Acknowledgment
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: Australia
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Aurum Design Studio, Newport, QLD, Australia.
- Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
- Service refers to the Website
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included, or made available by the Service.
- Website refers to The Site, accessible from aurumdesignstudio.com.au
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Interpretation: The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Termination
- Payment Policy: All design projects must be paid for in full before any work will be initiated, unless stated otherwise.
- Lead Times: Lead times for design projects vary depending on the scope of work and complexity. These times are also influenced by factors such as the number of revisions and client response times.
- Revisions Policy: The number of revisions included vary, depending on the chosen package. Additional revisions may be requested and will incur an additional fee per revision.
- Cancellation Policy: In the event of project cancellation after commencement, any non-refundable deposits will be retained. Additional fees may apply based on the project's progress.
- Client Responsibilities: Clients are responsible for providing timely feedback, necessary information, and content to ensure project timelines are met. Delays in client responses may affect project deadlines.
- Final Approval: Upon completion of the design project, the client is entitled to one final approval. Subsequent changes after final approval may incur additional charges.
- Usage Rights: Upon full payment, clients will receive usage rights for the finalised designs for the agreed-upon purposes outlined in the proposal. Any additional usage must be discussed and agreed upon, and may involve extra fees.
- Payment Schedule: For projects extending beyond 4 weeks, a progressive payment schedule may be implemented, with milestone payments due at specified stages of the project.
- Communication: All communication regarding the design project, including feedback and inquiries, should be directed through the designated channels as outlined in the proposal.
- Ownership: The final design files, upon full payment, will be transferred to the client. Until full payment is received, the designer retains ownership of the work.
- Refund Policy: Refunds are generally not provided once the design project has commenced. In exceptional cases, discussed on an individual basis, a partial refund may be considered.
Design Policies
Interpretation and Definitions
Last updated: 14 May 2024
Please read these terms and conditions carefully before using Our Service.
- Payment Policy: All design projects must be paid for in full before any work will be initiated, unless stated otherwise.
- Lead Times: Lead times for design projects vary depending on the scope of work and complexity. These times are also influenced by factors such as the number of revisions and client response times.
- Revisions Policy: The number of revisions included vary, depending on the chosen package. Additional revisions may be requested and will incur an additional fee per revision.
- Cancellation Policy: In the event of project cancellation after commencement, any non-refundable deposits will be retained. Additional fees may apply based on the project's progress.
- Client Responsibilities: Clients are responsible for providing timely feedback, necessary information, and content to ensure project timelines are met. Delays in client responses may affect project deadlines.
- Final Approval: Upon completion of the design project, the client is entitled to one final approval. Subsequent changes after final approval may incur additional charges.
- Usage Rights: Upon full payment, clients will receive usage rights for the finalised designs for the agreed-upon purposes outlined in the proposal. Any additional usage must be discussed and agreed upon, and may involve extra fees.
- Payment Schedule: For projects extending beyond 4 weeks, a progressive payment schedule may be implemented, with milestone payments due at specified stages of the project.
- Communication: All communication regarding the design project, including feedback and inquiries, should be directed through the designated channels as outlined in the proposal.
- Ownership: The final design files, upon full payment, will be transferred to the client. Until full payment is received, the designer retains ownership of the work.
- Refund Policy: Refunds are generally not provided once the design project has commenced. In exceptional cases, discussed on an individual basis, a partial refund may be considered.
Design Policies
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
"AS IS" and "AS AVAILABLE" Disclaimer
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software, and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
Limitation of Liability
Upon termination, Your right to use the Service will cease immediately.
Termination
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Links to Other Websites
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Acknowledgment
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: Australia
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Aurum Design Studio, Newport, QLD, Australia.
- Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
- Service refers to the Website
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included, or made available by the Service.
- Website refers to The Site, accessible from aurumdesignstudio.com.au
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Interpretation: The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Interpretation and Definitions
Last updated: 14 May 2024
Please read these terms and conditions carefully before using Our Service.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 AUD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software, and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
Limitation of Liability
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
"AS IS" and "AS AVAILABLE" Disclaimer
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Governing Law
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Disputes Resolution
If You are a consumer located in the European Union (EU) or any other jurisdiction, You may benefit from any mandatory provisions of the law applicable in Your country of residence.
For International Users
You represent and warrant that (i) You are not located in a jurisdiction that is subject to any government embargo or sanction, including those imposed by the United States government, and (ii) You are not listed on any government list of prohibited or restricted parties.
Compliance with Applicable Laws
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Severability
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Waiver
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute
Translation Interpretation
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Changes to These Terms and Conditions
- By email: info@aurumdesignstudio.com.au
Contact Us
Governing Law
Disputes Resolution
Severability
Compliance with Applicable Laws
For International Users
Waiver
Translation Interpretation
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Changes to These Terms and Conditions
- By email: info@aurumdesignstudio.com.au
Contact Us
