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Terms of Trading

By engaging our services you agree to be bound by these terms of trading. 

  1. In the event of The Client deciding to cancel the contract, The Client will contact DE Digital Pty Ltd in writing notifying of the intention to cease all operations.

  2. DE Digital Pty Ltd will acknowledge and act upon aforementioned notice within five (5) working days.

  3. All monies paid to DE Digital Pty Ltd by The Client to the date of cancellation are non-refundable.

  4. All works performed by DE Digital Pty Ltd remain property of DE Digital Pty Ltd.  We own the intellectual property of any work we produce for you, including Google AdWords accounts and campaigns, preliminary proposals, scripts, ideas, roughs and/or artwork created in the course of developing your project.  When you have paid for a project in full, you will have an exclusive license to use any artwork we produce for you for the purposes outlined in the estimate, provided you are not in breach of these Terms of trading.  You may not modify the work or use it for any purpose other than the purpose for which it was created without prior written permission.  If you want to own the intellectual property immediately, you should tell us and we will prepare estimates accordingly.

  5. All images and other content received and maintained by DE Digital Pty Ltd shall be returned to the custody of The Client.

  6. If, for any reason, Design Experts do not believe that we can carry out a project, we can (in writing) refuse the project at any time up to the date upon which The Client accept our estimate and for 7 days after that date. If you have made any payment to us prior to the date upon which we refuse the project, we will refund the payment to you in full less any reasonable administrative costs.

  7. Once project fee is paid in full to Design Experts any elements of text, graphics, photos, contents, trademarks, or other artwork furnished to The Client for inclusion in website are owned by The Client.

  8. Design Experts assumes The Client has permission from the rightful owner to use any images, working files, resources or design elements that are provided by The Client for inclusion in the project, and will hold harmless, protect, and defend Design Experts from any claim or suit arising from the use of such elements.

  9. Design Experts are not responsible or held liable for any breach of Copywright if any or some of the elements of text, graphics, photos, contents, trademarks, or other artwork provided to Design Experts from The Client has been used & is in breech of Copyright Law.

  10. Any corrections to the original copy, additional material (including photos) and amendments or additions after commencement of work are additional to the estimate. We are not responsible for badly written copy or incorrect information supplied.

  11. We are also not responsible for verbal requests for change, despite the extent of its simplicity. To ensure changes are done accurately and according to instruction, please put them in writing to Design Experts.

  12. Design Experts retains the right to display graphics and other Web content elements as examples of their work in their portfolio and as content features in other projects.  Design Experts also retains the right to place a text link on the bottom of every page.

  13. Design Experts hosting fees are charged in advance. Monthly allocation of email newsletter, SMS and traffic quota expire at the end of each month. Additional allocation can be purchased at an additional fee.

  14. Design Experts require 30 days notice in writing in the event The Client wishes to cancel any ongoing service (Adwords, SEO & Website hosting). On termination of services please note we do not keep backups or copies of your website/files and related content.  Removing your site from our servers is final and not reversible.

  15. Design Experts keep all artwork, computer files and other materials for 24 months from the date of their creation, after which they are archived/destroyed. If you want us to keep anything beyond this time you must tell us in writing. Due to the unstable nature of storage media, we cannot guarantee that The Clients files or material will not become corrupted.

  16. The Client agrees that payment of invoices must be made within 7 days of the date of the invoice. Unless all outstanding bills are fully paid, Design Experts reserve the right to: (i) not begin, continue or deliver any work; and (ii) retain any goods The Client supply to us and/or which have been produced for you. Unless agreed otherwise, paying within time is essential to Design Experts continuing or completing any further work for you.

  17. If you dispute any invoice, you must notify us in writing to DE Digital Pty Ltd within 7 days of receiving it.

  18. For overdue accounts, we may charge you interest at 5% per month. You may be liable for any legal costs incurred as a consequence of any default by you in regards to your obligation under these terms of trading.

  19. Any credit note issued by Design Experts must be used within 6 months from date of issue, or the funds will be forfeited.

  20. Design Experts has 3 Fee Schedules;

    1. Website Design & Development
      1. 50% of the total project fee is due upon contract acceptance.
      2. 25%of the total project fee is due once design concepts approved, or within 30 days (whichever occurs sooner).
      3. 25% of the total project fee is due upon project completion, or within 60 days (whichever occurs sooner).
      4. Monthly and yearly items will be billed in advance and separately.
      5. Disbursements (stock images, couriers etc) are not included in quotes unless explicitly stated.

    2. Print Design and Branding
      1. 50% of the total project fee is due upon contract acceptance.
      2. 50% of the total project fee is due upon project completion, or within 30 days (whichever occurs sooner).
      3. Disbursements (stock images, couriers etc) are not included in quotes unless explicitly stated.

    3. All related online serviced (i.e SEO, Google AdWords) 100% 
      1. 100% of the total project fee is due upon contract acceptance.

  21. Variations to Scope
    Design Experts proposals are contractual agreements to complete projects as per the scope outlined therein. Any alterations to these details after work has commenced may incur additional fees charged at a rate of $130 per hour. Additional costs incurred due to added functionality, features or design changes requested by the client will first be discussed and then agreed upon by both parties (You, the client and Design Experts). Then an amended proposal document can be signed off to outline the scope and costs of said changes prior to any further work commencing.

  22. Design Experts are not liable for changes to 3rd party applications which you have included in your website or other digital products. Such changes that require amendments to your product are not covered by our support desk and will be charged at an hourly rate to correct or update as required. Examples of 3rd party applications are, but not limited to: Twitter, Facebook, LinkedIn, YouTube, RealestateView.

  23. Due to recent industry changes, Joomla no longer support version 1.5 of their product. As a result Design Experts do not support this product. Design Experts will however support Joomla 2.5 and above.

  24. For all development only projects, where Design Experts is supplied with design, artwork and other related files; either by The Client or a 3rd Party; Design Experts take no responsibility for the conversion ratio, ROI and overall online strategy outcomes of the online solution.

  25. Design Experts provide email support for our webmail system linked to our CMS and hosting solutions.  We cannot provide technical support for 3rd party applications or mail reading programs such as Outlook, Office 365, Entourage and Apple mail.  We recommend for any further technical assistance you seek the assistance of an IT provider to setup these programs.
  26. By engaging our services, you agree to our Terms of Trading.  Design Experts reserve the right to change these conditions at Design Experts' discretion.

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