to the Client in certain circumstances.

8. Cancellation of Work

The Client, at their discretion, may terminate further work on a project. In such a case, all time spent on the project by Created By Danielle will immediately become due and payable in full.

If a commission is cancelled by the Client, the Client shall pay a cancellation fee as follows:

25% of the agreed fee if the commission is cancelled before delivery of concept.
75% of the agreed fee if the commission is cancelled at delivery of concept.
100% of the agreed fee if the commission is cancelled at delivery for Client changes or approval and after approval.

9. Errors

Created By Danielle is not responsible for any copy or design errors committed by the Client. The Client must proof read all artwork carefully. In addition, Created By Danielle is not responsible for incorrect dates nor misspelled words in files submitted by Client nor jobs approved by the Client upon design completion. Under no circumstances will a refund or reprint be honoured for an error in files submitted by the Client.

10. Copyright & Ownership

It is the Client’s or their Agent’s responsibility to make sure that copyright is not being infringed at all times. Created by Danielle accepts no responsibility for any willful misleading information or material provided to Created By Danielle by the Client or their Agent, which infringes any copyright law or other law.

In accordance with the Australian Copyright Council the production of any original design work automatically deems Created By Danielle the author and therefore the owner of such work. Ownership pertains to all original electronic files only. The Client is entitled to use the design work for the purposes for which it was created. Any other usage not discussed will need to be negotiated. If original electronic files are required by the Client it must be negotiated with Created By Danielle and will incur additional fees.

11. Liability

Created By Danielle will not be held responsible for any loss or damage sustained by the Client as a result of the use of materials created or supplied by Created By Danielle. All works created by Created By Danielle will be considered approved for use by the Client prior to being released to the Client for use in any way. The maximum liability of Created By Danielle has under any circumstances shall not exceed the paid amounts relating to any respective order.

13. Booking Calendar Date to Commence Work

The Client is required to make a job booking with Created By Danielle before commencement of work.

 

14. Urgent Commencement of Work /Out of Hours Work.

Additional costs may arise for Clients requesting “urgent unscheduled work” & “out of office work”. Urgent work is work which is commenced urgently with less than 24 hours notice. Out of hours applies to work which is agreed to be completed outside the standard business periods (Monday – Friday, 9am – 5pm). These services will be Quoted separately and agreed upon by Client and Created By Danielle before job commences.

15. Deadlines

Created By Danielle will not be held responsible for delays caused by factors outside his control such as:

  • The time it takes the Client to supply all appropriate material necessary for the completion of the job.
  • The time it takes for the Client to approve any stage of the work.
  •  Extraordinary events that occur which cannot be foreseen by both Client and Joshua Kerr. Such as emergency hospitalization, physical disability, breach of contract on the part of a third party or any cause beyond the reasonable control of a party.

 

16. Portfolio Rights

The Client or their Agent acknowledges the right of Created By Danielle to use examples of their non-confidential commissioned work as promotional material. Whether this be used in Website, Print or Multimedia publication promotion. If Created By Danielle is uncertain of the confidentiality of the work, she will ask written permission from the Client or Agent to allow the work to be displayed.

 

17. Website Design & Development Terms

The web sites are tested in the latest versions of Internet Explorer, Firefox, Safari and Opera browsers on both PC and Macintosh systems. The layout will be optimal in the latest version browsers but may not be fully functional or identical in layout in older version browsers.

Unless requirements are specifically stated in the quote (prior to project commencement) functionality methods will be produced at the discretion of Created By Danielle.

  • Website development does not commence until the following criteria have been met:
  • That the scope, quote and the terms and conditions have been accepted.
  • Supply of all reference materials (i.e. photos, logo, text etc.) has been received.
  • 50% deposit has been received.

Created By Danielle will at his expense fix bugs or errors that may arise from his work for the period of 2 calendar months after the web site has been approved by the Client. This does not cover any alterations or additions to the work produced. Nor does it include rectifying work altered by third party members or problems arising from technical issues with the hosting/server provider.

20. Survival of Contract

Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

21. Change of Terms & Conditions

These terms & conditions may change from time to time. The Client will be informed of revisions as and when they are issued.

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