FLUX Design Studio Terms & Conditions
These terms and conditions form the agreement between FLUX Design Studio (“us” “we” “our”) and our clients (“Client” “you” “your”) and commence from your acceptance of our quote or proposal and continue until termination. We may vary these terms and conditions from time to time without prior notice so we recommend that Clients check our website www.fluxdesignstudio.com.au for the current version.
QUOTES AND PROPOSALS
Flux Design Studio may charge Clients a set fee for services or charge pursuant to an hourly rate. We will provide you with written confirmation of our services and pricing in a quote or proposal form, depending upon the complexity of your needs. Our quotes and proposals are open for 30 days unless otherwise stated (the quote period). The cost of the services you seek may vary after the expiration of the quote period.
Payment terms may vary depending upon the nature of the services that we provide. Our payment terms will be specified in the quote or proposal provided to you and payment will be due and payable in accordance with the terms stated in the invoices issued by us. By accepting our quote or proposal you are agreeing to the payment terms specified therein.
At times we may require a deposit prior to commencing work, the details of which will be stated in our quote or proposal and will be payable in accordance with our invoice.
PROVISION OF SERVICES
We provide a variety of services. These terms and conditions apply to your engagement of our services as described in the quote or proposal provided to you. We comply with the Australian Consumer Law and you have the rights specified therein. At times we may engage third party providers to assist us as our contractors to whom these terms and conditions will apply.
We require your co-operation to best service you. We may at times, request you to provide us with information, assistance or content. To assist us with managing our time we ask that you respond to our requests in a timely manner. Clients can engage us to provide on-going maintenance of your website, but if you do not do so, such maintenance will be your responsibility and we will not be liable for any damages, malfunctions or other issues that might arise.
WARRANTIES AND INDEMNITIES
You are responsible for doing all things necessary to ensure the safety of FLUX Design Studio representatives attending your premises and you agree to indemnify FLUX Design Studio for any injury, loss or damage to property that occurs while on your premises. FLUX Design Studio holds all relevant insurances, however we are not responsible for any injuries, loss or damage that occurs at any third party venue.
At times we might suggest that Clients seek assistance from a third party provider. Any recommendations made by us are based on our opinion only, we do not warrant the performance of any third party provider who is not contracted by us, and any engagement between you and any third party is on terms between you.
We maintain current anti-virus software on all of our systems, however to the extent provided by law, we do not guarantee against third party interference. We may at times, purchase software products on behalf of our Clients, including but not limited to website ‘themes’ or ‘plug-ins’. To the extent provided by law, we are not liable for any damages resulting from the possession, use or malfunction of third party software or files including but not limited to property damage, loss of profits or goodwill.
We do not warrant that your website will be uninterrupted or error-free, or that our files will be compatible with third party software or hardware. Nor are we liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond our reasonable control.
The Client will retain the proprietary rights to any intellectual property (whether registered or not) that you provide to us. FLUX Design Studio retains the right to all intellectual property (whether registered or not) that is created by us and that is not provided to the Client as a final product (e.g. our working files). The Client will become the sole proprietor of the intellectual property contained in the final product and consents to FLUX Design Studio using the final product in our portfolio for promotional purposes only.
This agreement is governed by the laws of Victoria and Australia.
This agreement will terminate automatically upon completion of the services required. This agreement will be terminated without notice if the Client fails to pay any amounts owing by the due date, or if the Client breaches any other term of this agreement. We reserve the right to terminate this agreement if the Client refuses to comply with our reasonable requests for assistance, and will issue an invoice for all unpaid work as at the date of termination. The obligation to pay survives termination of this agreement. FLUX Design Studio reserves the right to terminate this agreement in the unfortunate event that we become unable to provide the services requested, in which case all monies paid for work not undertaken will be refunded to the Client.