Terms and Conditions
1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for design, marketing and Web Development services and apply to all contracts and all work undertaken by Red Cup Media Group Pty Ltd for its clients.
2. OUR FEES AND DEPOSITS
A 50% deposit of the total fee payable, unless organized prior with a Red Cup Media Group Pty Ltd project manager under our proposal is due immediately upon you instructing us to proceed with services provided by Red Cup Media Group Pty Ltd.
The remaining fees shall become due when the work is completed to reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full, which may extend approximate time frames.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver services. The deposit is non-refundable if the services work has been started and you terminate the contract through no fault of ours.
Work produced whether experimentally or otherwise, at the customer’s request will be charged for unless otherwise agreed in writing. If a customer wishes to terminate a service order after services have started, a termination invoice will be drawn up charging for 50% of the remaining total project costing, on top of the 50% deposit paid.
Failure by the Customer to meet financial obligations may result in legal proceedings by Red Cup Media Group Pty Ltd under which circumstances all legal costs and other administrative expenses will be recoverable in full by Red Cup Media Group Pty Ltd.
3. SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos, applications, servers and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
We are pleased to offer you the opportunity to make revisions to services outlined in the supplied project proposal with the revision allotments. However, we have the right to limit the number of revisions to the amount of time specified in the project proposal and may charge for additional changes at an hourly rate of $110.00 if you make a change to the original design specification.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content. During the depending service there are a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
6. APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 5 business days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 5 business day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the balance of the project price will become due.
Whilst every care is taken by Red Cup Media Group Pty Ltd to carry out the instructions of the Customer, it is the Customer’s responsibility to undertake a final proof reading of all services provided by Red Cup Media Group Pty Ltd. Red Cup Media Group Pty Ltd shall be under no liability whatever for any errors not corrected by the client in the final proof reading or ready to publish stage. All clients are urged to check final proofs before publishing online or to print. Should the Customer’s alterations require additional proofs this shall be invoiced as an extra at an hourly rate of $110.00.
7. REJECTED WORK
If you reject any of our work within the 5 business day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
Upon completion of the milestone or project, the balance of the project will be due. All services provided by Red Cup Media Group Pty Ltd remains the intellectual property of Red Cup Media Group Pty Ltd until the balance is completed and cleared.
Overdue accounts will be subject to interest at the rate of 13% p.a., calculated for the period the account is due until the date it is paid.
In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including commission on collection of the additional costs and also including legal demand costs.
9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
All services provided by Red Cup Media Group Pty Ltd remains the intellectual property of Red Cup Media Group Pty Ltd until the balance is completed and cleared.
Once you have paid us in full for services provided by Red Cup Media Group Pty Ltd we grant each client a license to use of services or IP provided and its related software and contents for the life of the services.
11. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
12. CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Red Cup Media Group Pty Ltd under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
16. ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse Red Cup Media Group Pty Ltd for any expenses that we have incurred.
19. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Tasmania. You and Red Cup Media Group Pty Ltd submit to the non-exclusive jurisdiction of the courts in and of Queensland in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
20. CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “Joomla”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Red Cup Media Group Pty Ltd and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.