2. PROCESSES AND PRICING
(i) The Client agrees to provide written acceptance before any work is commenced, or where OOZE permits in writing work can commence with email acceptance. Written acceptance must be in the form of a signed OOZE formatted quote or invoice with relevance to these Conditions.
(ii) The placement of an order for design and/or any other services offered by OOZE and validated by either the Client’s signature on the estimate or quotation form, or Client email or Client verbal acceptance (in the case of work with urgent timelines) constitute acceptance of the estimate or quotation and agreement to fully comply with all the Terms and Conditions.
(iii) If OOZE feels that any item requested by the Client does not fit within the initial brief, the Client may be charged additional fees. The item will either be quoted separately or charged as an extra, at full hourly rates.
(iv) In the event that any material necessary for the production of the project needs to be shipped to a third party (for example, for additional processing, typesetting, photographic work, colour separation, press work, or binding), OOZE will incur no liability for losses incurred in transit or due to the delay of a third party.
(v) OOZE shall not incur a liability or penalty for delays in the completion of the work due to action or negligence of the Client, unusual transportation delays, unforseen illness or external forces beyond the control of OOZE. If such event(s) occur, it shall entitle OOZE to extend the completiondelivery date by the time equivalent to the period of such delay. OOZE may from time to time and without notice or liability to you suspend any of the services if the reason for doing so is an event beyond the reasonable control of OOZE.
(vi) OOZE reserves the right to suspend services in any case where the Client fails to perform its obligations under this agreement.
(vii) All advertising of pricing is subject to change at any time without notice.
OOZE may at any time alter or suspend credit terms, refuse any delivery or cancel unfilled orders when, in its opinion, the financial condition of the Customer or the status of the Customer's account requires it.
5. TERMS OF PAYMENT
6. ARTWORK SPECIFICATIONS
(i) When accepting artwork proofs, the Client is held fully responsible for accepting all content. This includes design, spelling, grammar and quality. It is the Client’s responsibility to request another copy if the proof is difficult to read or if changes are required. The Client’s final accepted proof is what will be printed. There will be no edits of material, online or offline, at OOZE’s expense.
(ii) It is the Client’s responsibility to ensure that any design that is submitted does not violate Australian law. OOZE will assume the artwork or content the Client submits is legally the Client’s property and the Client indemnifies OOZE accordingly.
(iii) Your artwork, photographs, images, websites and data will not be archived or stored unless specifically agreed in writing by OOZE prior to the work commencing. OOZE holds no responsibility for archiving artwork, photographs, images, websites and data and has no obligation to replace or provide any of these items after they have been completed and supplied for their single specific purpose as outlined in the approved estimate agreement.
7. WEBSITE DESIGN, MAINTENANCE AND SUPPORT
8. WEB HOSTING
9. LIMITATION OF LIABILITY
(i) Nothing in these Conditions shall be read or applied so as to exclude, restrict or modify any condition, guarantee, warranty, right or remedy implied by law (including the Competition and Consumer Act 2010) where to do so would contravene the law or cause any part of these Conditions to be void.
(ii) All conditions, guarantees and warranties as to: (a) the quality, condition, fitness or purpose or correspondence with description or sample of the services; and (b) the services being rendered with due care and skill; which, may otherwise be implied by stature, common law or custom of the trade are expressly excluded, except where such exclusion would contravene the law or cause any part of these Conditions to be void.
(iii) Subject to clause (i), OOZE excludes all liability for any loss or damage suffered by the Customer (whether direct, indirect or consequential) in connection with any defect or deficiency of whatsoever nature in the goods, or the manufacture, supply, acquisition, use or consumption of the goods, or any negligent act or omission of OOZE, its officers, employees, contractors or agents.
(iv) Where OOZE is liable for a breach of a condition or warranty implied by the Competition and Consumer Act 2010, OOZE's liability is limited to the replacement of the goods or the supply of equivalent goods.
(v) OOZE will have no liability to the Customer in relation to any loss, damage or expense caused by OOZE’s failure to complete the order or to deliver the goods as a result of, in part or all, by reason of Acts of God, or the consequences thereof including, but not limited to fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of OOZE’s normal suppliers to supply goods or any other matter beyond OOZE’s control.
Any mistake on any quotation, order, invoice, deliver docket or other document issued by OOZE in relation to the contract issued by OOZE in relation to the contract shall not be binding on OOZE and OOZE may in its discretion issue such amended document as is required to rectify such mistake. The Customer shall comply with OOZE’s amended document.
11. LAW / INTERPRETATION
These Conditions are governed by the laws of the State of Victoria. Both the Customer and OOZE consent to any proceedings in relation to these Conditions being instituted and heard by any appropriate Court sitting in the State of Victoria and submit to the non-exclusive jurisdiction of the Courts of that State and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Conditions.
13. ENTIRE AGREEMENT
14. INTELLECTUAL PROPERTY
(i) OOZE is the owner of all intellectual property including copyright in all artistic and literary works (including but not limited to logos, images, designs, photographs and website code – the “Works”) created by OOZE or its agents.
(ii) The Works have been created for the Client for a specific purpose. OOZE licences the Client to use the Works for the Client’s specific purpose only. The Works may not be used for any other purpose unless authorisation is given in writing from OOZE. OOZE does not authorise the perpetual use of the Works, nor any reproduction, selling or hire of the Works or any items or materials used in the Works supplied by third parties.
(iii) OOZE retains the right to use the Works in any of its own marketing collateral.
(iv) Logos developed and produced will remain the intellectual property of OOZE until the logo is finalised and full payment for its creation has been received. On receipt of payment in full for the logo design, full intellectual property rights will be assigned to the Client. OOZE reserves the right to use the logo in any of its marketing material and items.