TERMS & CONDITIONS
Our Terms and Conditions are supplied with every quote and must be signed before the order is placed in order for us to start work to ensure all our clients fully understand all responsibilities during a project. Please contact us to discuss any queries or concerns you may have before accepting them.
Envision Creative Solutions - Terms and Conditions of Quotation and Sale
The below terms and conditions of quotation and sale of all products and services offered by ENVISION CREATIVE SOLUTIONS will be applicable as otherwise expressly agreed upon in writing between a duly authorised officer of ENVISION CREATIVE SOLUTIONS and the client.
1. Quotations are valid for a period of 7 days.
2. Payment is required for the provision of design concepts and/or design time.
3. All orders placed with ENVISION CREATIVE SOLUTIONS shall only be accepted subject to these terms and conditions and we may at any time and from time to time alter these terms and conditions and such altered terms and conditions shall apply after notification to the client.
4. If a client cancels or alters any order or part order at any time after ENVISION CREATIVE SOLUTIONS has received the order then ENVISION CREATIVE SOLUTIONS reserves the right to render additional costs to the date of such cancellation or alteration.
5. For all quotations the client shall make payment as:
a. 50% deposit with signed quotation approval.
b. 50 % balance payment with completion of the project/ delivery.
All payments are to be made in full within 7 days of the date of invoice.
6. For quotations under $1000 the client shall make payment within the following terms:
a. Unless otherwise negotiated, 50% payment is to be made within 24 hours of receipt of signed quotation;
b. All payments are to be made in full within 7 days of the date of invoice.
7. Payment shall be made by either direct electronic deposit, cash, cheque, Mastercard or Visa (2.5% surcharge applies for credit card payments).
8. If the client fails to make payment in accordance with clause 4 or 5, ENVISION CREATIVE SOLUTIONS shall be entitled to charge a late payment fee plus default interest at a rate of 10% per annum on all overdue amounts (including charges and amounts other than the price calculated on a day to day basis on any moneys due but unpaid, such interest to be computed from the due date for payment AND the parties agree that such default is not a penalty but a true measure of damages incurred by ENVISION CREATIVE SOLUTIONS). Payments received from the client will be credited first against any default interest and all such charges shall be payable on demand.
9. ENVISION CREATIVE SOLUTIONS shall also be entitled to claim from the client all costs relating to any action taken by ENVISION CREATIVE SOLUTIONS to recover moneys due from the client including any legal costs and disbursements on a solicitor-client basis and cease any further delivery of services or products to the client that have not been delivered.
Copyright and Ownership and Restrictions of Use
10. All ideas, designs, concepts, artwork, compositions, symbols, logos or other trade indicia prepared or developed by ENVISION CREATIVE SOLUTIONS shall be the absolute property of ENVISION CREATIVE SOLUTIONS and the client shall not use or reproduce such material in any media until payment is made by the client to ENVISION CREATIVE SOLUTIONS in accordance with clause 4.
11. The copyright for all purposes in any ideas, designs, Artwork, compositions, symbols, logos and other trade indicia prepared or developed by ENVISION CREATIVE SOLUTIONS ("the copyright work") vests in ENVISION CREATIVE SOLUTIONS.
12. In consideration of payment by the client in accordance with clauses 4 & 5, ENVISION CREATIVE SOLUTIONS as the beneficial owner assigns to the client the copyright work subject to clause 12.
13. Notwithstanding clauses 9 to 11 herein, ENVISION CREATIVE SOLUTIONS shall retain copyright ownership of all draft concepts, Artwork, compositions, symbols and logos ("the draft Artwork") created or prepared for the client pursuant to these terms and conditions but for any reason whatsoever not so utilised by the client and the client acknowledges ENVISION CREATIVE SOLUTIONS' title in the draft Artwork.
14. ENVISION CREATIVE SOLUTIONS may use any Artwork/design for its own promotion and portfolio use and add an industry standard 'designed by' link to the client's website, enhancing client Search Engine Optimisation. ENVISION CREATIVE SOLUTIONS's 'designed by' link will remain for the life of the design except by negotiation.
15. As a user of our website, you agree not to reproduce, retransmit, disseminate, sell, publish, broadcast, or otherwise use any material from this Site without our express prior written consent. This website and its contents are the copyright of Envision Creative Solutions – © 2017. All rights reserved.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Envision Creative Solutions expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.
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 to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content 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. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
16. The price quoted to the client is only for the work agreed on the quotation. Should the client decide that new features are required after work commences, then we will accept these changes with the provision that additional charges may have to be negotiated and accepted by the client before the additional work can be done.
Revisions and Supply of content
17. Unless otherwise negotiated or ENVISION CREATIVE SOLUTIONS's copywriting services are used, the client must supply text for their project in text file format at the start of the project as well as graphics (logos, images, etc.) to be used. Text should be as close as reasonably possible to final format, with accuracy of content, spelling and grammar checked and little or no formatting (includes text from previous websites). ENVISION CREATIVE SOLUTIONS assumes all written content adheres to copyright laws.
18. Images are also expected to be supplied before work begins, unless by prior negotiation or if using ENVISION CREATIVE SOLUTIONS' photography or stock image services. Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator/Photoshop format, or hi-res JPEG files (300 dpi). ENVISION CREATIVE SOLUTIONS assumes that all correct permissions have been sought and/or royalties paid for images used.
Unless otherwise quoted or negotiated, projects include two rounds of changes or author's revisions. Following two revisions per project, an additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.
We support the three most current versions of the major browsers including Internet Explorer, Firefox, Chrome, Safari and Opera. We do not support Internet Explorer below version 9 as part of this contract
We endeavour to ensure that your site adapts to the screen resolution being used to view it on the most common mobile devices available at the time of the site creation. However, new devices and technology are introduced at frequent intervals and we cannot guarantee the site will always function perfectly on new devices that are created and launched after the site goes live.
Project Duration and Client Response Time
19. The client agrees to provide timely responses to ENVISION CREATIVE SOLUTIONS after receiving status notifications, work for review or requests for information. The client shall have 24 hours to respond (and / or interim respond) to each draft/request for information submitted. If the client has failed to respond within specified time, ENVISION CREATIVE SOLUTIONS will deem the assignment complete. At such time, ENVISION CREATIVE SOLUTIONS shall have no further obligation to the client, and the client shall pay ENVISION CREATIVE SOLUTIONS all fees and expenses associated with the work performed.
20. The client agrees to pay any fees for hosting, SEO and or website maintenance contracts via regular automatic direct debit or credit card payments unless otherwise negotiated. A dishonour/late fee may apply if payment is late or insufficient funds are available causing ENVISION CREATIVE SOLUTIONS additional work or bank penalties. Should the client wish to break this contract and take their hosting, SEO and or website maintenance elsewhere, they will be required to pay the full amount for any remaining months left on their original contract before any files will be transferred to their ownership.
21. ENVISION CREATIVE SOLUTIONS shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of ENVISION CREATIVE SOLUTIONS including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
22. The client agrees that these terms and conditions of quotation and sale shall be construed according to the laws of the State or Territory as ENVISION CREATIVE SOLUTIONS may in its sole discretion determine. Proceedings may be instituted in such State or Territory as ENVISION CREATIVE SOLUTIONS may in its sole discretion determine. Failing such determination, the client consents to any proceedings being instituted and heard by any appropriate court sitting in the State of Victoria applying the laws of the State of Victoria.
23. You have a right to cancel your order within a period of 24 hours from placement. In the event of cancellation you will be invoiced for the cost of the work carried out so far based on our hourly rate. If no work was commenced, and no payment has been made, you will not be charged.
24. Any of the terms and conditions in this policy is subject to change without prior notice and we reserve the right to deny or cancel service under occurrence of unforeseen circumstances that may prevent us from delivering the service.
25. You may cancel an order within 24 hours of submission or before the work is commenced in order to receive a full refund, less $20 administration charges. Else the refund amount will depend upon deductions for the work done and / or cost involved in the project.
The refund policy will also not take into effect if:
1. The refund request is due to any reason other than our design/material.
2. If you have approved a final design/theme.
3. The final file /material is delivered within specified time or agreed upon extended time of delivery. Claims for non-delivery must be submitted within 7 days from the order placing date. Otherwise the product will be considered received and downloaded.
We are not responsible for incompatibility of our files with third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions, etc).
Exclusion of Competitors
26. If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Envision Creative Solutions. Envision Creative Solutions expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party.
If you breach this term then Envision Creative Solutions will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. Envision Creative Solutions reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
27. These terms and conditions represent the whole agreement between you and Envision Creative Solutions concerning your use and access to Envision Creative Solutions’ website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Exclusion of Unenforceable Terms
28. Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.