Terms & Conditions
TERMS AND CONDITIONS
AGREEMENT TO BE BOUND BY THESE TERMS & CONDITIONS:
By using Natalie Crowe Designs’ services and signing up as a Client for any job, task or project, you, the Client, agree to be legally bound by these Terms & Conditions.
Please, read these terms carefully. By using the products and/or services of Natalie Crowe Designs you agree to abide by these Terms & Conditions.
These T&C and any additional Terms of Sale (T.O.S.) or contract specific to a project, service, special offer or promotion set out the entire agreement between Natalie Crowe Designs and the Client.
DESCRIPTION & DEFINITIONS
Natalie Crowe Designs:
In these terms and conditions, Natalie Crowe Designs, all services related to it, and all text, images photographs, user interface, “look and feel”, data and other content included in it from time to time (including, without limitation, the selection, coordination and arrangement of such content) are referred to as “Natalie Crowe Designs”, “Natalie Crowe Designs”, www.nataliecrowedesigns.com.au, “NCD”, “us”, “we”, “website” or “service”.
“Client” is defined as representing one business (company or entity) or person (sole trader). Client may also be referred to as “himself/herself” or “his/her” or “their” or “site owner” in this document. Client may also be referred to as the staff member, employee, agent or third party on behalf the Client.
Natalie Crowe Designs provides the client various services including, but not limited to:
- Template Website Design and Development
• Ecommerce Development and Consulting
• Custom Website Design and Development
• Web and Internet Consulting
• Website Maintenance and Security
• Website and Email Hosting Service
• SEO – Search Engine Optimisation Service
• Digital Marketing Service
• Google AdWords / Online Advertising Service
• Social Media Service
• Online PR Service
• Business Mentoring
• Technical Support & Training
• Email Marketing Service
• Digit Products & Online Courses
For each project or job, Natalie Crowe Designs follows a production process that is divided into stages. For each stage, specific deliverables are produced for the client which will be specified in a project brief or a job quote where applicable. A task, job or project will be considered complete where either the Client approves the task, job or project as being completed or where Natalie Crowe Designs determines that the task, job or project is complete according to the project scope or the task / job definition and parameters as set out in a verbal or written agreement.
Natalie Crowe Designs may provide the Client with domain name registration, web and email hosting services, custom website design, website design, digital marketing services and consulting services and so on in accordance with the product and/or service the client has requested.
A project scope defines and sets out what work or service or item or feature is to be included and / or completed for the project in question. The descriptions and definitions and parameters in a project scope are intended to be clear to Natalie Crowe Designs and the Client as well as to any third party to judge and finalise the interpretation of any part of a project scope and the relevant task, job or project.
A quote is an approximation of the hours or fees required to complete or deliver a task, job or project. Any final invoice or fee for the work approved by a Client based on an estimate will usually be close or similar to the estimated figure excluding variations to the project or changes in the scope. However, an estimate is not a fixed price and should not be viewed by a Client as such. An estimate is a guide to the final price only.
Natalie Crowe Designs will sometimes use an estimate during the early stages of project discussions or for ad-hoc works where Client and Natalie Crowe Designs have together approved this billing / engagement model.
Natalie Crowe Designs will usually follow up an estimate by providing a retainer invoice of invoice where the Client has given a general approval for the estimated fee or cost.
Retainer invoices / invoices:
A retainer invoice or invoice is a specific fee or price that we set down for the requested task, job or project. It will include parameters and defined deliverables. A retainer invoice or invoice will not vary as it is fixed. Any variations to the retainer invoice or invoice or requirements requested by the client will be quoted separately with a set fee or price for that job or project or task.
PROPOSALS, ESTIMATES AND QUOTES:
In response to a request for service or a specific product or service request, Natalie Crowe Designs may produce a proposal that will remain valid and open for acceptance by the Client for up to 30 days, unless otherwise agreed by Natalie Crowe Designs, from the date of issue that may include any of the following:
Creative Brief / Proposal
Job / Task Definition
Description and Features
Fees and Charges
Any other specifics or TOS related to the product, service or special offer
Natalie Crowe Designs reserves the right to withdraw a proposal or quote at any time.
By approving any estimate or project contract, verbally or in writing, a Client agrees to be bound by these terms and conditions and to pay to Natalie Crowe Designs the agreed fees set out in the quote or project contract when Natalie Crowe Designs requests payment or as otherwise set out in the quote or the project contract.
INVOICES, SUSPENSION AND TERMINATION
All pricing is given in Australian Dollars.
Natalie Crowe Designs’s invoices are 7 day payable accounts from the date of issue.
Any outstanding invoices for work completed or services provided to the Client by Natalie Crowe Designs requires payment in full due on receipt of the invoice unless otherwise agreed to writing between the parties. On completion of a task, job or project the client is obliged to pay the balance of the invoice in full.
Fees Due in Advance for Service
Some services including, but not limited to, hosting and support fees and search engine opimisation fees are due in advance for the applicable period as noted in the invoice. Such fees and the related invoice must be paid in full prior to the commencement of the applicable service period be that one month, one year.
Quote, Job or Project Completion
Once a Client approves the job or task to “go live” or where Natalie Crowe Designs defines the job or task as being “completed”, an invoice will be issued to the Client with payment on that invoice due immediately unless otherwise agreed to in writing between the parties.
Any warranty work that Natalie Crowe Designs will carry out to fix / correct any bugs or faults in the website or system as reported by the Client or as found by Natalie Crowe Designs that may be covered by warranty or by the scope of the task, job or project will be completed as soon as reasonably possible by Natalie Crowe Designs.
A revision, where allowed and applicable, to the design or function of the website or system that may be included in the scope of the task, job or project will be completed as soon as possible by Natalie Crowe Designs.
Natalie Crowe Designs reserves the right to postpone or delay or refuse warranty fix work or revisions or enhancements to a website or system for the Client if the Client has overdue outstanding invoices for any job, task or project.
Project Contract Payment Milestones
For each project contract, there are payment milestones that will occur at various stages or points during the timeline of project. For each payment milestone, a fee is due as set out per contract which will be invoiced at the time of the payment milestone being reached with payment by the Client on that invoice due immediately unless otherwise agreed to in writing between the parties.
If the client defaults on their payment or otherwise fails to pay their account with Natalie Crowe Designs as per the terms under this agreement, Natalie Crowe Designs reserves the right to suspend services and to apply administrative fees of $160.00 per hour inclusive of GST, plus any other costs that may have been incurred, to reactivate the services.
Hosting fees, SEO (Search Engine Optimisation) fees, Digital Marketing service fees and all service fees charged, unless otherwise specified, are non-refundable for the term / service / product paid for by the Client.
If the client chooses to discontinue the services supplied by Natalie Crowe Designs and the Client has paid all monies owed to Natalie Crowe Designs, Natalie Crowe Designs reserves the right to decline delivery of further consultation or services based on conduct of the client.
At, Natalie Crowe Designs sole discretion, Natalie Crowe Designs may choose offer to render assistance to the client to transfer their Domain Name to another provider/agent. Charges apply on hourly rate of $160 +GST/hr for any work required to be completed to assist Client to facilitate any sort of move to an external service.
Natalie Crowe Designs may opt to discontinue services if an amount payable to Natalie Crowe Designs is overdue or to take down a website permanently in any case where an amount payable is overdue by more than 7 days. In any such event, the client remains liable for the total cost of the contract including all disbursements; unless otherwise agreed in writing between Natalie Crowe Designs and the client.
Natalie Crowe Designs may terminate any agreement immediately if the client breaches any of these Terms & Conditions, or if he/she is a company going into insolvent liquidation, or if the client is a person he/she is declared bankrupt.
Ownership of the product remains with Natalie Crowe Designs until payment in full is made to Natalie Crowe Designs by the client.
Natalie Crowe Designs reserves the right to discontinue services or terminate the Client & relevant services if at any point the Client breaches terms and conditions outlined in this document. This is inclusive of situations whereby the Client becomes confrontational. Should this occur,
Natalie Crowe Designs will provides the Client notice in writing of said termination via email or SMS based on the communication method.
Natalie Crowe Designs is the copyright owner of all works created or developed by Natalie Crowe Designs for a client unless otherwise agreed to in writing. When payment for the product or service is made in full by the client for the product or service, the client is licensed to use the product or service for its intended use within the context of their business and the product itself. However, the client is restricted from selling the product or promoting the product as their own unless otherwise agreed in writing with Natalie Crowe Designs.
Natalie Crowe Designs claims no intellectual property rights to works created by any third party designers or developers that may be used from time to time, such rights remain with the relevant third party.
GENERAL ACCESS & SYSTEM MONITORING
As a provision of service Natalie Crowe Designs exhibits the right to access the cpanel, it’s relevant modules and any the files and contents stored on hosting environments. This non-negotiable access is our standard provision with all hosted accounts. Natalie Crowe Designs does not require explicit instruction or permissions to do this. This permission extends where developer deems necessary. Access to the cPanel and relevant components required to complete various hosting management tasks, monitoring your accounts and ensuring your system is running efficiently and within it’s resources. In addition to our standard access and system monitoring. You may additionally specifically instructed us verbally or in writing to act on your behalf to access specific elements ie your mail, upload files to your account or complete various tasks, fees and charges do apply.
As a creator of copyright material, Natalie Crowe Designs has the following rights:
To be attributed when its work is used;
Not to have its work falsely attributed to someone else, nor to have the altered work attributed as if it were unaltered; and not to have the work treated in a manner that would prejudice Natalie Crowe Designs’s honour or reputation.
INTERNATIONAL LICENSING REQUIREMENTS
Natalie Crowe Designs may display its own copyright and intellectual property notices on any websites that Natalie Crowe Designs develops and the client (or any third parties related to or engaged by the client) must not remove, obscure, deface or alter such copyright and intellectual property notices except by agreement in writing with Natalie Crowe Designs.
The client agrees that in the provision of web design services by Natalie Crowe Designs we may utilise the services of third party contractors, and that we may pass on to such contractors any information or materials, including design brief and data, provided to us by you.
In the event any material necessary for the production of the project must be passed on to a third party, Natalie Crowe Designs will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.
Natalie Crowe Designs may accept to maintain and secure a website that is not hosted by Natalie Crowe Designs’s third party. In that case, the client will refer to Natalie Crowe Designs fees and charges for the requested services.
AGREEMENT NON EXCLUSIVITY
The client acknowledges that Natalie Crowe Designs is providing services to the client on a non-exclusive basis and that Natalie Crowe Designs may provide services and products of the same or a similar nature to any other party (provided that in doing so it does not breach privacy).
Natalie Crowe Designs shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any items unless specifically agreed otherwise. Further, Natalie Crowe Designs shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.
Natalie Crowe Designs retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio. Where applicable the client will be given any necessary credit for usage of the project elements.
COURSES & DIGITAL PRODUCTS:
Natalie Crowe Designs acknowledges based on the nature of the delivery of content, refunds are not available under any circumstance for any digital products or courses purchased. Client must ensure they are 100% happy with their decision before confirming payment. Change of mind, choice of non-usage or otherwise will not be considered a valid reasons. All digital products or course purchases are final and as terms and conditions of purchasing any product or service from this website client agrees explicitly to this condition of purchase.
Natalie Crowe Designs also reserves the right to terminate access to any digital product provided, if we suspect a client is conducting behaviours which will negatively impact our provision of service. This includes:
- Deceptive conduct,
- Provision of access to external parties; including other development professionals, to Natalie Crowe Designs hosting, websites or any other rendered services without written permission.
- Duplicating or any sort of replication of systems developed by Natalie Crowe Designs, including making a copy of the website without notifying Natalie Crowe Designs 72 hours ahead of the event, and receiving acknowledgement. Further, Natalie Crowe Designs must be given the ability to remove licensed services, development tools that are explicitly registered for Natalie Crowe Designs usage before any duplication occurs. Any attempts do successful or not, are deemed a breach of services and constitute immediate termination of services. Acknowledging that client is liable for theft of licensing in such circumstances which will be reported to the provider to the services.
- Jeopardising website security including disabling any Natalie Crowe Designs implemented security plugins without permission.
- Distributing protected content,
- Plagiarizing or infringements on copyright.
- Account sharing – providing access to your account through use of credentials or inadequately logging out of accounts on completion of usage
- or anything other behaviour deemed malicious or not in Natalie Crowe Designs’ best interest.
Should a client be terminated due to misconduct, client acknowledges and agrees as a condition of contract that they will not be entitled to any sort of refund or reimbursement of any kind and must immediately cease using any content or resources provided.
These Terms & Conditions are subject to change without notice.