Terms & Conditions
1. Quote Method
Damian Hurst will provide you with a written quote for work based on your requirements and information that you provide. Work includes, but is not limited to, consultation with you or third parties in relation to the design project; research and planning; provision of information; copywriting; design and graphics; quoting for redesign/additional work at your request; domain names registration and hosting. Any additional work requested by you outside the details listed in the quote, will incur charges. In the event any of the above work is requested without request for a written quote, Damian Hurst will charge $50.00/hour plus tax for all works.
2. Billing Method
On some occasions Damian Hurst will reserve the right to request a percentage of the total quote on acceptance. Payments to third parties are due immediately on completion of job, and the balance of payment is due within 28 days of the date of final invoice.
3. Cancellation
All cancellations must be received in writing and you will be liable for cost of all work completed. Where domain registration hosting, and printing has been organised, these costs will be passed on as your responsibility.
4. Late Fees
Damian Hurst reserves the right to charge late fees on outstanding amounts exceeding the agreed upon trading terms. This fee will be based on 10% of the outstanding amount/s plus Goods and Services Tax (GST), charged each thirty (30) days (or part there of thirty (30) days) until the debt is recovered or handed over for collection by an agency. All debt collection fees will be the responsibility of the client. Where the agency has handed over client invoices for collection, the client is responsible to pay the following: All late fees as invoices by the agency and all collection fees incurred to recover the debt Including: The commission of the collection agency and legal fees or any incidental expense incurred by the collection agency in recovery of the debt.
5. Copyright
You are legally responsible to ensure that any content (images, text, graphics, music) provided by you does not infringe any copyright and you agree to indemnify Damian Hurst from any action taken in respect of breach of copyright associated with your project. Where Damian Hurst purchases material (images, text, graphics, music), under license for use in your project, you can not reproduce these in any other form, without appropriate permission.
6. Project Delivery
You agree to indemnify Damian Hurst from any losses associated with project delays based on your changes or delays by third party suppliers. While Damian Hurst shall make every reasonable effort to adhere to delivery schedules, it should not be explicitly or implied as a guarantee of delivery on the scheduled dates.
7. Website Maintenance
Damian Hurst can provide maintenance of your website according to an agreed number of hours per (financial) annum. Hours not used in any one year can not be carried over to the next. Requests shall be made via email and shall be actioned as soon as practical. Damian Hurst shall not be responsible for any changes, and consequent issues arising from changes made by other parties, to whom you have given ftp access. Damian Hurst shall not accept any responsibility for loss or damage resulting from hacking or illegal activity on the site.
8. Intellectual Copyright
Damian Hurst retains intellectual copyright of all material not supplied by the client, until final payment is received.
9. Legislative Compliance
You are responsible to ensure that the website and its content comply with current State and Federal Legislation. Damian Hurst does not accept responsibility for any failure to comply with laws and regulations related to activities and processes in conducting your business or trade. You agree to indemnify Damian Hurst against any claims, costs and expenses that may arise from any such material included at your request.
10. Privacy Statement
Personal information gathered from you is for the purposes of contact with you and the completion of agreed work. Damian Hurst shall not be provided to any third parties.