(a) Welcome to www.ashlincdigital.com (the ‘Website’). The Website Copywriting and content marketing (the ‘Services’).
(b) The Website is operated by Ashlinc Digital(ABN 47 477 500 177). Access to and use of the Website, or any of its associated Products or Services, is provided by Ashlinc Digital. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) Ashlinc Digital reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Ashlinc Digital updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Ashlinc Digital in the user interface.
(a) In order to access the Services, you must first register for an account through the Website (the ‘Account’).
(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Telephone number
(c) You warrant that any information you give to Ashlinc Digital in the course of completing the registration process will always be accurate, correct and up to date.
(d) Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms.
(e) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with Ashlinc Digital; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
(a) As a Member, you agree to comply with the following:
(i) you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Ashlinc Digital of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(iv) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Ashlinc Digital providing the Services;
(v) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Ashlinc Digital;
(vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Ashlinc Digital for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
(a) Where the option is given to you, you may make payment for the Services (the ‘ Services Fee’) by way of:
(b) All payments made in the course of your use of the Services are made using ……. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the …… terms and conditions which are available on their website.
(c) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
(d) You agree and acknowledge that Ashlinc Digital can vary the Services Fee at any time.
Ashlinc Digital will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Ashlinc Digital makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).
(a) The Website, the Services and all of the related products of Ashlinc Digital are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Ashlinc Digital or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Ashlinc Digital, who grants to you a worldwide, non-exclusive, royalty free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(iii) print pages from the Website for your own personal and non-commercial Ashlinc Digital does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Ashlinc Digital. use.
(c) Ashlinc Digital retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: to you.
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
(d) You may not, without the prior written permission of Ashlinc Digital and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law: (i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Ashlinc Digital will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or
condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Ashlinc Digital make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Ashlinc Digital) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of Ashlinc Digital; and
(iv) the Services or operation in respect to links which are provided for your convenience.
(a) Ashlinc Digital’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence),
in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that Ashlinc Digital, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(a) The Terms will continue to apply until terminated by either you or by Ashlinc Digital as set out below.
(b) If you want to terminate the Terms, you may do so by: Your notice should be sent, in writing, to Ashlinc Digital via the ‘Contact Us’ link on our homepage.
(i) providing Ashlinc Digital with 14 days’ notice of your intention to terminate; and
(ii) closing your accounts for all of the services which you use, where Ashlinc Digital has made this option available to you.
(c) Ashlinc Digital may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Ashlinc Digital is required to do so by law;
(iii) the provision of the Services to you by Ashlinc Digital is, in the opinion of Ashlinc Digital, no longer commercially viable.
(d) Subject to local applicable laws, Ashlinc Digital reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Ashlinc Digital’s name or reputation or violates the rights of those of another party.
(a) You agree to indemnify Ashlinc Digital, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(iii) any breach of the Terms.
(a) Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(c) Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(i) Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the …… or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Brisbane, Australia.
(d) Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation: If 1 month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
(a) The Services offered by Ashlinc Digital is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
(a) The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
|These Project Terms and Conditions are part of the contract you enter into when you engage ASHLINC DIGITAL. Please read them through carefully, and get in touch if you have any questions – email@example.com. |
These Terms and Conditions apply to all work provided by: ASHLINC DIGITAL Trading as: Ashlinc Digital ABN: 47 477 500 177
DEFINITIONS “You” is the client, its employees and agents. “We”, “Us” and “Our” is ASHLINC DIGITAL, its employees and agents.
QUOTES AND PROPOSALS
All quotes and proposals are valid for 30 days from submission date. All quotes include: Two rounds of revisions at no extra charge.One round of professional proofreading at no extra charge. Additional fees, at an hourly rate of $120, will be charged for any additional revisions or proofreading outside of the proposal scope. You have maximum of 14 days from submission of the first draft to respond with revisions. Additional fees, at an hourly rate of $140, will be charged for any additional revisions or proofreading supplied after the 14-day revision period.
This quote does not include (unless specifically stated): Liaison with other agents such as graphic designers or web developers. Meetings outside of the initial creative brief. Travel time for onsite meetings.
A non-refundable payment of 50% of the total amount quoted is required on approval of quote before work can begin.
Where the amount is less than $1000, the full amount is required on approval of quote before work can begin.Where there is a monthly retainer, the full monthly amount is required 1 week prior to that calendar month commencing.
The initial payment invoice must be paid before any project work can begin.
The final invoice will be issued no less than 2 days after we send the first full draft to you or when final sign-off is given (whichever occurs first). Payment terms are 7 days from the date on your invoice.
We reserve the right to charge you interest on overdue accounts at a rate of 10% for the first 21 days overdue and 20% thereafter. If we engage a third-party organisation to recover your debt, you are responsible for paying the additional costs involved, including any legal expenses.You can pay via bank transfer (preferred) or Credit Card.
If your project is urgent and requires a first-draft turnaround of less than 5 working days, a rush loading of 25% will apply. Any costs additional to the Services ordered (including couriers, other media and travel costs) are in addition to the amount quoted, and will be charged to you as required. These costs will be itemised separately in the invoice. We are liable by law for GST, and you must pay us the GST amount.
CHANGES IN SCOPE
Any modifications to the original project brief during the course of execution will render the provided quotation invalid. Additional fees/charges may be applied to cover the time and expenses required to complete any new work. The new quote will need to be approved, and the revised initial payment paid, before work can restart.
We endeavour to deliver all work by the agreed deadline. However, circumstances beyond our control – including major illness or family emergencies – may prevent us from getting work to you on time. We will inform you within two business days if there are any timeframe issues. Unless otherwise agreed, you will provide information and revisions to us within seven days.If we are unable to complete work because we have not received information from you, we will continue the project at our next opportunity. This may affect your overall timeline.
You are asked to nominate one primary contact for all revisions and contact throughout the project.If you do not communicate with us for 30 days, the project will be deemed closed and any final amount owing will be billed.
If we have signed a separate Confidentiality Agreement or Non-Disclosure Agreement with you, that agreement takes precedence.
We will not disclose any information that you indicate is confidential.You agree not to disclose any information about our pricing structure or project documents.We reserve the right to use your projects for our own promotional use unless we have signed a Non-Disclosure Agreement precluding this.
We may approach you for a testimonial after the project is completed to your satisfaction, although provision of the testimonial is not obligatory.
We reserve the right to refer to this project and ASHLINC DIGITAL, and to use your logo and content for promotional or educational purposes.
You may terminate the project at any time via email. If you terminate the project, we will invoice for the total stage in progress at the minimum estimated fee. We may terminate the project at any time via email.If we terminate the job, we will invoice for the total stage in progress at the minimum estimated fee.
We are not responsible for any delivery delay if the delay or failure to supply is caused by matters beyond reasonable control including, without limitation:Acts of GodPower failure. Equipment failure
You gain full copyright and intellectual property rights for any work delivered by us when you complete the final payment.Until final payment is received, we retain the intellectual property rights for all work delivered.
CLAIMS AND LIABILITIES
We endeavour to ensure that our work doesn’t infringe on any copyright or other right of a third party. We are not liable in any way for any direct, indirect, incidental, special or consequential losses or damages resulting from use of services including but not limited to: loss of data and other intangibles; costs or damages resulting from or related to any services purchased or obtained, or resulting from unauthorised access to, or alteration of your transmissions or data. You agree to indemnify and to hold us harmless against any and all claims, costs, and expenses, including solicitors’ fees, due to materials included in any work undertaken at your request.
All materials provided by you are assumed to be legal and accurate.You are responsible for checking the factual accuracy of the content for this project. We work hard to ensure our work is free from errors, but we don’t offer an error-free guarantee. You are responsible for final approval. We take no responsibility for the material and how it is used once you have approved the final draft. If you wish to make a claim about incorrect performance or breach of these Terms and Conditions, you must send it in writing to us within two months of delivery.
Any imposed liability shall be limited to resupply of information or services.
These Terms and Conditions constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions. These Terms and Conditions shall be governed by Australian law, and the parties hereby agree to submit themselves to the exclusive jurisdiction of Australian Courts.