Loading...

DIGITAL STRATEGY

See things from different perspectives

TERMS AND CONDITONS

Standard terms of trading

These Terms of Trading apply to all work done by rathmayr newmedia and are to be read in conjunction with any estimates or proposals provided. They override any other terms and conditions and can only be changed by mutual agreement in writing.

Acceptance

By engaging our services you agree to be bound by these terms of trading. Engaging our services means accepting estimates or proposals to the extent that we perform agreed work for you. We cannot commence work until any estimates we provide have been signed and returned.

Right to refuse project

All estimates are provided to you without any obligation on our part. If, for any reason, we do not believe that we can carry out a project, we can (in writing) refuse the project at any time up to the date upon which you write to accept our estimate and for 7 days after that date. If you have made any payment to us prior to the date upon which we refuse the project, we will refund the payment to you in full less any reasonable administrative costs.

Right to re-cost estimates

Estimates are based on all stages of a project being accepted by you exactly as specified in the estimate. Any estimate we provide remains valid for 30 days from the date of the estimate. If (for any reason) you do not accept any of the stages, we reserve the right to re-cost the project and you will be bound by the new estimate. If you request changes or additional work (to that specified on the approved estimate), the project may need to be re-costed and a new estimate will be provided. The proposed delivery date will also be re-scheduled to a suitable time agreed by both parties. If the project is cancelled or postponed prior to completion, you will be billed for the services and materials incurred up to that point. You are also responsible for increases in materials and third party services (eg. printers and bureaus) where the increases are beyond our reasonable control. 10% GST is additional to our estimates unless otherwise stated.

Our ideas - Confidentiality

Any ideas or materials we disclose to you remain our property unless you purchase them. You must not use these ideas or materials without our permission (this includes showing or telling the ideas to another agency or supplier).

Intellectual property we create

We own the intellectual property of any work we produce for you, including preliminary proposals, scripts, ideas, roughs and/or artwork created in the course of developing your project. When you have paid for a project in full, you will have an exclusive license to use any work we produce for you for the purposes outlined in the estimate, provided you are not in breach of these Terms of Trading. You may not modify the work or use it for any purpose other than the purpose for which it is originally created without our prior written permission. If you want to own the intellectual property immediately, you should tell us and we will prepare estimates accordingly.

Use of third party intellectual property

We are not liable for infringement or unauthorised use of any intellectual property provided by you for use in the product/services supplied by rathmayr newmedia. You further agree by placing an order with us to indemnify us against all claims, proceedings, demands, costs and liabilities arising in connection with any breach of the warranties contained in this clause. If any dispute or claim is made in respect of any infringement or unauthorised use of intellectual property we may terminate the arrangements with you by notice to you and without any liability by us to you or any other person.

Time specifications

All specifications of time submitted during the production process or contained in the estimate are guides only. While we make every effort to follow them, we accept no responsibility if we are unable to do so. We are not responsible for any problems caused by any insistence on delivery or performance earlier than we have estimated.

Delay in supplying raw material or returning signed proofs

We will usually consult with you to set estimated production schedules. To keep to these estimates, we may require you to provide us with material on which to work, (e.g. the text of a brochure) or return signed proofs within a specific time. If these are not received by the date we request that they be provided to us, we are entitled (at our discretion) to add the length of the delay to our production time.

Author's corrections

Any copy provided is final copy. Any images / artwork provided are final. Any corrections to the original copy, images or artowrk, additional material (including photos) and amendments or additions after commencement of work are additional to the estimate. We are not responsible for badly written copy or incorrect information supplied. We are also not responsible for verbal requests for change, despite the extent of its simplicity. To ensure changes are done accurately and according to instruction, please put them in writing.

Proofs

At each proof stage, we will send you proofs and ask you to inspect them. Please do this carefully and, if in order, signify that you have checked and approved them in their entirety by having an authorised officer sign the proofs in the space provided. By doing so, you accept all responsibility for errors at each proof stage. Note that, for quality control reasons, we cannot proceed to the next stage unless proofs are signed. Even if you do not sign the proofs, by advising us, in any way, of your approval, you accept all responsibility for errors. Of course, the checking, inspection and approval of proofs by you means you cannot refuse the finished product produced in accordance with the proofs.

Printing

We reserve the right to supervise printing in order to ensure proper quality control. While we take all reasonable care, we are not liable for the printer's errors. If you do not notify us of defects within seven days of delivery, you are taken to have accepted the goods as being satisfactory.

Licenced images

Copyright of photographic images, unless permitted in writing, is limited to the use of images in the product /services provided by rathmayr newmedia.

Checking material

We will normally have to rely on the accuracy of factual information you provide to us. Accordingly, you will need to check any raw materials (copy, designs, specifications etc) that are provided to us to make sure that, to the best of your knowledge:

  • it does not infringe any copyright, trade mark or design
  • it is not in breach of confidence, misleading or deceptive
  • it is not defamatory or unlawful
  • all factual statements are true; and
  • legal requirements for packaging or labeling goods are complied with.

We will process supplied material on the basis that you fully indemnify us against any breach of warranty made by you in these Terms of Trading. This indemnity continues after our agreement ends. It is important that you deliver the information to us in as final and accurate a form as possible.

Archiving

We keep all artwork, film, computer files and other materials for 24 months from the date of their creation, after which they are destroyed. If you want us to keep anything beyond this time you must tell us in writing. Due to the unstable nature of storage media, we cannot guarantee that your files or material will not become corrupted.

Out-of-pocket expenses

Unforeseen out-of-pocket expenses (such as couriers, materials etc) are not included in and are additional to the estimate. We charge a commission on all out-of-pocket expenses (incl. film library images, printouts, illustration, photography etc) to cover administration costs. 10% GST is additional to the cost of these out of pocket expenses, unless indicated otherwise.

Samples of finished items

For our records, we retain samples of each finished product designed by us. Where this is not practicable (eg., signage on a motor vehicle) we will arrange for photos or representations of the works, at our discretion. We reserve the right to retain any samples of work we produce for you and show the samples, photos or representation of the work to further promote our services to the public at large (including on our website and in hardcopy form) and to enter such work in exhibitions or for publication in award annuals, magazines and competitions if you have not requested us beforehand, in writing, not to do so.

Payment

Bills representing work in progress may be issued monthly. You agree that payment of invoices must be made on receipt of invoice without any deductions or set-off. Unless all outstanding bills are fully paid, we reserve the right to: (i) not begin, continue or deliver any work; and (ii) retain any goods you supply to us and/or which have been produced for you. Unless agreed otherwise, paying within time is essential to us continuing or completing any further work for you. Projects will be billed in 2 parts: Deposit & Final Payment. A 30 day credit account can be created if a credit application form has been filled out, returned and approved by rathmayr newmedia.

Payment in advance

We may require payment in advance before commencing any project or any stage of any project. We reserve the right to require a deposit on some work before it is initiated or completed, especially if the work involves significant out of pocket expenses or work for a new client.

Overdue accounts

For overdue accounts, upon our discretion we may charge you interest at 2% per month. You indemnify us for any legal costs, cost of recovering any outstanding accounts including debt collection agency fees, (on a full indemnity basis) we incur as a consequence of any default by you of your obligations under these Terms of Trading.

Domain Registrations and Hosting will be disabled if NOT paid by due date.

Reconnection will attract an administration and reconnect fee with prepayment.

Disputing invoices

If you dispute any invoice, you must notify us in writing within 14 days of receiving it.

Implied warranties

We give no express warranty in relation to the supply of our services to you and you acknowledge that you have not relied on any representation or warranty made by us or on our behalf. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. Further, to the extent permitted by law, if we become liable to you in any manner whatsoever for breach of warranty or for any other reason, then our liability is limited solely to the cost of supplying the services to you again or the payment of the cost of having the services supplied to you by a third party, whichever we elect.

Subcontracting

We may use subcontractors to perform any part of the work for you.

Third party supplies

We may advise you on or obtain for you goods or services from third parties. When you have approved an order for these goods or services you become responsible for their payment. Any claim you may have in relation to these goods or services (eg. quality) is directly with the supplier and not with us. Although you assume responsibility for the materials once they are delivered to you, you do not own those materials (such as printed materials or files) until you have paid us in full for their production. We have the right to repossess those materials and to prevent you from using them if you do not pay for them on time.

Adobe Business Catalyst End user Agreement: http://businesscatalyst.com/end-user-agreement

Cancelations

All ongoing contracts / services (e.g. domain registrations, web hosting, licenses, etc) can be cancelled by providing one month's (30 days) written notice.

To cancel a hosting contract or domain registration or any other 12 month contract we require that you contact us no later than 30 days prior to the end of the current contract period. If this 30 day notice isn't given our client will be required to pay for the next full 12 month hosting period.

Ownership

The client will have full ownership of the website once payment has occurred. If the client breaches any of the conditions rathmayr newmedia retain the right to end all work and cease this agreement including the withdrawing of any website hosting.




Terms of Use

Introduction and Acceptance of Terms of Use.

rathmayr offers you a wide range of content, communication tools, forums, and information about its products and services ("Materials") via this web site. By using this web site, you are agreeing to accept and comply with the terms and conditions of use as stated below ("Terms of Use"), which rathmayr may update at any time without notice. You should visit this page periodically to review the then-current Terms of Use. Please note that rathmayr may, at its sole discretion, terminate your access to this web site at any time without notice.

Limited Right to Use.

This web site is owned and operated by rathmayr. Unless otherwise specified, all Materials on this web site are the property of rathmayr and are protected by the copyright laws of Australia and, throughout the world by the applicable copyright laws. You may, view, print and/or download one copy of the Materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. No Materials published by rathmayr on this web site, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from rathmayr. The use of any such Materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.

Communications.

Except for any disclosure by you for technical support purposes, or as specified in our Privacy Statement, all communications from you to this web site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to rathmayr ("Feedback") will be deemed, at the time of communication to rathmayr, the property of rathmayr, and rathmayr shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this web site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libellous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.

Access to Password Protected or Secured Areas.

Access to and use of password protected or secured areas of this web site is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this web site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this web site as well as any activity that occur under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site.

Monitoring.

Although rathmayr is not obligated to do so, it will have the right to review your communications on this web site to determine whether you comply with our Terms of Use. rathmayr will not have any liability or responsibility for the content of any communications you post to this web site, or for any errors or violations of any laws or regulations by you. rathmayr will comply with any court order in disclosing the identity of any person posting communications on this web site. It is advisable that you review our Privacy Policy before posting any such communications. Please note that when you conduct transactions with other companies providing content via this web site, you will also be subject to their privacy policies.

Links to Other Sites.

The linked sites are not under the control of rathmayr and rathmayr is not responsible for the content of any linked site or any link contained in a linked site. rathmayr reserves the right to terminate any link at any time. rathmayr may provide links from this web site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to this web site, you do this entirely at your own risk. rathmayr DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

Trademarks.

The trademarks, service marks and logos of rathmayr and others used in this web site ("Trademarks") are the property of rathmayr and their respective owners. You have no right to use any such Trademarks, and nothing contained in this web site or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of rathmayr or the respective owner.

Indemnity.

You agree to indemnify, defend and hold rathmayr harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and/or use of this web site.

Limitation of Liability.

IN NO EVENT SHALL rathmayr OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF rathmayr OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer.

rathmayr assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on this web site. You should not assume that the Materials on this web site are continuously updated or otherwise contain current information. rathmayr is not responsible for supplying content or materials from the web site that have expired or have been removed. THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED "AS IS" AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.

Applicable Laws.

These Terms of Use are governed by the law in force in the State of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning the Terms of Use.

Hosting - Business Catalyst

rathmayr newsmedia is a resell partner of Business Catalyst

Enduser Agreement - Business Catalyst

Law of agreement

The laws of Victoria, Australia apply to these Terms of Trading. Any disputes arising out of our relationship are to be dealt with by Victorian Courts.

Rates

We work on a time and material basis.

Digital Strategy Consulting $150.00 / Hour
Our standard hourly rate is $120.00 / Hour
Prepay option: block of 4 Hours at $100 / Hour @ http://www.rathmayr.com.au/prepay
Individual hourly rates can be discussed and quoted for consulting, maintenance contracts or larger project blocks.

We charge in 15 minute increments.
We require a 25% deposit for projects to commence.
We send monthly invoices. - Instalments equal to the percentage of work carried out each month will need to be made until the project is complete.

All prices listed are net prices and are NOT including GST

Contact

rathmayr | abn 27 523 963 755