ALL GOODS AND SERVICES SUPPLIED ARE SUBJECT TO THE COMPANY’S TERMS AND CONDITIONS OF SALE. PLEASE AVOID LATE FEES AND/OR SUSPENSION OF SERVICES BY PAYING BY OR BEFORE THE DUE DATE.
COMPANY TERMS & CONDITIONS STATE THAT FINAL WORKS ARE NOT RELEASED AND FUTURE WORKS NOT COMMENCED UNTIL RECEIPT OF PAYMENT.
ALL GOODS REMAIN THE PROPERTY OF ZEUMIC PTY LTD UNTIL PAID IN FULL.
Changes to the Conditions of Sale can occur often. It is the Client’s responsibility to read the Terms and Conditions before agreeing to orders and payments and scheduled payments.
The Client is engaging Zeumic Pty Ltd (herein also refered to as company or the company), as an independent contractor for the purpose of carrying out specified work. Designing/building/executing a Project (hereinafter referred to as “Project”) to be published on the Client’s account on a Zeumic Pty Ltd registered Internet Service (IS)/Web Presence Provider (WPP) computer, hereinafter refer to as “Hosting Service”. The Client hereby authorises Zeumic Pty Ltd to access this account, and authorises the Hosting Service to provide Zeumic Pty Ltd, with “full access” to the Client’s account, and any other programs needed for this Project that are included as part of the Client’s service agreement/level. The Client also authorises Zeumic Pty Ltd to submit the completed Project to major Web Search Engines, own portfolio, awards agencies and other groups for similar internet purposes.
It is the Client’s responsibility to ensure that lines of communication (such as phone and email) regarding the order and/or works are handled only by those whom the Client allows. We will continue with a Client’s order as instructed by whomsoever we have been in contact with in the Client’s organisation/business. The Client will be liable for any changes and fees that occur as a result of communication between us and persons from your organisation. We are not responsible if the Client did not authorise or was not aware of such communications that have come from reasonable sources.
For Third Party services, we will likely use one of our own Zeumic email addresses.
This Project will be developed using various open source and commercial software products and proofed via our Quality Assurance procedures.
4. Browser Compatibility
Designing and Building a website to fully work in multiple browsers and browser versions can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Zeumic Pty Ltd represents and warrants that the website we design for you will work in:
- Google Chrome (latest version of release at the date of quote)
While Zeumic Pty Ltd will make reasonable efforts to design a fully functional website, Zeumic Pty Ltd’s warrantee does not cover AOL, text-based browsers or requested special effects or design that we have advise you against.
5. Accessibility for People with Disabilities
Zeumic Pty Ltd’s standard is to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.
6. Assignment of Project
Zeumic Pty Ltd reserves the right, and you hereby agree, to assign subcontractors to this Project to insure that the terms and conditions are met as well as on-time completion.
7. Copyrights and Trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Zeumic Pty Ltd for inclusion in the Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Zeumic Pty Ltd and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
8. Completion Date
Zeumic Pty Ltd and the Client must work together to complete the Project in a timely manner. We agree to work expeditiously to complete the Project. If the Client does not supply Zeumic Pty Ltd with complete text and graphics content for this Project within 30 days of the effective date of acceptance, the entire deposit amount of the shall be retained by Zeumic Pty Ltd as liquidated damages and the contract shall become null and void, at Zeumic Pty Ltd’s option, unless the Project is cancelled in writing by the Client prior to 30 days of the effective date of the terms and conditions.
9. Project Delivery
The final Project will be published to the Client’s hosting service (required to be hosted with Zeumic’s hosting service) upon receipt of final payment. The Client understands that Zeumic Pty Ltd’s hosting services require a separate contract. The Client agrees to utilize Zeumic Pty Ltd’s hosting and domain service with all new and outstanding domains names and hosting requirements where internet orientated work is carried out by Zeumic Pty Ltd. The Client allows Zeumic Pty Ltd full access to the Client’s account via CPanel and FTP. The Client will be solely responsible for any and all hosting service charges.
All Maintenance Orders are under a contractual obligation for the term specified in the relevant Maintenance Package. After the contracted term is completed, maintenance will automatically be charged and completed on a monthly basis until a request for cancellation.
The Client understands that Zeumic Pty Ltd does not guarantee that any completed design project will remain free from problems and/or errors indefinitely, and that Zeumic Pty Ltd strongly advises that a website maintenance package is purchased with every website design package to ensure the Client’s purchased website remains up-to-date and error-free.
Maintenance is subscription based with a sign up for a term length specified on the order which defaults to monthly thereafter. Maintenance is scheduled to be charged on the first of every month with the exception of End of Financial Year (EOFY) where the schedule may occur at the end of the month of June.
The cancellation of Maintenance Order within the contractual period shall result in full payment for the products and/or services already offered/completed by Zeumic Pty. Ltd. including the cost of discounts previously provided with respect to the contract.
A notice period of +1 month to the subscription for cancellation. This constitutes an additional month paid and worked on from the date of cancellation request.
Cancellation in writing is required to end any subscription.
In some cases, Zeumic Pty Ltd will accelerate output for the Client by performing important tasks early, even if the current month’s order is already full. These tasks will be temporarily stored in the current month’s order and then moved to the next month’s when it is available. The presence of an item in a given month’s order does not guarantee that it will remain there, and items may be pushed to later months’ orders.
10.4 Work Delivery (Delay)
Maintenance by its nature is lowest priority and discounted. The discount and recurring work advantage to the client is best seen over the course of a year where the amount of work and discount are pronounced. Delivery of all work items within the maintenance order is aimed for asap should there be no high priority work ahead of it, otherwise work delivery can be delayed and significantly delayed for more complicated orders. Delays of work delivery are normal and expected for maintenance as this is the trade off of the discount.
10.5 Order Detail
Maintenance orders are worked on over time, with the aim of completing in 2 months. As a result; the details of the order may not be accurate nor be up to date. Should the maintenance order be required in its final version, then the client should submit a request of this. Some orders may be in Work In Progress (WIP) in which case finalisation may not be possible until the order and work completed.
10.6 Advance Payment (Retainer)
If the client begins an advance payment for the continuity of work then this is also a retainer. It is the responsibility of the client to make sure the advance payment (Retainer) is paid. Should the advance payment (retainer) not be paid or not kept up to date then all work owed can be stopped and not completed even if the advance payment (retainer) recommences.
Prepaid items that have the words PrePaid attributed to their product or service indicates a contractual obligation for that prepaid product or service. Such a prepaid product or service remains available for the stipulated time period and at the agreed price, if no time period has been provided it is 1 calendar year from the date of purchase. A prepaid product or service is contractual to its specifications.
Prepaid items are a retainer.
12. Electronic Commerce Laws
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Project or any other services contemplated herein, and will hold harmless, protect, and defend Zeumic Pty Ltd and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
13. Project Copyright
Zeumic Pty Ltd will own copyright to the finished web design site or multimedia works produced by Zeumic Pty Ltd. The Client will be assigned rights to use the Project as a website, once final payment under these terms and conditions and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Zeumic Pty Ltd and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios. All Projects will contain a copyright/legal statement with a link to Zeumic Pty Ltd’s Web Site.
14. Internet Ads
Ads orders are subscription based and will be charged monthly until cancelled. Ads orders are scheduled to be charged on the 25th of every month, although it may take 1-2 days for payment to be processed.
The cancellation of an Ads Order within the contractual period will result in payment in full for the products and/or services already offered/completed by Zeumic Pty Ltd. Cancellation in writing are required to end the subscription.
14.3 Account Ownership
Zeumic Pty Ltd owns internet ads accounts developed for advertising websites on search engines on behalf of clients. Zeumic Pty Ltd owns the copyright for all intellectual property, which includes but is not limited to accounts and campaigns. Internet ads accounts are developed utilising Zeumic Pty Ltd’s intellectual property. Zeumic Pty Ltd’s intellectual property for internet ads has been developed over many years through the application of many years of learning and experience, university, qualifications, industry tests, meetings and/or discussions with Google and complementary businesses, Google seminars in locations across Australia, across many clients, through trial and error, and by rigorous testing. Clients do not acquire any licence, ownership or other rights to ads accounts, campaigns or other related material. The content of these accounts remains Zeumic Pty Ltd’s intellectual property and, as such, access to these would be in breach of Zeumic Pty Ltd’s proprietary rights.
14.4 Advertising Pricing
As market pricing increases on advertising networks, product offering pricing may increase. Subscribed ads packages are subject to change without notice.
15. Social Networks
Zeumic Pty Ltd owns social network accounts developed on behalf of clients. Zeumic Pty Ltd owns the copyright for all intellectual property, which includes but is not limited to accounts and pages. Social networking accounts are developed utilising Zeumic Pty Ltd’s intellectual property. Zeumic Pty Ltd’s intellectual property for social networks has been developed over many years through the application of many years of learning and experience, university, qualifications, industry tests, meetings and/or discussions. Clients do not acquire any licence, ownership or other rights to social networking accounts, pages or other related material unless explicitly stated. The content of these accounts remains Zeumic Pty Ltd’s intellectual property and, as such, access to these would be in breach of Zeumic Pty Ltd’s proprietary rights.
16. Design Disclaimer
In the process of creating your logo (or other such organisation branding), we research existing designs for inspiration and to get an idea of the look and feel of your particular area of service/product/business/etc. We combine this with the information and preferences that you provide us to try to develop a logo design that communicates the personality and nature of your business. As is the case with any creative industry, there is the possibility that something that we design may look similar to another design that exists somewhere in the world. We cannot guarantee that similarities between your logo and an existing logo will not occur.
17. Complexity of Project
Zeumic Pty Ltd will endeavour to complete your project under the time-frame and items quoted in the order. However, as is with the nature with any development work undertaken, unforeseen complexities may arise during the development of your project which may delay or require further work to be completed.
Payments must be made promptly based on the terms of this Project or Multimedia works. Zeumic Pty Ltd reserves the right to remove any Project or services from viewing/operation until final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process. These terms and conditions are effective upon commencement of work. Regardless of the location business, the Client agrees that for purposes of venue, these terms and conditions were entered into in Melbourne, Victoria, Australia, and any dispute will be litigated or arbitrated in Melbourne, Victoria, Australia, and the Client hereby consents to the personal jurisdiction of the Victorian State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. All payments will be made in AU Dollars.
18.1 Card Auto Payment Terms and Conditions
By agreeing to the Card Auto Payment Terms and Conditions, you agree to the following:
- New Card (Credit, Debit or likewise) registrations are subject to a preauth.
- Upon provision of a credit card account, you authorise us to automatically debit your nominated credit card for all charges on issuance of a valid invoice. To minimise service disruption due to credit card expirations, our billing systems will automatically attempt to update the expiry date of your credit card when necessary to process payments, however we do not guarantee this will be successful. We remind you that it is your responsibility to ensure your credit card details are kept up to date at all time
- We will charge your card at the time of incremental completion of approved work or shortly thereafter or subject to the payment terms.
- The billed amount will be exact to that of the incremental portion of the related order(s)/invoice(s).
- If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
- Zeumic Pty Ltd will not disclose your details to any other parties.
- Should you provide another card by any communications it will be held in conjuction with this same agreement.
- You have read all of the Terms and Conditions and related documents.
- Some orders may involve services performed by third parties. We will complete the payment on your behalf before we continue with the order. Even if we are not charging you for our work on your order, you are still required to provide payment for the third party services. If this is required, it will be stipulated in the notes section of your order.
- Without prejudice to our other rights and remedies under this agreement, if any Services fees are not paid on or before their due date, we reserve the right, immediately and at our sole discretion, to suspend the provision of Services to you until such payment is made (including any interest charged on overdue amounts, calculated at the daily rate of 12% per annum).
18.2 Payment Schedule
Payment for services provided hereby shall be made in accordance with the conditions contained in this document.
For orders with total of the order less than two hundred Australians Dollars ($200 AUD), full payment will be taken upfront.
Maintenance orders, advertising management orders and prepaid support orders are to be charged 100% upfront.
Otherwise, payments shall hereby be split into 2 incremental portions. The Client agrees to pay to Zeumic Pty Ltd an initial, non-refundable deposit of 50% of the total of the order upon execution of acceptance and agrees that the remaining 50% portion will be received at approximately 50% completion of the order, within an appropriate range of the 50% completion. Any agreed upon variation to this payment schedule will be stated in the order notes. All amounts must be in AU Dollars.
18.3 Third Party Payments
Some orders may involve services performed by third parties. We will complete the payment on your behalf before we continue with the order. Even if we are not charging you for our work on your order, you are still required to provide payment for the third party services. If this is required, it will be stipulated in the notes section of your order.
18.4 Advanced Payment and Prepayment
Payments made in advance are non-refundable.
Coincedentals and requested changes of orders fall under variation.
The client may request for changes in orders during or prior to performance of services or delivery of goods.
After a requested change of order, the existing order will be updated with the price of the additional goods and/or services. Prices are listed via the Zeumic website, it is the clients own responsibility to review pricing of goods and services before requesting a change in an order.
19.3 Agreement and Confirmation
If the client has initially confirmed an order, any requested changes following this confirmation will be amended to the order without the need for reconfirmation.
19.4 Review / Checks of Work
Some work items are flagged for review/check from the client over email or the like. Items for example are logo or newsletter.
Should the client not provide an approval or feedback in a timely manner, maximum 5 business days, then the check will be accepted as approved.
20. Legal Notice
Notwithstanding anything to the contrary contained in this contract, neither Zeumic Pty Ltd nor any of its employees or agents, warrant that the functions contained in the Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Project is with the Client. In no event will Zeumic Pty Ltd be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, Third Party Software/Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Project and multimedia ,failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor’s computer or internet software, even if Zeumic Pty Ltd has been advised of the possibility of such damages.
21. These Terms and Conditions
These terms and conditions constitute the sole agreement between Zeumic Pty Ltd and the Client regarding this Project.
Acceptance can be verbal, written or otherwise. Additionally payment clearance is also taken as client acceptance should it not be immediately disputed.
Should the client be missing orders/invoices for any reason it is pointed out that they are available online via the company’s website. It is the client’s responsibility to make sure they have orders/invoices they need and the clients responsibility to retrieve orders/invoices.
22. Alternate Web Infrastructure(s) and Zeumic
Please see: Alternate Web Infrastructure(s) and Zeumic
23. Rescinding of Services
Should, for any reason, rescinding of services be enacted either stated or implied by either the client or Zeumic Pty Ltd then Zeumic Pty Ltd is under no obligation to perform any further work.
24. Warranty and Returns
24.1 Shipping Costs and Liability
We operate on the basis of “sender pays”. ie You pay to send the faulty item in and we pay to send the repaired or replaced item back to you. (It’s the same principle as buying from a bricks and mortar shop. You still need to get it back to the shop somehow.)
24.2 Advanced Replacement
Unfortunately we can’t offer advanced replacement. All products must be received and inspected prior to a replacement being sent out. Some manufacturers do offer advanced replacement on their business class products but this is by arrangement directly with them. Please contact the manufacturer to find out if this is an option with your product should you require it.
24.3 Non-Warranty Damage
Damage caused by surge, water, heat or misuse is not covered under manufacturer warranty and will in many cases either be rejected or attract a fee for repair or replacement. Products with visible marks or suspected non-warranty damage will need to be assessed & repaired or replaced by the manufacturer and cannot be replaced from our stock. If you have a product that might fall into this category please let us know and we’ll arrange for you to send it directly back to the manufacturer to avoid any unnecessary delays.
24.4 Return Procedures
We will gladly refund or exchange any product that arrives faulty, doesn’t perform as advertised or doesn’t match the description given at the time of purchase within 7 days of the date of sale. Beyond 7 days is repair or replacement under the terms of the manufacturer’s warranty. We generally will not approve a refund on a product that is not faulty but has been opened and/or has signs of being used. However, if you have a special case that falls outside these guidelines please let us know and we’ll see what we can do.
25. Client Conduct
Zeumic Pty Ltd does not tolerate rude, threatening, or abusive behavior. Zeumic Pty Ltd at its discretion is entitled to cease some or all correspondence /communications and dealings with a Client it deems to be unbecoming.
25.1 Fees due to termination of service.
Fees may be charged of $299 per /hour and if we deem necessary.
25.2 Anti-Defamatory Clause
You may not post, communicate or circulate any defamatory, abusive, malicious, threatening or misleading material that may cause a negative impact on and/or damage the reputation of Zeumic Pty Ltd.
26. Liability and Insurance
Zeumic Pty Ltd is not liable for any damages or interruptions to services caused by any product, or failure of any product to perform, including but not limited to any lost profits, lost savings, loss of use, loss of data, or any other special, incidental, indirect, or consequential damage of any kind, whether or not advised of the possibility of such damage, and regardless of the theory of liability pursuant to which such damages may be sought. It is the client’s own responsibility to organise their own insurance.
26.1 Third Party Development
Third party work voids any licenses provided by Zeumic Pty Ltd and removes any liability for previous work completed by Zeumic Pty Ltd.
27. Administrative Overhead
Late/non-payment management creates extra administrative work as orders/subscriptions need to be paused/cancelled and payment need to be reprocessed or re initiated. As such, to cover the cost of this management, time will be deducted from open prepaid support orders. If no prepaid support orders exist, a new order will be generated and you will be charged the standard rate for one hour of prepaid support. See Prepaid Support.
29. Phone Calls
Calls may be recorded for training and quality purposes.
30. Bookings / Appointments Cancellation
Cancellation is only accepted 5 business days prior to the appointment date. If cancellation occurs within the 5 business days prior to appointment a $99 booking cancellation fee applies. If cancellation occurs within 2 days or a ‘no show’ occurs on the day of meeting then full charges as a priority order for all time and expenses incurred. Reasonable care by the client in cancellation is minimum (1) a phone call to let know AND/OR (2) text message. Should cancellation occur any other way without (1) call it is assumed not sufficient unless Zeumic Pty Ltd acknowledges and accepts your alternate cancellation communication method. For example the following are unacceptable cancellation avenues unless fully acknowledged and accepted: Facebook message, Twitter message, website message, email message, calendar message.
31. Predictability and Continuity (Security)
This section relates to clients on a larger than entry level payment plan or multiple plans across a few projects. When on a larger payment plan it is usual that more work is required. For the client more work is usually in the form of attracting more clients or implementing facets for efficiency/effectiveness. For the Zeumic Pty Ltd perspective it is about costs attributable for example the employing of staff, the provision and utilisation of Zeumic Pty Ltd services, systems, inventions and intellectual property. So for these two perspectives it brings about the central requirement of a Retainer for predictability and continuity for work / and fulfillment of work.
On a large scale a cancellation has a large effect for both parties, the concept here is ‘do no harm’, ensure stability, a long term business relationship, uninterrupted flow of service whilst in the event a cancelation applies an ease out allows for planning ahead for both.
The Retainer is a security for the continuity of service. It is a payment of 1 month additional to the current month’s order. It will only be used in the event of cancellation, whereby, the retainer fund will be the source to sustain work and lead out for 1 month after cancellation and last consumed payment. If determined applicable, then the Retainer is a requirement with a lead out capability.
Should the client not pay and not cancel, then, unless there is an Advance Payment all work will pause for a maximum period of 1 month. If after 1 month no return to payments and no cancellation provided then cancellation may be initiated by the company and begin consumption of the retainer to lead out.
Depending on the size of an order, a client may be required to supply more than 1 month Retainer, for example 2 months or 3 months and so on depending on the scale and circumstances. The company will apply / inform should a larger Retainer be required.
A Retainer is not refundable as it is the predictable portion for the lead out purpose.
In the unlikely event the client does not want to have any further work completed then the client is waiving their right to the work, in this case the Retainer becomes a Severance Package.
31.2 Advance Payment
An Advance Payment is paid after a Retainer. The Advance Payment provides the capability for continuity when a payment is not received. Advance Payments are paid on increments of 1 month. An example of its use is;
When a client, for whatever reason, does not pay for the next month, the Advance Payment is then consumed in order to keep works continuing, should payment not be received after the Advance Payment is consumed 31.1 Retainer terms then apply.
An Advance Payment is not refundable as it is an added level of predictability for both parties, the client and the company.
In the unlikely event the client does not want to have any further work completed then the client is waiving their right to the work, in this case the Advance Payment becomes an addition to the Severance Package.