Home > Terms and conditions
1.1 CDC Designs Mailing address 2/11 Brough Street, Springvale 3171. ABN 93 503 197 002 will provide you with the services set out in your confirmed Purchase Order. Only those services mentioned will be provided by CDC Designs and any amendments, add-ons or schedule changes must be agreed to in writing. This and the following clauses are the General terms and conditions on which those services are supplied and together with the Purchase Order and Fee Schedule form the total agreement between us.
2.1 You must pay all charges as set out in the Purchase Order. As prices quoted on CDC Designs material may change at any time without notice, please check the price on your Purchase Order before confirmation. Cost estimates are only valid for a period of 30 days.
2.2 You will remain liable for all fees during any period when Services have been discontinued or suspended due to a failure on your part to comply with these terms and conditions. All intellectual property rights remain with CDC Designs until payment.
2.5 You must pay CDC Designs charges without any set off, counter claim or deduction unless same is agreed in writing between us.
2.6 CDC Designs reserves the right to prioritize early paying clients and to
charge urgency fees for turnaround within 2 working days. (Overnight status)
2.7 Agreed Costing is conditional on your supplying data required for a Website Stage or
completion deadline agreed within 7 working days of confirmation of Order. CDC Designs reserves the right to revise costings if that condition is not met in line
with charges applying at the relevant time. creative@creativedigitalcanvas.com.au
(03) 87868615, 2/11 Brough Street, Springvale 3171 will entail waiting for clearance before
supply of files. Delivery being :Supply of final artwork digital files to printer, on disk, via
email or uploaded to nominated ISP. Construction files remain the property of CDC Designs unless arranged otherwise.
2.8 Printer or ISP Liaison is charged at our Project Management rate per hour.
completed to that date.
3.1 Implied, statutory or otherwise relating to the provision of services by CDC Designs not contained in the Agreement are excluded and CDC Designs WILL NOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING
CONSEQUENTIAL LOSS OR DAMAGE) HOWEVER CAUSED (WHETHER BY NEGLIGENCE OR OTHERWISE) WHICH MAY BE SUFFERED OR INCURRED OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY with respect to the service. respect of CDC Designs relationship with you, or otherwise gives you a particular remedy against CDC Designs and the legislation or any other legislation renders void or prohibits provisions excluding or modifying the application of, exercise of, or liability under such implied term, condition, warranty or remedy will be deemed to be included in the Agreement or as the case may require apply to the relationship between CDC Designs and you. However, CDC Designs liability for any such breach of such implied term, condition or warranty or under such remedy, will be limited, at CDC Designs option, in any one or more of the ways permitted in that legislation, including, where so permitted if the breach relates to Services the supplying of those services again or the payment of the cost of having those Services supplied again.
3.2 You acknowledge that web sites cannot be guaranteed to be 100% error free in construction and/or 100% secure, and acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate this agreement.
4.1 CDC Designs reserves the right to suspend services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us websites may be taken down until payment is confirmed.
5.1 CDC Designs may discontinue services if an amount payable to CDC Designs is overdue or take down a website permanently in any case where an amount payable is overdue by more than 30 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties.
6.1 You will be solely responsible for the content of your Web Page/undertakings.
CDC Designs is not responsible for proof-reading any content unless specifically agreed.
6.2 CDC Designs makes no representations to you concerning the content or functionality of your Web Site. This is your responsibility to ensure that it meets your requirements.
6.3 If you provide CDC Designs with goods, material, photographs, film, data
or information to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify CDC Designs against any action taken against CDC Designs by any such third party.
6.4 Without limiting the generality of the foregoing, you agree not to infringe the copyright trademark, privacy or personal or proprietary rights of third parties, supply libelous, abusive, obscene material or disparage the products or services of any third party.
6.5 CDC Designs for its part hereby undertakes not to knowingly infringe the rights of third parties in activities conducted on your behalf.
6.6 You are solely responsible for dealing with persons who access your data or webpage and warrant that you will not refer complaints or inquiries in relation to such data to us.
6.7 CDC Designs reserves the right to place a company link on a nonconspicuous location on the Client’s Web Site acknowledging their role in designing the Web Site.
7.1 Technical assistance via telephone or email will be offered. Extensive queries to deal with or site maintenance will be charged at hourly rates.
8.1 If you choose to organize your web hosting arrangements yourself, final exported sites will be uploaded to your preferred host company or supplied on disk to you at the cost set out in the Fee Schedule. Construction files of the site can be supplied on request at the Fees set out in the Fee Schedule.
8.2 Please note that CDC Designs accepts no responsibility for delays or down time, breakdowns or data loss caused by Hosting Providers.
9.1 The parties agree that if any dispute should arise under this agreement, attempts in good faith by both parties will be made to resolve the matter fairly before resorting to court procedures. In doing so, each party agrees to use its best endeavors to:
• Clearly communicate in writing the background facts leading to or causing the dispute
• Set out clearly what action is required to settle the dispute
• Select a way of resolving the dispute and explain why that way of resolving the dispute can be said to be a fair resolution
• Discuss specific means of avoiding such disputes in the future
10.1 Ownership of the Web Site resulting from the Service will become the property of the Client, after hand-over by CDC Designs.
10.2 CDC Designs retains the Copyright in and the right to use all artwork created in advancing the profile of CDC Designs and to be recognized for artwork created by CDC Designs.
10.4 CDC Designs observes Privacy Laws and Guidelines relating to personal data.
11.1 If any of these terms and conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of the Agreement between us. The remaining terms and conditions remain in full force and effect.
11.2 Written communications between us may take the form of letters, formal documents, faxes or emails.
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