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Terms & Conditions

Design4u Service Definition

 

This AGREEMENT is between Person(s) and or/of company, hereafter referred to as the “Client” and Design4u Creations, hereafter referred to as “design4u”.  This agreement is with respect to design/re-design of the clients website or any other service provided by design4u,  hereinafter referred to as the “Work”.  Whereas,  design4u is the web designer of good standing:  whereas,  Client wishes design4u to create certain Work as described more fully herein:  and Whereas,  design4u wishes to create such Work:  Now,  therefore,  in consideration to both parties hereto agree as follow:

CONFIDENTIALITY:
The Client and design4u may disclose confidential information one to the other to facilitate work under this Agreement.  Such information shall be so identified in writing at the time of its transmittal,  and shall be safeguarded and not disclosed to third parties by the receiving party.  Confidential information shall not include information that:

1. Is already known to the party to which it is disclosed.
2. Is or becomes part of the public domain without breach of this Agreement.
3. Is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement.

DESCRIPTION OF WORK:
A separate Proposal will describe the Work that is required of design4u for the Client.

PAYMENT SCHEDULE:
The full length of this contract is as follows:

The date is DATE and estimated completion* date is DATE for the total amount of DOLLARS.

The Client shall pay design4u 50% of project value as a deposit for the project commencement.  The initial deposit is non-refundable unless otherwise advised by design4u.

The balance of the remaining 50% is due on completion date,  and prior to file relinquishment,  or upload and/or assembly of website on Client’s web server.

DUE DATES:
design4u agrees to deliver samples of design on dates as agreed upon in the Proposal.  Design4u will make every effort to meet agreed upon due dates.  The Client should be aware that failure to submit required information or materials might cause subsequent delays in the production.  Client delays could result in significant delays in delivery of finished work and incur additional charges.

FEES & ADDITIONAL SERVICES:
Changes in client input or direction or excessive changes will be charged at $50.00 per hour rounded to every 15 minutes.  Any work the Client wishes design4u to create,  which is not specified in the DESCRIPTION section of this agreement,  or in the attached Proposal will be considered an additional service.  Such Work shall require email Agreement to proceed with additional requirements.

EXPENSES:
Client agrees to reimburse design4u for any of the following expenses necessary in completion of the Work: (e.g. Fonts,  Messengers,  Proofs,  Props,  Research,  Shipping,  Software,  Stock photography,  Travel,  Telephone  and Consultation).

ASSIGNMENT OF WORK:
design4u reserves the right to assign other designers or subcontractors to the Work to ensure quality and on-time completion.

RESERVATION OF RIGHTS:
All rights not expressly granted hereunder are reserved to Consultant,  including but not limited to all rights in sketches,  comps,  or other preliminary materials.

PERMISSIONS AND RELEASES:
The Client agrees to indemnify and hold harmless design4u against any and all claims,  costs,  and expenses,  including attorney's fees,  due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.

PUBLICATION:
The Client may publish or disclose information regarding the Work and shall acknowledge the support of design4u in all such publications.  The Client will not use the name of design4u,  in any advertising or publicity without the prior written approval from design4u.  design4u will only use the name of Client,  in our design portfolio/website,  any other advertising or publicity requires written approval from the Client.

COPYRIGHT NOTICE:
Copyright is in design4u name.  Upon completion of Work,  the copyright will only be released to the Client upon design4u signing of the Release of Copyright.

QUALITY OF SERVCE GUARANTEE:
The design and development of your,  Work will be to industry standards ensuring compatibility and quality.  All Work provided is tested and will be cross browser compatible with all latest,  most popular browsers.  However you will find some differences depending on which Internet browser used.  In addition design4u is unable to guarantee the quality of third party components,  extensions,  modules and CMS systems.

TERMINATION:
Either party may terminate this Agreement by giving 30 days written notice to the other of such termination.  In the event that Work is postponed or terminated at the request of the Client,  design4u shall have the right to bill pro rata for work completed through the date of that request,  while reserving all rights under this Agreement.  If additional payment is due,  this shall be payable within thirty days of the Client's written notification to stop work.  In the event of termination,  the Client shall also pay any expenses incurred by design4u and design4u shall own all rights to the Work.  The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.  For additional clarification of initial payments received,  review payment schedule.

FORFEITURE OF CONTRACT:
If the client has not provided material necessary to complete the project to design4u within one month of the initial depost date or confirmation of Work,  this action will be considered Cancellation.  Forfeiture of Contract will be considered finalisation of contract,  all monies paid will be considered finalisation of contract.

The Client and design4u are independent parties and nothing in this Agreement shall constitute either party as the employer,  principal or partner of or joint venture with the other party.  Neither the Client nor design4u has any authority to assume or create any obligation or liability,  either express or implied,  on behalf of the other.

CONTRACT AUTHORISATION:
This Agreement shall be governed by and construed in accordance with the laws of Fair Trade NSW applicable therein. The trems and conditions will be in effect as from email, phone or letter confirmation and/or deposit has been received by design4u.

 

DISCLAIMER:

design4u creations will not be responsible for any damages a business may suffer for any reason. design4u creations makes no warranties of any kind, expressed or implied for services or products it provides. design4u creations disclaims any warranty or merchantability or fitness for a particular purpose; includes loss of data or email resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by design4U creations and its employees. design4u creations will not be responsible for providing computer equipment to the customer for any purpose whatsoever. design4u creations reserves the right to revise its policies, terms and conditions at any time, and from time to time.

Failure to perform or follow any term or condition will be grounds for immediate termination of services.

 

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