Terms of Service
- Last Updated: Monday, 16 December 2013 02:44
You agree that this document take precedent over any other terms and conditions, express or implied, and regardless of whether it is your general practice to conduct similar engagements under your own Terms and Conditions.
1. Use of webhosting, domains, emails and MD GreenHost services
Please read the MD GreenHost terms of service, found here http://md-media.com.au/legal/_md-greenhost-webhosting-terms-of-service.html. You are required to comply with the terms of service stated within the document at all times when using a webhosting, domains, emails and/or MD GreenHost service.
2. Commencement of work
A job is confirmed once you send an e-mail, acknowledge in person, acknowledge by phone or acknowledge via any other means of communication agreeing to any quotations sent, and explaining clearly that you are commissioning the work.
If you are contracting with us on behalf of any group of individuals other than yourself alone, or on behalf of a company, you warrant that you are authorised to enter into a contract on behalf of that group of individuals or company.
3. Agreement to quotation
You will receive a quotation for work done. When you agree for us to start work, you agree that MD Media Consulting will complete only what is specified within the relevant quotation for the listed price. If the quotation expires at any stage, a new quotation must be issued.
You are not required to make payment until you are completely satisfied with all works completed, except for a non-refundable 50% deposit.
Prior to one of our website design mockups being approved by you, you will be free to terminate this contract with no payment whatsoever being due after this time. If you have made part payment in advance, this will be reimbursed to you. This is entirely without prejudice, and no liability or admission of failure or inability to complete the contract on our part is implied. After a mockup is approved by you, this right will no longer be available.
Should you terminate this contract in such a circumstance, you undertake to make no use whatsoever of any material contained in any draft which was prepared for you.
In such circumstance, you agree to absolve us of all responsibility for any loss of income or for any costs or damages suffered by you or by any third party as a result of any delay which has been caused to your business or to the business of any third party.
4. Payment Terms
You will be invoiced once work is completed. All invoices must be paid within 14 days or a 10% late fee will be levied on the invoice value. If a late fee is required to be paid, then the invoice shall not be regarded as paid until the late fee has been paid in full in addition to the invoice value without the late fee.
Payment is required to be made in full compliance with the instructions given on your invoice.
The existence of an 'end of following month' payment practice in your organisations's handling of accounts payable will in no way alter your obligation to make payment on the due date shown on our invoice.
You have no right to withhold or reduce payment based on your critical response to, or appraisal of any works done and you acknowledge our right to pursue payment in full should you elect for any reason to do this.
In the event of premature commutation of the project by you for any reason, no reduction in fee will be due, and the full sum agreed between us for the work contracted will immediately become due for payment, with the immediate cancellation of any period of credit shown on the invoice, unless you are terminating the project in compliance with section 3.
In the settlement of any and all disputes arising out of these Terms and Conditions or arising in any other way from any contract formed between us, you acknowledge that Victorian Jurisdiction will prevail and agree to subject yourself to and comply with settlement ordered under Victorian Jurisdiction.
6. Due Dates
We will endeavour to ensure that deadlines and milestones are met punctually, and almost always manage this. From time to time, however, workload may cause us to put back delivery dates. We reserve the right, to put back any milestone or delivery date by up to 48 hours.
7. Passing over of material
As part of the brief for your project, your may send MD Consulting drafts, sample ideas and other such material which has been written for you by somebody else. If you send such draft copy, you affirm that you are the copyright holder, or that you are authorised by the copyright holder to permit all or part of this material to form a part of the project which will be created for you. In such a case you indemnify MD Media Consulting against any claim arising from subsequent suggestion that the new work in any way breaches any existing copyright.
In any situation where you do ask us to view an existing copy draft as part of the briefing, you acknowledge that the draft which we will create for you may bear similarities in all or part to this draft, but that in such a case the draft we will write for you will be considered as an original work under the terms of our contract, without regard for the existence of the original draft.
8. Referencing other people's content
If you send us research or sample copy taken from someone else's printed collateral or site as an indication of what you want, we will make every effort to ensure that the draft that we prepare for you in no way breaches the copyright of the content owner. However, you indemnify us against any action arising, directly or indirectly, as a result of use of this content as reference material.
9. Your right to use our work
When you commission us to complete a project for you, you are purchasing the copyright in the work that we will create for you, and this is assigned to you on receipt by us of full and final payment of all fees due.
We reserve the right to use extracts of the work done in our portfolio and throughout any of our websites and other marketing material.
You are not allowed to profit from or publish work in any way until full payment including any additional fees has been made.
10. Proof reading and other errors
We make every effort to ensure that copy and other work submitted is free of spelling mistakes, errors and other literals. Early drafts may sometimes contain such errors, and our practice is to ensure that these are removed before a final draft is submitted to you. However, the responsibility for checking for spelling mistakes, errors and literals is yours, and you absolve us of responsibility for any costs incurred as a result of the appearance of such errors in the final published form of any works done, whether or not these errors appeared in any draft of the copy supplied by us.
You acknowledge that all content displayed on the MD Media Consulting websites is copyright to MD Media Consulting, and is displayed for your information only. You may not copy or adapt any item, in whole or part, for any use whatsoever, save in a presentation whose purpose is to demonstrate to a client or colleague the nature of our work, with a view to gaining approval to commission us.
When you contract with us, you acknowledge that we may, from time to time, engage the services of other competent professional contractors to help deliver all or part of the work which you require. In such a case, we undertake to review and amend the work before it is presented to you, and to ensure that the work is of the quality and professionalism you would expect had we completed the work entirely.
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