Legal
This page contains all of our important legally required information.
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Website disclaimer
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.
The information contained in this website is for general information purposes only and is provided by ctrlcreative.com.au. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you may be able to link to other websites which are not under the control of ctrlcreative.com.au. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, ctrlcreative.com.au takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
COPYRIGHT NOTICE
This website and its contents are the copyright of CTRL Creative – © 2022. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.
Privacy Policy
Last updated: 8 June 2022
At ctrlcreative.com.au, we are committed to protecting your privacy as a customer and an online visitor to our website. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our privacy policy below carefully.
INFORMATION WE COLLECT FROM YOU
In the course of your visits to our website or use of our products and services, we may obtain the following information about you: name, company name, email address, telephone number, credit card details, billing address, geographic location, IP address, survey responses, support queries, blog comments and social media handles (together ‘Personal Data’).
Our services are not directed to persons under 18 and we do not knowingly collect Personal Data from anyone under 18. If we become aware that a child under 18 has provided us with Personal Data, we will delete that information as quickly as possible. If you are the parent or guardian of a child and you believe they have provided us with Personal Data without your consent, then please contact us.You can review, correct, update or delete your Personal Data by either logging into your account and making the changes yourself or contacting us directly to do so.
HOW WE USE YOUR INFORMATION
Personally Identifiable Information: We use the information we collect to deliver our services to you, including: communicating with you, providing technical support, notifying you of updates and offers, sharing useful content, measuring customer satisfaction, diagnosing problems and providing you with a personalised website experience.
Marketing communications are only sent to you if you have requested or subscribed to them. You can opt out of our marketing communications at any time by unsubscribing or emailing us and your request will be actioned immediately.
Non-Personally Identifiable Information: We also use the information we collect in aggregated and anonymized forms to improve our services, including: administering our website, producing reports and analytics, advertising our products and services, identifying user demands and assisting in meeting customer needs generally.
Any information you choose to make publicly available, such as blog comments and testimonials on our website, will be available for others to see. If you subsequently remove this information, copies may remain viewable in cached and archived pages on other websites or if others have copied or saved the information.
STORAGE AND SECURITY OF YOUR INFORMATION
We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. All information we receive from you is stored and protected on our secure servers from unauthorized use or access. Credit card information is encrypted before transmission and is not stored by us on our servers.
To enable us to deliver our services, we may transfer information that we collect about you, including Personal Data, across borders for storage and processing in countries other than Australia. If your Personal Data is transferred and processed outside Australia, it will only be transferred to countries that have adequate privacy protections.
We retain your personal information for as long as needed to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
In the event there is a breach of our security and your Personal Data is compromised, we will promptly notify you in compliance with the applicable law.
COOKIES AND PIXELS
A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. Use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any Personal Data (e.g. name, address, email address or telephone number). Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. This may, however, prevent you from taking full advantage of our website.
Our website uses cookies to analyse website traffic, provide social media sharing and liking functionality and help us provide a better website visitor experience. In addition, cookies and pixels may be used to serve relevant ads to website visitors through third party services such as Google Adwords and Facebook Adverts. These ads may appear on this website or other websites you visit.
SHARING YOUR INFORMATION WITH THIRD PARTIES
We do not and will not sell or deal in Personal Data or any customer information.
Your Personal Data details are only disclosed to third party suppliers when it is required by law, for goods or services which you have purchased, for payment processing or to protect our copyright, trademarks and other legal rights. To the extent that we do share your Personal Data with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy and in accordance with applicable law. Our contracts with third parties prohibit them from using any of your Personal Data for any purpose other than that for which it was shared.
DISCLOSURE OF YOUR INFORMATION
We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of ctrlcreative.com.au, our customers or third parties.If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be transferred to a purchaser under a confidentiality agreement. We would only disclose your Personal Data in good faith and where required by any of the above circumstances.
LINKS TO OTHER WEBSITES
This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy policy applies solely to information collected by this website.
CHANGE IN PRIVACY POLICY
As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy.
CONTACT US
If you have any questions or concerns at any time about our privacy policy or the use of your Personal Data, please contact us at info@ctrlcreative.com.au and we will respond within 48 hours.
Terms of Service
Welcome to the CTRL Creative website. By accessing our Website or using our Services, you are agreeing to comply with and be bound by the following terms and conditions ("Terms"), which govern our relationship with you in relation to your use of our Website and our Services.
We offer fix-priced subscription based graphic design and print ready art services through our Website where Clients can subscribe to receive our Services and provide their Design Briefs through the Website. They can also submit Orders for Services for the delivery of graphic design and print ready artwork that is to be completed by us based on the Subscription Plan which has been purchased by the Client.
By placing any written, verbal or electronic Order for Services, you accept these Terms in your own right and on behalf of any Related Bodies Corporate on whose behalf the Order for Services is submitted.
The Client commissions the Graphic Designer to design and create the artistic work(s) that is described in the Order for Services in accordance with the specifications set out in Order for Services.
In these Terms:
‘Account’ means an account that allows a Client and their Authorised Personnel to access the Client Dashboard on the Website.‘
Authorised Personnel’ means those managers, employees, independent contractors and agents of a Client who are authorised by the Client to access the Client’s Account and Client Dashboard.
‘Client’ means the person or legal entity who submits an Order for Services to us and includes any Related Bodies Corporate on whose behalf the Order for Services is submitted.‘Client Dashboard’ means the portal that is set up on Website through which Client and their Authorised Personnel will log into the Client’s Account and access and track their Projects.
‘Client Material’ means (a) a detailed description of the Design Brief; (b) existing Trade Marks that are relevant to the Order for Services; and (c) electronic files of artistic works, graphic material, images, data, type fonts, templates, information, content, and other copyright works or material that may be supplied to us by the Client or their Authorised Personnel.
‘copyright’ means:
(a) any copyright under the Copyright Act 1968 (Cth);
(b) any copyright under the law of a country other than Australia; and
(c) rights in the nature of or analogous to the rights in (a) and (b) under the law of Australia or any other country (including future copyright and rights in the nature of or analogous to copyright).
‘Design Brief’ means the Client’s description of the print ready artwork and other graphic design material to be created by us that submitted with the Order for Services on the Website, or otherwise provided to us by the Client.
‘Graphic Designer’ means Brenton Sewart and any and all contractors, consultants or representatives that may be employed to assist with the Services from time to time.
‘Graphic Designer Material’ means any templates, images, artworks, designs, type fonts, software tools, know-how, methodologies or any copyright works or material existing before the Graphic Designer commences the creation ofa Project or otherwise arising in whole or in part outside of the work applied by the Graphic Designer to provide the Services in respect to the Client’s Order for Services to the creation of a Project.
‘GST’ means the goods and services tax as defined in the A New Tax System (Goods and Services) Act 1999 (Cth).
‘intellectual property rights’ means all rights in relation to copyright, trade secrets, confidential information, designs, patents, trade marks and service marks, whether registered or unregistered.
‘month’ means a calendar month.
‘Newly Created IP’ means original works protected by copyright that are created by the Graphic Designer for the Client in the course of performing the Services for the Client in creating anyProject, including any Trademarks.
‘Payment Gateway Partner’ means that legal entity that will provide us with credit card / debit card transaction processing functionality.
‘Personnel’ means any director, officer, employee, independent contractor, agent or other representative.
‘Related Bodies Corporate’ has the same meaning as defined in the Corporations Act 2001 (Cth).‘Services’ means the graphic design services outlined on the Website and any other services that maybe supplied by the Graphic Designer from time to time.
‘Stock Media’ means any copyright work or copyright material owned by a third party, including, but not limited to, photos, images, templates, video and audio.
‘Subscription Fee’ means the price for the Services, set by the Graphic Designer for each tier of the Subscription Plan.
‘Subscription Plan’ means the specific tier of Services selected by Client, with the Subscription Plans further described on the Website.
‘Order for Services’ means the outline of our Services for your Project, which Order for Services forms part of these Terms.
‘Project’ means the artistic works and other graphic design material to be created by us that is described in the Order for Services.
‘Trademarks’ means any artistic work, logo or brand name that is capable of identifying the source of goods or services, or any artistic work or brand name that is intended by the Client to be used to identifying the source of goods or services.
‘Turnaround Time(s)’ means the time from the delivery of each Order for Services to the Graphic Designer to the completion of Services and delivery of each Project to the Client.
‘we’, ‘our’ and ‘us’ means Brenton Sewart t/a CTRLCreative (ABN: 28 609 179 815)
‘Website’ means www.ctrlcreative.com.au
‘you’ and ‘your’, depending on the context used, means any Client, the Client’s Authorised Personnel or any other person accessing our Website or using our Services (or both).
1. REGISTRATION AND SELECTION OF SUBSCRIPTION PLAN
1.1. To be a Client you need to register through the registration page on the Website. All businesses that meet our selection criteria may become Clients. Key criteria include:
(a) If you are an individual, Clients must be 18 years or older to register and use the Website; and
(b) Have a valid ABN.
1.2. As a first step potential Clients are required to register their interest to receive our Services. This requires submission of information about yourself via the Website registration form.
1.3. Client information we collect includes, but is not necessarily limited to:
(a) Applicant name with proof of identity such as certificate of incorporation of a company, passport, drivers license, etc.;
(b) Contact details:phone, email, location, postal address;
(c) Banking details(bank account, Payment Gateway Partner integration information); and
(d) Your ABN.
1.4. The Client warrants that all information us you provide is true, correct, up-to-date and accurate personal information and contact details.
1.5. You must promptly notify us and update your Client profile if any of the information provided is wrong or has changed. By providing your contact details, you agree to be contacted by our administrative team.
1.6. On registering with the Website every Client will have the ability to select a user login name and password for the Account. It is imperative that you maintain the confidentiality of your password and login information.
1.7. The Client must promptly notify us and update your profile if any of the information provided is wrong or has changed. By providing your contact details, you agree to be contacted by our administrative team.
1.8. The Client is solely responsible for all use of the user login name and password for the Client’s Account. The user login name and password is registered to a Client and is non-transferable and you must immediately notify us at info@ctrlcreative.com.au of any unauthorised use of your user login name and password.
1.9. The Client is solely responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your user login name and password.
1.10. A Client may change Subscription Plans at any time using the Website and the Customer will pay any additional Subscription Fees or charges from the start of the next billing period.
2. ACCEPTANCE OF DESIGN BRIEF AND ORDER FOR SERVICES
2.1. The Services we provide in respect to Orders for Services, the number of Orders for Services a Client may submit to us each month, and the Turnaround Time to completion of each Project, depends of the Subscription Plan chosen by the Client.
2.2. We may reject any Order for Services if we determine that the Client’s expectations in relation to the Design Brief are not reasonable or feasible, in our sole discretion.
2.3. We may stop work on any Order for Services if we determine that:
2.3.1. the Client has failed to provide us with appropriate instructions, guidance or directions as to the implementation of the Design Brief and the completion of the Project; or
2.3.2. the Client’s instructions, guidance or directions as to the implementation of the Design Brief and the completion of the Project have resulted in an unreasonable number of changes or edits to the Project.
2.4. The Client agrees that:
2.4.1. They will provide all relevant information required for the Graphic Designer to carry out the Services in a timely manner;
2.4.2 . They will supply a complete Design Brief and any research material that the Graphic Designer may require to complete theServices; and
2.4.3. They will nominate a person to be available to respond to queries or requests for additional information that the Graphic Designer may require to carry out the Services and complete any Project.
3. RESPONSIBILITIES AND WARRANTIES
3.1. The Graphic Designer warrants the following:
3.1.1. In providing the Services, they will comply with general law and design industry standards.
3.1.2. The work performed to provide the Services will be done to a high standard in accordance with best design industry practice.
3.1.3. Any contractors, consultants or representatives that may be employed to assist with the Services from time to time will have the relevant required qualifications and will be under the same design industry standard requirements.
3.2. The Client warrants that:
3.2.1. The Design Brief and any Client Material delivered to us is original and does not infringe the copyright or other intellectual property rights of any third party; and
3.2.2. The Client owns the Client Material delivered to us or otherwise has the right to provide us with Client Material for use in creation of the Project.
4. DELIVERY OF SERVICES AND ACCEPTANCE OF PROJECTS
4.1. The Graphic Designer will use all reasonable endeavours to complete each Order for Services and deliver the Projects by the relevant the turnaround time to completion of each Project, depending on the Subscription Plan chosen by the Client. In the event of any delay in delivery, the Graphic Designer will contact the Client to discuss and provide an alternate delivery date.
4.2. The Client acknowledges that any late provision of any materials, information, or responses to work-in-progress versions of a Project delivered to the Client, which the Graphic Designer may have requested or require may result in a delay in the Turnaround Time of an Order for Services, and the Client acknowledges that the Graphic Designer is not responsible for any such delay.
4.3. The Graphic Designer will request final acceptance of a Project, and subject to any revisions requested by the Client, a Project is deemed to be accepted when the Client provides an electronic or other written acceptance of the Project via email.
4.4. The Graphic Designer will deliver electronic files for graphic design and print ready artwork that are necessary to reproduce the Project in the electronic delivery media relevant for the Subscription Plan chosen by the Client.
4.5. The Client is responsible for the secure storage and back-up of all graphic design and print ready artwork that the Graphic Designer delivers to the Client, and the Graphic Designer has no liability or responsibility for the loss, damage or corruption of electronic files following acceptance of delivery of the final version of any Project by the Client.
5. ERRORS AND OMISSIONS
5.1. The Client acknowledges that they are responsible for carrying out the following in a reasonable and timely manner:
5.1.1. Providing the Graphic Designer with Client Material in a form suitable for reproduction or incorporation into the Project in digital form that the Graphic Designer can access and use in creating the Project;
5.1.2. Proofreading and checking any work-in-progress versions or final version of a Project delivered to the Client; and
5.1.3. Providing prompt responses, comments and corrections to work-in-progress versions of a Project delivered by the Graphic Designer to the Client.
5.2. The onus is on the Client to provide the Graphic Designer with a complete Design Brief and Client Material as part of the Order for Services and to proof and check any errors or changes required before final approval of the Project. In addition, as the delivery of theServices and Project are based on the Design Brief and Client Material provided by the Client, the Graphic Designer is not responsible for errors occurring in the Project after approval of the Project by the Client.
5.3. The Graphic Designer cannot control where and how any Project may be adapted, amended, posted, published or otherwise used by the Client and for this reason, the Client agrees the Graphic Designer is not responsible for the use by the Client of any Project after delivery of the Project and approval of the Project by the Client.
5.4. Any Client Material provided by the Client, which forms part of the Project, is the responsibility of the Client and the Client will indemnify the Graphic Designer for any direct or indirect claims including any third party claims in relation to the infringement of intellectual property rights relating to the Client Material or in respect of the use of the Project.
6. PAYMENT AND REFUND POLICY
6.1. All Subscription Fees paid by Buyers set out on the Website are inclusive of GST and other Australian governmental charges.
6.2. We retain the right to change the Subscription Fees at any time, which revised Subscription Fees will take effect on the renewal of the Buyer’s subscription to the Website. We will send an email to the email account listed in your account profile letting you know of our intention to change the Subscription Fees.
6.3. By providing your credit card or debit card details, you authorise us to deduct the Subscription Fees from your credit card or other nominated payment method.
6.4. We do not process any payments on the Website or store credit card information on the Website, in the event payment transactions occur on the Website, we pass credit card information to PayPal or Stripe (third-party payment processors) using secure payment technology and PayPal or Stripe processes the transaction and send us the confirmation of payment: For further information about PayPal or Stripe visit their individual websites.
6.5. When you choose auto-renewal, your subscription is automatically renewed for the following month. You don’t need to do anything to renew. Your registration information is continuously accessible in your account, reminding you of your subscription status.
6.6. We don't offer refunds for renewal payments for Subscription Plans. Seven (7) days before a SubscriptionPlans renews, we will send an email letting you know you are scheduled for a payment. If you do not want your account to renew automatically, you can disable auto-renew.
6.7. We can suspend or terminate your subscription to the Website at any time at our sole discretion for any reason or if you breach any Terms of use of the Website or our Services.
6.8. Clients may terminate their subscription to receive our Services at any time. We automatically issue a full refund of the monthly Subscription Fees when you cancel a subscription to the Website within the first seven (7) days of a Subscription Plan. Otherwise, your Account is set to auto-renew, and we will only refund Subscription Fees when required under the Australian Consumer Law.
6.9. When a Client terminates their subscription to receive our Services, and there are unfinished Projects that we are working on, we may discontinue work on those Projects and retain the work-in-progress material, subject to any agreement between us and the Client as to the payment of our costs for the completion and delivery of such unfinished Projects.
7. CONFIDENTIALITY
7.1. ‘Confidential Information’ means all information of a confidential nature concerning the Client and its products or services, disclosed to the Graphic Designer by the Client and includes any written or oral information that is provided by or disclosed directly or indirectly through any means that is not already in the public domain.
7.2. Materials and work may be provided to the Graphic Designer from time to time in order to enable provision of theServices. The Graphic Designer shall exercise due care not to discloseConfidential Information to any third party without express written permission of the Client and will only use the Confidential Information in order to enable the provision of the Services.
7.3. Despite anything contained in this clause, the Graphic Designer may disclose Confidential Information to the extent required by law or a regulatory authority.
7.4. During the term of this arrangement and after its termination, all information concerning fees, payment arrangements, terms and any other information disclosed by the Graphic Designer, will be treated as Confidential Information by the Client.
8. LIMITATION OF LIABILITY AND INDEMNITY
8.1. You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Services, our Website and any content or any information contained on the Website or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.
8.2. Subject to your rights under the Australian Consumer Law (ACL), the limitation of liability in this clause includes any reliance by you on the information on the Website, access to or inability to use the Website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on the Services. While we endeavour to keep the Website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services provided through the Website for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.
8.3. Certain legislation including the Australian Consumer Law (“ACL”) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified ("StatutoryRights").
8.4. Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
8.5. Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
8.6. For the purposes of Schedule 2 of the ACL, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), our liability is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
8.7. The Client will defend, indemnify and hold the Graphic Designer and our Personnel harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar, including but not limited to any costs, any direct, indirect, incidental loss or damage or Consequential Loss, and all legal fees, which may be brought against us or our Personnel(or both) by any third party in respect of any claimed loss or damage arising from:
(i) your breach or alleged breach of these Terms;
(ii) unauthorised use of the Website or our Services by you or anyone using your user login name and password;
(iii) or from any act or thing done by the Graphic Designer and our Personnel on the Client’s instructions or with the Client’s approval; or
(iv) the infringement of the intellectual property rights of any person in relation to any material provided to us in the Design Brief or Client Material or material that is included by us in the Newly Created IP following the directions or instructions of the Client.
8.8. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
9. OWNERSHIP OF COPYRIGHT MATERIAL AND TRADEMARKS
9.1. The Client retains the ownership of any Client Material delivered to us, provided that we have the right to copy, reproduce, adapt and use the Client Material to the solely to the extent necessary to complete the Project.
9.2. Each Client authorises us to retain archival copies of all Client Material, Design Briefs and any completedProject.
9.3. Subject to the provisions of this section 9, the Graphic Designer assigns the copyright in Newly Created IP in the Project to the Client, provided that:
9.3.1. the Graphic Designer retains all copyright in the Graphic Designer Material; and
9.3.2. the Graphic Designer may retain copies of any Project and copy, publish and communicate to the public the Project for the purpose of marketing and promoting the business of the Graphic Designer, including to reproduce the any Project as part of the Graphic Designer’s portfolio of work, such as in brochures and other presentation or promotional material, and to using the Project on social media and the internet to promote the business of the Graphic Designer.
9.4. The Client will have the sole responsibility for ensuring that Trademarks do not infringe the rights of third parties and the Client will indemnify, save and hold the Graphic Designer, and its Personnel, harmless and against any and all claims, charges, actions, liabilities, investigations, demands and similar, including but not limited to any costs, any direct, indirect, incidental loss or damage or Consequential Loss, and all legal fees, which may be brought against us or our Personnel(or both) by any third party alleging infringe of their registered or unregistered Trademarks or infringement of any other legal rights, or resulting from the Client’s failure to check whether any third party has a claim in respect to the infringement of their intellectual property rights or obtain clearance or permission to use any Trade Marks claims by any third party.
10. LICENSING OF FONTS, IMAGES, GRAPHICS AND LOGOS
10.1. If the Client or the Design Brief specifies specific type fonts are to be used in the Project, or the Graphic Designer recommends the use of specific type fonts are to be used in the Project, it is the responsibility of the Client to licence any copyrighted type font for the reproduction of such copyrighted type font by the Client, or by printers or other reproduction services used by the Client to copy, reproduce, publish or communicate to the public such copyrighted type fonts as part of the Client’s business.
10.2. If the Client or the Design Brief specifies specific any Stock Media are to be used in the Project, or the Graphic Designer recommends the use of Stock Media in the Project, the Graphic Designer will ensure the Client will be granted a license of any such Stock Media for use in relation to the Client’s products or services, provided that:
10.2.1. All such Stock Media is supplied by the Graphic Designer to the Client without warranties of any kind, whether express and implied; and
10.2.2. The Client agrees to pay any additional fees for licensing or use of such Stock Media as may be incurred and invoiced by the Graphic Designer.
11. MODIFICATION OF CONTENT OF WEBSITE AND SERVICES
11.1. We reserve the right at any time and from time to time to remove, delete, alter or amend any Services or the content of the Website. We will not be liable to you or any third party for any modification when it is required.
11.2. We make no representation that the operation of the Website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
12. INTELLECTUAL PROPERTY RIGHTS ON THE WEBSITE
12.1. All custom graphics, icons, logos and service names used on the Website are our registered trademarks, copyright, trade or service marks.
12.2. All other trademarks or service marks that may appear on the Website are the property of their respective owners.
12.3. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or anything you access through our Website.
12.4. You agree and acknowledge that we retain all rights, title and interest in the Website, including but not limited to the intellectual property rights contained or embodied within the Website.
12.5. You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this Website.
12.6. Any unauthorised use of the material appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
13. DISPUTES
13.1. If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time will any communications or discussions be made public; this includes but is not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
13.2 In the event of any dispute about the Services or Projects or any aspect of these Terms, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
14. PRIVACY
14.1. We only collect information required to operate our Website and to provide our Services and we keep this information in secure encrypted servers. This includes business records of Clients for the purpose of administering our business and maintaining business records and financial accounts in the normal way.
14.2. We comply at all times with the Privacy Act 1988 (Cth) which regulates how personal information is collected, stored and used.
14.3. We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.
15. RELATIONSHIP
The relationship under these Terms is that of principal and independent contractor. At no time is the Graphic Designer a partner, agent, employee or joint venture partner of the Client. No act or omission of either party is to bind the other party except as expressly set out in these Terms.
16. FORCE MAJEURE
Neither party to these Terms will be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to, power failure, computer equipment failure, Internet Service Provider failure, epidemic, pandemic, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
17. SEVERANCE
In the event that one or more of the provisions of these Terms is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) will be deemed severed from the remainder of these Terms. The remainder of these Terms will be valid and enforceable.
18. GOVERNING LAW
These Terms are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the courts of Victoria for determining any dispute concerning these Terms.
These Terms were last modified on 29 June 2022 and are effective from that date.