Web design, graphic design, consultation, advice, marketing services, information and all products and services provided by Quadtech are subject to our Terms and Conditions of Trade regardless of whether they are paid or free.
1. The Client agrees to be bound by the terms and conditions of trade, which shall constitute part of the contract.
2. The Client acknowledges that because Quadtech is a progressive business, these terms and conditions will change from time to time. A current copy of these terms and conditions can always be found on the website and by request to Quadtech.
3.1 The Client acknowledges that the Specification including all email correspondence and phone dialog forms part of the contract and that the Specification is for once only provision of the job described in the quote.
3.2 The Client acknowledges that the Quote forms part of the contract and that the Quote is for once only provision of the job described in the Quote.
3.3 The Client acknowledges that the quote is only valid from 30 days from the date of issue. After this time the quote is subject to review.
3.4 The Client acknowledges that the Payment Details form part of the contract and that the Payment Details is for once only provision of the job described in the quote.
4.1 The Client agrees to keep all correspondence between Client and Quadtech confidential except where expressly permitted in writing.
4.2 Quadtech agrees to keep all correspondence between Client and Quadtech confidential except where required through partners, subcontractors and other parties involved with Quadtech.
5.1 The Client agrees to pay Quadtech according to the Payment Schedule before any work is undertaken and acknowledges that all related deposits are non-refundable.
5.2 The Client agrees to pay Quadtech the remainder of the purchase price immediately upon receipt of the dated invoice upon contract completion.
5.3 If the payment of the purchase price is not made upon project completion of the project the Client shall pay Quadtech interest at a rate of 2.5% per month (calculated daily) for up to 30 days.
5.4 If the payment of the purchase price is not made before 30 days the Client shall pay Quadtech interest at a rate of 10% per month (calculated daily) from the start of day 31 until the payment is made.
5.5 At 90 days the overdue account will be handed to a debt collector. Appropriate action may be taken against the Client’s credit rating. Debt collection fees will be attributed to the Client.
5.6 If the payment of the purchase price is not made according to these terms the Client’s software, website(s), hosting and/or product(s) may be deactivated.
5.7 All payments are non refundable unless expressly covered under a guarantee or service agreement.
5.8 All prices are in Australian Dollars and are subject to Goods and Services Tax (GST) of 10%.
6.4.1 The Client agrees that they are as committed to their project as we are. To reflect this Quadtech requires all images to be received within 5 working days of project signoff. If these images are not received the Client authorises Quadtech to purchase images on behalf of the Client to ensure the project is completed on time. The Client shall be responsible for expenses for the purchase of additional materials for their project.
6.4.2 All content is to be received at least 5 days prior to the project ‘go-live’ date. Additional content may be added by the Client after this if a Content Management System (CMS) is included in the project. Clients not utilizing a CMS will be required to pay a data entry fee if they wish Quadtech to enter content on their behalf once the project has gone live.
6.4.3 Unless otherwise stated specifically in the quote and proposal, a maximum of 50 web pages and 100 products will be included in the website as part of the quoted solution. Additional pages will attract a further charge.
6.4.4 Unless otherwise specified all browser compatibility will be implemented for the latest versions of the major browsers Google Chrome, Internet Explorer, Mozilla Firefox, Safari and Android only.
6.5.1 All design proofs including website designs must be approved or amended within 5 working days to avoid major project delays.
6.5.2 The Client agrees that they are as committed to their project as we are. To reflect this Quadtech requires all images to be received within 5 working days of project signoff. If these images are not received the Client authorises Quadtech to purchase images on behalf of the Client to ensure the project is completed on time. The Client shall be responsible for expenses for the purchase of additional materials for their project.
7.1 The Client acknowledges where it wished to dispute an invoice then it shall, within seven (7) days from the date of invoice provide to Quadtech in writing details which part of the invoice is in dispute. If Quadtech does not receive written notice within 7 days from the date of invoice the Client shall be deemed to have accepted the invoice, and will pay the total.
8.1 The Client agrees to sign a project completion form at the completion of the project.
8.2 If the Client refuses to sign the Project Completion form yet Quadtech has completed the project to specifications the Client acknowledges that they may forfeit their right to additional services from Quadtech, for example support and maintenance.
9.1 As is standard for all creative industries, the creator retains copyright off all ideas and work produced during the lifetime of this project. This copyright then entitles the creator to any subsequent royalties generated through this work. This copyright however may be sold to the client or superseded by an agreement such as detailed in this and the License section of this contract.
9.2 The Client acknowledges Quadtech remains the sole owner of the artwork, software, source code and all industrial and intellectual property rights associated with the artwork, software and source code including trade secrets and copyright.
9.3 Subject to the Payment clause if the Client has fully complied with this contract Quadtech grants the Client a nontransferable license to use work in accordance with the license described in below and according to the standard National Copyright laws already in existence.
9.4 The Client acknowledges that wherever open source software is used in their project they are purchasing the installation, configuration and in some cases, maintenance services and not the software license as this would constitute illegal practice.
10.1 Only use the work for the specified purpose the Client outlined as its intended use and stated business.
10.2 The work is protected by Copyright and the Client is not authorized to reproduce or use the work except as permitted by the Title and Use Clause.
10.3 The Client acknowledges that it only has a license to use the work upon full payment of the amount agreed upon. The work and related documentation and materials are licensed, not sold, to the Client for the use only as outlined in the quote and the terms of this license and the artist/creator reserves all rights not expressly granted to the Client.
10.4 The Client shall not copy, alter, modify, trace or amend the work without Quadtech prior written consent.
11.1 The Client may not transfer, modify, adapt, translate, rent, lease, loan, sell, network or create derivative works based upon the works or any part thereof unless outlined in a separate contract.
12.1 This license is effective until terminated. The license will terminate automatically and without notice from Quadtech if the Client fails to comply with any of the conditions outlined in this contract.
13.1 The Client acknowledges that is it wholly the responsibility of the Client to ensure the suitability of the work before commencement.
13.2 The Client acknowledges that is it wholly the responsibility of the Client to ensure the suitability or availability of trademarks, copyright or registration of any creative works created by Quadtech.
13.3 The Client acknowledges that is it wholly the responsibility of the Client to ensure work is suitable for use before implementation and that Quadtech will not be held liable for any or all damages or costs caused by the artwork, text, software or code. Argonyx Studio will not be held liable for any loss or damage arising from the service rendered or product provided, whether direct, indirect, special, incidental or consequential.
13.4 The Client acknowledges that is it wholly the responsibility of the Client to ensure that Quadtech can legally use all materials provided by the Client. Materials include, but are not limited to, logos, designs, images, text and code. The Client agrees that it is the responsibility of the Client and not Quadtech should any infringements occur.
13.5 The Client acknowledges that is it wholly the responsibility of the Client to seek and obtain independent advice as to whether any ‘works’ created by Quadtech are suitable for protection provided by the Trade Marks Act or is available without infringement of copyright, trade marks or any other form of registration.
14.1 The Client agrees to pay Quadtech all fees and charges relating to requests by the Client for Authors Corrections, alterations and amendments to the goods, data, software, source code or materials supplied that were not included in the original brief.
15.1 Although Quadtech takes all care in providing accurate and correct advice, recommendations and information, the Client acknowledges that is it wholly the responsibility of the Client to seek and obtain independent advice as to whether any recommendations made or advice given by Quadtech are suitable to be followed.
15.2 The Client agrees that if they choose to follow any Quadtech advice, recommendations or information they do so at their own risk and Quadtech will not be held liable in any way for any resulting loss, damage or suffering experienced by the Client as a result of following such recommendations or advice.
15.3 The Client agrees that any changes in the company or services of recommended or advised companies impacting upon the Client and/or products and projects will not be the responsibility of Quadtech and any necessary amendments, changes or upgrades to any project/product will be at the expense of the Client.
15.4 The Client agrees that information supporting or recommending Quadtech will be accompanied by additional independent research by the Client.
15.5 The Client agrees that Clients, Partners and Associates of Quadtech will not be held liable for any information provided in support of or that influence the decision of choosing Quadtech. This applies to items including but not limited to testimonials, case studies, marketing messages, and website information.
16.1 The Client agrees that upon the use of the work in any book, magazine or any other form of publication or display, the name of the artist can and will be displayed as a credit on any or all works.
16.2 The Client agrees that it shall give due credit and acknowledgement for the work created and co-operate with Quadtech in any promotional related activities Quadtech may undertake to promote the work or Quadtech.
16.3 The Client agrees to allow Quadtech place links within their product/s to the Quadtech Website and data centers.
16.4 The Client agrees that Quadtech may use the Client’s name(s), User’s name(s), corporate image and profile for the purposes of promotion and all related activities.
17.1 The Client agrees that it shall have no right or title to data produced and stored by Quadtech on disks or any other electronic media for use by the Client or other parties authorized by the Client to obtain that data (e.g. computer files created during the production process).
17.2 Quadtech shall have the exclusive right to refuse access to this material or may charge the Client for its use unless by prior agreement.
17.3 Disks and tapes supplied by the Client and other authorized persons remain the Client’s property.
18.1 The Client shall be responsible for reimbursing Quadtech for all expenses arising from the production of the project.
19.1 All work carried out, whether experimentally or otherwise will be charged to the Client.
20.1 Proofs of all work may be submitted for the Client’s approval and Quadtech shall incur no liability for any errors not corrected by the Client in proofs so submitted. The Client’s alterations and additional proofs necessitated by these alterations shall be charged to the Client as Authors Corrections.
20.2 All time taken from the time a proof is submitted till the time of acceptance of the proof, the Client agrees to extend the due date by the same amount of time. Therefore any delays caused by the Client or Quadtech will result in an extension of the due date by the time of delay.
20.3 Any and all delays caused by the Client will result in an extension of the due date by the time of delay.
20.4 While every effort is made to ensure there are no spelling or grammatical errors in the final product, the Client shall be responsible for ensuring there are no spelling or grammatical errors in the final product.
21.1 Any services or materials requested by the Client after confirmation of approval by the Client, including changes or additions, will be billed in addition to the original amounts estimated. They will be shown on each and every account as Authors Corrections. Such Authors Corrections shall include but not be limited to resetting, copy alterations, graphic redrawing and/or repositioning of elements.
21.2 No additional charges will apply to additional work required to meet the agreed specification requirements.
22.1 Any updates requested by the Client after confirmation of approval by the Client, including changes or additions, will be billed in addition to the original amounts estimated. They will be shown on each and every account as Updates. Such Updates shall include but not be limited to program or database adjustments or alterations, additional modules or components, resetting, copy alterations, graphic redrawing and/or repositioning of elements.
23.1 The Client agrees that Quadtech takes no responsibility for errors, issues or other problems associated with products that are not hosted with Quadtech or Quadtech chosen affiliate.
23.2 Unless otherwise stated explicitly, where hosting includes support this support is a maximum of 30 minutes each month that does not roll over and is by email only. The Client Acknowledges that phone support is paid separately unless covered under a separate support arrangement.
23.3 Support is defined as technical assistance for the Client and not performing the work for the Client where it is possible for the Client to complete the work themselves.
24.1 The cost of consultation may be adequately compensated for. Quadtech can charge an hourly rate and propose a consultation fee comparable to time away from productive work e.g. client meetings, travel or research.
25.1 Quadtech retains ownership of all original artwork, ideas and materials, whether conceptual, preliminary or final unless purchased under a separate contract to this and paid for under a separate quote and invoice to this contract and will be purchased at a separate and specific price.
26.1 Quadtech retains ownership of all original software (including source code), ideas and materials, whether conceptual, preliminary or final unless purchased under a separate contract to this and paid for under a separate quote and invoice to this contract and will be purchased at a separate and specific price.
27.1 If a job does not go ahead at any stage Quadtech will charge for services rendered to that date. This includes but is not limited to client meetings, preliminary discussion time and concept development meetings. If no written notice of cancellation is given before the completion of the finished product then the Client agrees to pay the full amount.
27.2 Once an order has been received, cancellation must be made in writing and Quadtech will charge for the extent of work carried out until the written cancellation is officially received by Quadtech allowing reasonable time for cancellation to travel via post.
27.3 The charges can be based on both an hourly rate or a specific fee depending on the type and extent of the work carried out and the time and expenses incurred on that project up to the approved cancellation date.
28.1 The license agreement only allows for usage within Australia and for the stated purpose for which it was intended at time of granting of the Limited License.
28.2 Unless by prior agreement: in the form of Overseas User License Agreement, signed by both parties. Overseas License Agreement allows the use of licensed works in countries outside Australia. The Overseas License Agreement will list all applicable countries within which the works may be used and will state the intended purpose of the artwork.
28.3 The Client acknowledges that a separate fee to cover overseas use will be applicable. The quoted price for standard User License Agreement does not cover overseas usage. Quadtech shall have the exclusive right to refuse access to this material for use outside Australia or may charge the Client for its use unless by prior agreement.
28.4 If the client wishes to make any additional use of the materials apart from that outlined in these terms and conditions, the client agrees to seek permission from Quadtech and make such payments as negotiated by parties at that time.
29.1 Unless dealt with in a separate agreement, the term of the user license will be for fifty (50) years from the year in which the works were created or of granting the usage rights of work as outlined in the quote. After these fifty years have passed the User License granted to the Client will be nullified and all usage rights will revert to the artist/creator or the artist’s/creator’s estate or court appointed representatives.
29.2 If further usage rights are required beyond those fifty years, the Client acknowledges that a separate fee to cover further use will be applicable.
30.1 The artwork or code will never be sold, lent or used, on or in, any “clip art” situations. That is, it will not be used or form part of any image “library” that is used or accessible by the public or customers, either by renting, buying or free access.
31.1 Quadtech agrees to provide the Client with complete artwork or complete software according to the specifications given by the Client if the Client complies completely with all other conditions of the contract.
32.1 Quadtech cannot be held liable for any total amount beyond that of the agreed project price.
33.1 If one part of this agreement becomes invalid or not applicable for any reason whatsoever, it shall have no impact upon the other parts of the agreement or agreements which the Client has with Quadtech whatsoever including but not limited to validity.