Interpretation
– “Buyer” shall mean the party and/or its agents, servants and employees requesting products from, or services to be provided by SMARTink.
– “Seller” shall mean SMARTink and its agents/assigns.
– “Good and Services” shall mean any goods or services supplied by the Seller to the Buyer and including, but not limited to, business writing, copywriting, website development, graphic design, marketing services and management, and any activities associated with such.
1. Acceptance
1. The buyer acknowledges having received and read a copy of the Seller’s Terms and Conditions of Trade current as at the date hereof and the Buyer’s actions in requesting Good & Services from the Seller shall be deemed as acceptance by the Buyer to be bound by these terms and conditions and to the Seller’s rates of fees and charges payable.
The buyer hereby indemnifies, and agrees to keep indemnified, the Seller against any and all claims, liability, actions, proceedings, accounts, suits, demands and costs which may arise from the Buyer’s or the Seller’s actions now or in the future.
The Buyer accepts that all goods and services supplied by the Seller are subject to the laws of Australia and the Seller takes no responsibility for any changes to such laws and the effect these changes may have on the Goods and Services.
2. Variation of Terms
2.1. The Seller may vary these Terms and Conditions at any time. The most current version of the terms and conditions can be found at www.smartink.com.au
3. Engagement of the Seller
3.1. The Buyer shall issue instructions in writing to request the Seller perform services on its behalf.
3.2. By engaging the Seller to provide a product or service, the Buyer agrees to indemnify the Seller and its directors, officers, employees and agents from and against all losses, claims, damages and liabilities which arise out of the engagement.
3.3. The Seller reserves the right to refer to the Buyer’s engagement of the Seller, the project or service undertaken, and to include the Buyer’s name, image and/or logo, in future promotions.
3.4. All work additional to the specifics agreed in the purchase proposal will be deemed to be outside the project scope and will not be covered by the purchase price.
3.5. Project fees, quotes and costings: Where a project cost has been calculated and supplied to the Buyer, this becomes the agreed upon fee to be paid to the Supplier, as per any agreed upon payment schedules. Where an hourly, weekly, monthly, quarterly or yearly rate is supplied to the Buyer, then this becomes the minimum fee charged. No further breakdowns or pro-rata calculations are to be made. e.g. if a charge per week has been quoted, then this becomes the minimum fee to be charged.
3.6. Any work conducted by the Seller for the Buyer that is charged on a monthly, quarterly, or yearly basis, involving a recurring payment (with an average value of less than AUD5000 per month), can be terminated by the Buyer at any time upon giving four weeks’ notice to the Seller. If the regular invoice date falls within the four week notice period, then the full invoice will be issued, in line with the terms of clause 3.5 listed above. Where the average value per month is AUD5000 or greater, then 3 months’ notice is required.
4. Intellectual Property Rights
4.1. The copyright for any brochures, websites and other content we create for you, upon payment of our invoices, will be transferred to you, and will be owned by you.
4.2 The contents of the SMARTink website are protected by copyright and are owned by SMARTink.
4.3 You must not copy, modify, publish, transmit, store, or distribute the any of the content of the SMARTink website, or create any other material using material from the SMARTink website without prior written approval from SMARTink except to the extent permitted by relevant copyright legislation in the state or territory.
4.3 The images, material and processes contained on the SMARTink website may be the subject of other intellectual property rights owned by SMARTink or by third parties. Your use of our website must not in any way infringe the intellectual property rights of any person.
5. External websites
5.1. The SMARTink website may contain links to third-party websites. SMARTink makes no warranties or claims, and accepts no liability in relation to any material contained on third-party websites. Links to third-party websites should not be construed as an endorsement or recommendation of the content on that website.
6. Security
6.1. The Seller accepts no responsibility or liability for interference with transmissions over the internet or by email or any consequent loss or liability caused to you.
7. General
7.1. SMARTink is not responsible for any claims made or views and opinions expressed in articles posted on the SmartINK website, nor does it necessarily agree with or espouse those claims, views, and opinions.
7.2. This contract shall be governed by the laws of the State of Queensland, Australia and the parties submit all disputes arising between them to the courts in the State of Queensland, Australia and any court competent to hear appeals from those courts of first instance.
7.3. These Terms are the entire agreement between the parties regarding the use of the SMARTink website and the purchase of any products or services, and supersedes all previous negotiations, commitments and agreements about the website and any products or services.
7.4. No failure by the Seller to enforce any right under these terms and conditions is a waiver of that right, and no waiver or any breach of these terms and conditions is a waiver of any other or subsequent breach.
7.5. You acknowledge that no representations, either in words, or by conduct, in connection with or in the course of negotiations leading to the purchase of Products have been made by the Seller other than the representations expressly contained in these terms and conditions.
7.6. If any provision of these terms and conditions is held to be unenforceable, or invalid, for any reason, then that provision is deemed to be modified to the extent required to remedy the unenforceability or invalidity, or if it is not possible to remedy the unenforceability or invalidity, that provision is to be severed from these terms and conditions, and these terms and conditions will otherwise remain in full force.
Contact Us
For further information about our terms and conditions, please contact us using the details below:
The Managing Director, SMARTink Pty Ltd
info@smartink.com.au
+61 7 3878 1448
Effective: 17 August, 2015
