Terms and Conditions
Due to the nature of our business and the work we perform on your behalf, in particular copyright and intellectual property, we need some terms and conditions so we have an open, honest, and mutually beneficial relationship.
2. What We Need You to Give Us So We Can Work
3. We Rely on What You Give Us
4. We Will Make Sure We Are Punctual, Available and Diligent
5. Our Liability
6. Copyright and Intellectual Property
7. How We Treat Confidential Information
8. Our Fees and Quotes
9. Revisions, Changes, Project Scope and On Hold Projects
10. Print Management
11. Acceptance of These Terms and Delivery of Artwork and Material
12. Third Party Suppliers
‘Litterini Clark‘ mean us, that is Litterini Clark Pty Ltd doing business as lcdc.c
‘We/Our/Us/Ours’ means Litterini Clark.
‘You‘ means means you and your company as the client identified in the quote or letter of agreement engaging our services.
‘Client Material‘ is material we receive from you so that we can perform the service which may include but is not limited to, your intellectual property, images, text, cd’s, logos and other such items.
‘Quote‘ means the quote we supply to you for a service.
‘Fees‘ are our fees in relation to the service we provide.
‘Third Party Costs‘ cost that we may incur on your behalf in performing a service.
‘Service/s‘ the services as outlined in the quote or letter of agreement.
2. WHAT WE NEED YOU TO GIVE US SO WE CAN WORK
We need you to provide us with the Client Material so that we can perform the Services and in doing so also provide us with a royalty free non exclusive license to use, reproduce, and adapt the Client Material so that we can provide services to you.
We agree to use the Client Material in accordance with any conditions you set and only for the performance of our services to you.
Unless expressed otherwise we assume all material provided to us does not need to be saved or returned to you.
3. WE RELY ON WHAT YOU GIVE US
We rely on the Client Material you supply to us to be accurate and complete so that we can perform the Services for you, any shortfall of either and any inaccuracies, or delays stemming from this shortfall shall be the Client’s fault and we cannot be held accountable.
4. WE WILL MAKE SURE WE ARE PUNCTUAL, AVAILABLE AND DILIGENT
We will ensure that we are available to you at reasonable times and places and we will keep you informed as to the progress of the Service.
We will perform our Services with care, skill and diligence to the best of our abilities.
5. OUR LIABILITY
You agree to indemnify and keep indemnified us from and against any and all legal actions, proceedings, claims, damages, losses, expenses, or liabilities which we may incur or sustain as a result of our activities on behalf of the Client not limited to any information, representation, report, data, Client Material, or any material supplied, prepared, approved or authorised by the Client.
The Client further agrees that we shall not be liable for any loss of profits or other indirect costs associated with any of the services performed on behalf of the Client arising howsoever.
6. COPYRIGHT AND INTELLECTUAL PROPERTY
The copyright and intellectual property in relation to the material produced on behalf of the Client will remain with us unless a change of copyright ownership is specifically stated in writing. The Client shall receive, upon full payment of any accounts, a limited license to utilise the designs, creations, copyright and intellectual property of ours Clark for the purpose for which we were engaged and paid.
That is if you asked us to create something for a specific use such as a newspaper advertisement and our fees were charged appropriately you may not use it for further promotion outside of a newspaper advertisement without our specific permission.
Native files form part of our Intellectual Property and are not supplied with the final artwork unless it is specifically agreed to and paid for, the general charge is 3 times the design cost.
Any ideas or concepts presented to the Client but not used in the performance of services remain the our exclusive property.
Furthermore the Client agrees not to, nor to engage a third party to, reverse engineer, rework, or reuse any of our intellectual property without our written permission.
7. HOW WE TREAT CONFIDENTIAL INFORMATION
We assume that any information given to us by you should be treated as confidential and should only be disclosed as necessary in the performance of our services for you. Similarly any confidential information that we disclose to you about our business, practises, procedures, or method should not be disclosed to any other party.
8. OUR FEES AND QUOTES
Our fees are outlined in rate card and our agreement with you or as detailed in any quote. From time to time we may incur fees on your behalf with your knowledge for which we will bill you.
Our quotes are based on the brief we have obtained from you. If this brief does not reflect the end scope of the service then further charges will be incurred.
9. REVISIONS, CHANGES, PROJECT SCOPE AND ON HOLD PROJECTS
Revisions to services that are outside those outlined in the quote may incur a charge. Changes to the scope of the services as outlined in the quote or agreement will be charged at our hourly rate. Projects that have commenced and then are put on hold will be charged for the time spent to date.
10. PRINT MANAGEMENT
If printing forms a part of our quote, or we obtain a quote under your instructions, then we will manage the job and be responsible for press checks, quality, delivery and all aspects of the job. If you employ printers on your behalf and we simply supply the electronic artwork we are not responsible for any of the associated print management including delivery.
11. ACCEPTANCE OF THESE TERMS AND DELIVERY OF ARTWORK AND MATERIAL
Once you have accepted our quote and given us the go ahead to proceed you are deemed to have accepted these terms and conditions, any alteration to these conditions will only be accepted in writing and acknowledged by both parties. Delivery of artwork and material will be electronically unless specified otherwise in the quote.
12. THIRD PARTY SUPPLIERS AND BROWSER COMPATIBILITY
We cannot be held responsible for the actions of any third party suppliers, and if contracted separately on your behalf we expect you to abide by their terms. Our websites are designed to be compatible with browsers from IE9 forward, if your requirements are outside of this you may incur significant further charges.
We work diligently on your projects and expect payment to be on time, any late payments may incur a fee at our discretion. If for some reason your payment will be late please let us know. If you are not able, or willing to pay outstanding invoices for any job, all licenses mentioned in point 6 granted in the previous 12 months are revoked until such time as all outstanding accounts are brought up to date.
We understand that from time to time a job may be cancelled. If a job estimate/quote has already been accepted, and the job commenced, we will bill you the job cost so far at the point of cancellation and 10% of the gross estimate.
14. WEB DESIGN AND DEVELOPMENT
When designing and or developing a website we work to the scope as provided by the client and agreed to by us. Anything outside this scope will incur further costs.
The client also warrants that they have to right to use any material supplied by them, and indemnifies us against any and all claims that may arise from any material on their website.
We mainly work with dynamic open source platforms. As such your website and its underlying architecture may need updating from time to time. This is your responsibility unless you have a specific ongoing maintenance plan with us.
We will attend to any errors or problems that are within the scope for a period of three months after a site had gone live. Post that period any work will incur our standard studio charges at an hourly rate.
We may choose to backup your website but unless you have a specific maintenance agreement with us backing up your website and the security thereof is your responsibility.
If any invoice relating to any web design or development remains unpaid for over 60 days we reserve the right to take down any work we have performed and /or suspend the website entirely.
We are not responsible for any third party applications or guarantee their continuing functionality.
You acknowledge that any advice we provide you in relation to any matter regarding web design or web development may not be applicable for the future and is only based on our experience and may, or may not suit your circumstances.
15. WEBSITE MAINTENANCE AGREEMENTS
Designed to help you keep your website running smoothly, our maintenance agreements provide an essential service that ensures your website is operating with the latest release of WordPress, PHP and up-to-date plugins and all functionality is running smoothly.
We do not monitor, upgrade, or backup your website unless we have a specific maintenance agreement.
We do stress that this is not essential, your website will keep running well but changes to underlying code and third party plugins are beyond our control. Updates, bugs, security breaches, and out-of-date, or conflicting plugins that require fixes will be charged at our standard web developer rates if there is no maintenance contract.
As per our terms and conditions we provide warranty and bug fixes for your new website for a period of three months once your site has gone live.
Maintenance agreements are not a money making proposition for us, it is a service we offer our clients to cover the cost and time of the maintenance. The processes involved in upgrading and some of the issues can be read about at http://codex.wordpress.org/Updating_WordPress
What our maintenance agreement includes
- Review and installation of new WordPress installs
- Review and upgrade of plugins
- Periodic backup of your website
- Installation and monitor of Brute Protect security
- Quarterly review of your website for issues and updates.
We choose plugins carefully but if in the future a plugin is no longer supported we will need to find a suitable replacement which will be outside the scope of the maintenance agreement and incur time charges.
We would normally collect personal information directly from you ( you may fill in a form or contact us). From time to time we may collect information from a third party with your consent or reasonable expectation that we would collect information this way ( publicly available sources such as websites and directories).
We do not collect any personal information if you only browse this website.
Use and disclosure of information
We will not sell, share or rent your personal information. We will not disclose any information, unless required by law or if we believe it necessary to provide you with a service you have requested. We may also do so to implement our terms of service, protect the rights, property or personal safety of another user, any member of the public or ourselves, or if our assets and operations are transferred to another party as a going concern. We may also send you information and product updates, which you have requested. Therefore we may sometimes share your personal information with a service partner, subject to confidentiality provisions, but will not otherwise disclose it to other companies without your consent or reasonable expectation.
If at any time you want to know exactly what personal information we hold about you, you can access your record by contacting us at email@example.com. If you believe that your personal information is inaccurate or out of date, you can request that we amend your information. If you wish to have your personal information deleted, we will take all reasonable and legal steps to delete it.
Storage of your information
We will endeavour to take all reasonable steps to keep secure any information, which we hold about you, and to keep this information accurate and up to date.
Links to other websites
Notification of change