Terms of Service

Following are our standard Terms and Conditions. Please note by signing our proposal, you agree to have read, understood and agree to these conditions.

The below conditions have been construed under Australian Law and apply to all individuals, businesses or companies (Client/s) engaging the services of Awesome Sauce known as Mandy the sole trader unless otherwise agreed to in writing by both parties.

General Conditions of Contract

1. These Terms and Conditions cover all Contracts entered into by a Client with Mandy for services relating to website, design, copywriting, brand identity, images and marketing services.

2. These Terms and Conditions are subject to change without notification by Mandy.

Original Visual Brief, Variations and Guarantee

3. Mandy and the Client will attend an initial consultation with the client or representative in relation to scope of work and brief requirements.

4.  If no delivery date for final Artwork is decided upon and noted during the initial consultation, payment will be required at the time/s; the length of time between consultation and delivery of final Artwork will have no effect on the requirement to remit funds on invoicing. No works will be released to the client without final payment.

5. Mandy will not charge for additional revisions of Artwork provided that the Client’s requests for revision conform to the original Visual Brief and are communicated within the agreed timeline (if provided).

6. Any additional work, revisions or variations outside of the original Visual Brief will be charged at the rate of $65 per hour, billed in 15 minute increments.

Quotations

7. Quotations are generated by Mandy on the basis of the Brief and expected time investment. Quotations may be subject to change if additional work is required.

8. All time quotations are an estimate and are based on calendar working (business) days. No quoted Artwork delivery dates are guaranteed and can vary.

Payment

9. The Mandy reserves the right to request a deposit from the Client prior to starting work on their project or Artwork. If a deposit is requested by the Company, an invoice will be generated and delivered to client via email and payment is expected. By remitting deposit funds to Mandy, the Client is accepting the Terms and Conditions and entering a contract with Mandy.

10. If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from Mandy.

11. Mandy will invoice the Client for the remaining cost of the Artwork and associated services prior to the commencement of web site construction or printing. Mandy reserves the right to not proceed with these services until payment has been received (in full) from the Client.

12. The Company reserves the right to invoice prior to the time detailed in clause (11) if the Client has been uncontactable / unresponsive for more than 30 days – refer Cancellation & Variation Policy

13. Mandy reserves the right to invoice for work completed if the project exceeds 60 days.

14. Mandy is entitled to charge the Client for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days.

15. Mandy reserves the right to delete web sites with accounts more than 60 days outstanding payment.

Cancellation and Variation Policy

16. Mandy reserves the right to charge additional costs if the Client requests amendments to the original Visual Brief, the original project outcome is altered or further Artwork is requested.

17. If the Client requests the cancellation of a Contract, Mandy will determine the cost of Artwork and services provided. The Client will be invoiced this amount minus any deposits paid on the project to date.

a) If the determined monies payable is less than the deposit paid, a refund will be issued by the Mandy to the Client for the difference.

18. Mandy will declare a project completed if no response is received from Client within 30 days of providing a concept Artwork and this Artwork will be determined as the final accepted Artwork. Mandy will then invoice the Client for final payment of total project and non-payment will result in collection processes. Legal action may also be taken to recover all monies owed.

Approving Proofs/ Designs/Printing

19. The Client is held responsible for approving all Artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to; design, spelling, grammar, illustrations, images and quantity. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required.

a) The Client’s final accepted proof is the Artwork that will be submitted for prints and/or web construction. There will be no reprints or web development at our expense. Printout of Client proof is supplied at intended final print size (100%) to assist in confirming colours, design, bleed, size and type. You shall indemnify Mandy against all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to provision of Materials, use of Services by you or anyone else, or otherwise arising.

Limitation of liability 

20. The Client agrees and accepts that Mandy is not legally responsible for any loss or damage suffered or incurred related to use of any of Mandys services, whether from amendments, errors or omissions in documents, designs, information or any goods or services we be offered. This includes the Clients use or reliance on any third-party content, links, comments or advertisements. The Clients use of, or reliance on, any information or materials The Company produces, amends or designs is entirely at your own risk, for which we shall not be liable.

21. It shall be the clients own responsibility to ensure that any products, services or information you use meet their specific requirements.

22. The Client acknowledges that such information and materials may contain inaccuracies or errors and expressly exclude liability of Mandy for any such inaccuracies or errors to the fullest extent permitted by law.

Submission of Client artwork

23. It is the Client’s responsibility to ensure that any Artwork, images, files and text submitted does not violate Australian copyright laws. The Company and its contractors assumes all written and visual content adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use.

Copyright

24. Ownership of copyright over all concepts and draft Artwork and final build remains with Mandy. This includes, but is not limited to; logos, symbols, compositions and copy. Unlawful use of these Artworks by the Client is strictly prohibited. The use of Artwork prior to payment is illegal.

25. For more information visit http://www.copyright.org.au/information

26. Artwork designed will remain the property of Mandy until account is paid in full. Upon full payment of account, copyright ownership will be transferred to the Client. Mandy retains rights to utilise Artwork and all design elements for portfolio/self-promotion.

27. Mandy does not take any responsibility for Trade marking of any kind.  It is the clients responsibility to check trade marking laws and existing Trademarks for availability.

Web Site Design

28. The Client agrees to allow Mandy to add a small credit on the customer’s website. This will be in the form of a small line of text placed towards the bottom of the page.

29. The Client also agrees to allow Mandy to place websites and other designs, along with a link to the Client’s site on the Company’s own website for self-promotional purposes., unless agreed to by both parties in writing beforehand.

Web Site Design Post-Completion Alterations

30. Upon completion of web site build, Mandy will provide the Client with opportunity to review the resulting work. The Company will make one set of changes at no extra cost within 14 days of submission to Client for review (‘review period’). Changes include textual changes and adjustments to placement of items on the page.

31.Mandy can be notified of any minor requested changes by e-mail. Mandy will consider that the Client has accepted the original draft if no notification of changes is received in writing from the Client within 14 days of the start of the review period.

SEO Search Engine Optimisation & Search Engine Listings

32. Mandy builds web sites according to the trends of SEO at the time of building. We will help you to explore your key words/key phrases; however final key phrase choice is the responsibility of the Client.

33. Mandy cannot guarantee, and is indemnified by the Client against any claims regarding the following: presence of Google or search engine listing, the position of web site in any search engines, which or if any of the web pages will be listed in any search engines, the time it will take for any search engines to list the web site and effectiveness of key words/key phrases.

34. Mandy take no responsibility for duplicate content found on the Clients website or if the website is search engine black listed due to the written content or images of their site.

Technological advancements

35. The Client is to refer to hosting and domain name providers for queries regarding the following services:  Domain names, Hosting and registration, SSL certificates, Email addresses and Email hosting.

36. The Client is to refer to their technical support company for queries regarding the following services and their applicable Terms & Conditions: Set up of email addresses, Emails going to Spam/ Junk, Email not functioning and Email Signatures

37. The Company does not provide the following services: Domain names, Hosting and registration, SSL certificates, Email addresses, Email hosting, Setup of email addresses, Emails errors of any kind and Email Signatures

38. Mandy holds no responsibility if your email addresses are targeted with spam as it is outside of our control. Mandy holds no responsibility if the Client’s email account details are attained and used to send spam or malicious material.

39. Mandy builds and designs websites to the best of her knowledge at the time of completion. Mandy cannot take responsibility if the Client’s site is “hacked” or maliciously attacked in form. Mandy will not be held responsible and is not liable for any loss of income to arise from the clients website “going down”, being hacked or otherwise. Mandy does not provide software updates or take responsibility if the software used becomes out of date and obsolete. Mandy does not take responsibility for any unforeseen advancements in technology that may have negative effects on any aspects of the Client’s site or system.

40. To extent permitted by law, Mandy hereby expressly exclude: (a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity; (b), any liability for loss of income or revenue; loss or interruption of business; loss of uptime; loss of profits; loss of or damage to software; loss of anticipated savings; loss of data; loss of goodwill; wasted management; or any liability for any direct, indirect or consequential loss or damage incurred by you or any end user in connection with Services, or use of Services; and (c) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. You shall indemnify the Company, its directors and representatives from and against all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to provision of Materials or Site Software, use of Services or Site by you or anyone else, or otherwise arising.

CMS Content Management Systems

41. Web sites are built using the latest software available at the time. All website terms and conditions also apply to CMS.

42. The Company does not hold responsibility for any content posted on the client’s website. Any changes to the CMS after delivery will be charged accordingly. Any repercussions of the advancements in the CMS or server/hosting technology are not the responsibly of Mandy.

43. Mandy does not hold any responsibility for misuse of the CMS or website.

Force Majeure

44. Mandy shall not be liable for any failure or delay in supply or delivery of Artwork or services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Mandy including but not limited to war, strikes, lockdowns, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.