Terms & Conditions
‘’AUB Design’’, ‘’we’’, ‘’us’’ represent AUB Design website and/or agency. ‘’The customer’’, ‘’The client’’, ‘’You’’ represent any person uses AUB Design products and/or services.
All AUB Design products and services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, AUB Design Products and Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use these products or services.
Acceptance of these Terms and Conditions
AUB Design has the right to revise these Terms and Conditions at any time without providing notice to its users. Your continued use of AUB Design Products and Services and/or your Account shall be deemed irrevocable acceptance of those revisions.
Commencement of the Agreement
This agreement commences on the date AUB Design accepts the customer’s order for Services. No Contract shall come into existence until the Customer’s order has been accepted by AUB Design and a deposit or upfront payment is paid by the customer. The contract shall be deemed concluded at the time and place when the final service is completed and accepted by the Customer.
AUB Design services
In addition to these general terms and conditions you must also comply with all our services terms and conditions before contracting AUB Design to take or work on any service or project including but not limited to: Web design, Graphic Design, Online Marketing, Mobile Apps, Hosting, SSL Certificates. When necessary, AUB Design will provide a copy of those terms for the customer to sign upon commencing any project(s). All terms are provided in our exclusive client area.
Customers warranties, liabilities and undertakings
The customer agrees to indemnify and keep indemnified and hold AUB Design harmless from and against any claim brought against us by a third party resulting from the provision of services by AUB Design to the customer and/or the customer’s use of services on-sold to the customer whereby AUB Design acts as a reseller, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses, or liabilities, whatsoever suffered and howsoever incurred by AUB Design in consequence of the customer’s breach or non-observance of these terms.
The customer warrants that they will keep secure any passwords used with the services provided by AUB Design. (if applicable)
The customer further warrants that at the time of entering into this agreement they are not relying on any representation made by AUB Design which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced. The customer agrees that they are solely responsible for dealing with persons who access their service accounts and that they will not refer complaints or inquiries in relation to such access to us.
Warranties and Liabilities
AUB Design accepts liability for the supply of the Services to the extent provided in this agreement.
AUB Design does not warrant that:
1) the Services provided under this agreement will be uninterrupted or error free; the Services will meet the customers requirements, other than as expressly set out in this agreement; or 2) Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorized access to the services or systems of AUB Design.
Except as expressly provided to the contrary in this agreement, AUB Design excludes all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realize expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
AUB Design gives no express or implied warranties including, without limitation, the warranties of merchant ability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement. No oral or written information or advice given by AUB Design, our resellers, agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties hereby given, and the customer may not rely on any such information or advice. AUB Design total aggregate liability to the customer for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services will be limited to the charges paid by the customer in respect of the services which are the subject of any such claim and provided that the customer notifies AUB Design of any such claim within one year of it arising. In no event will AUB Design be liable to the customer for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever. In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974, nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement, where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon the customer pursuant to the Act, AUB Design sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the customer may sustain or incur, shall be limited (except as otherwise specified in this agreement) to: A) The replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or B) The repair of the goods or payment of the cost of having the goods repaired; C) The supplying of the Services again; or D) The payment of the cost of having the Services supplied again.
AUB Design specifically exclude any warranty as to the accuracy or quality of information received by any person via the customer’s service product account and in no event will AUB Design be liable for any loss or damage to any data stored on the customer’s account. The customer is responsible for maintaining insurance cover in respect of any loss or damage to their data stored on our servers.
You may not use any AUB design’s trademarks, logos, names or anything similar, in your trademark, domain name, username, or other account name without prior written approval. AUB Design doesn’t permit or license its trademarks, logos or other intellectual property for use on merchandise like toys, apparel, accessories or packaging without explicit prior written approval. You may not modify the AUB Design Brand Resources in any way, which includes changing the design or combining our assets with other words or images. You shouldn’t modify any colors in our logos. You may scale the size of AUB Design Brand Resources to suit your needs, as long as they are not the most distinctive or prominent feature on your web page, printed material or other content. AUB Design dedicates substantial resources to the development and protection of its intellectual property. In addition to seeking registration of its trademarks and logos, AUB Design enforces its rights against people who misuse its trademarks.
Suspension, Termination of Service
AUB Design may suspend or terminate the customer’s account if they breach any of these terms and conditions, or if they become insolvent or they are declared bankrupt. From time to time AUB Design may have to pause or disconnect the service without notice or deny the customer’s access to the Service during any technical failure, modification or maintenance involved in the Service. AUB Design will use reasonable endeavors to procure the resumption of the services as soon as reasonably practicable.
In these circumstances the customer will remain liable for all charges due throughout the period of suspension. If an account has been suspended or terminated due to the customer’s breach of these Terms and Conditions, reactivation of the account will be completely at the discretion of AUB Design. If AUB Design agrees to reactivate the customer’s account, payment in full of all outstanding amounts and payments of a reactivation fee will be required by the customer. If the customer should wish to terminate an account with AUB Design for any reason they may do so by providing 14 days notice in writing to; [email protected] All fees and charges paid to AUB Design by the customer for any products, service or domain name registration are non- refundable after 14 days. If AUB Design should decide to terminate a customer’s account for reasons other than a breach of these conditions, AUB Design can do so by providing the customer 30 days written notice. In this circumstance, AUB Design will refund any remaining unused credit on the account. AUB Design shall have no liability to you or any third party because of such termination or action. No refunds will be given (including payment of yearly contracts) if the account has been terminated due to a breach of these Terms and Conditions. (if applicable)
Fees, charges, payments and Refund Policy
All charges payable by the customer to AUB Design for the Services will be in accordance with the relevant scale of charges and rates published from time to time on AUB Design website and will be due and payable each month, in advance of service use. (if applicable)
The customer’s account will only be created and setup for use once the first monthly payment has been received in full by AUB Design. (if applicable)
Upon ordering a service through the AUB Design website and accepting these General Terms and Conditions, the customer will be charged for the first month’s service in advance. The billing cycle begins from the date they register, even if the Service provided by AUB Design does not become fully operational at that time.
If AUB Design tries to process a payment and is unsuccessful for any reason, the customer will be informed via Email or Phone and AUB Design will attempt to re-debit the account seven (7) days later. Should the debit be unsuccessful in the second attempt and no alternative payment method is agreed to between AUB Design and the customer, AUB Design will suspend the account until payment for the next billing month is received. Accounts which have been suspended for a period of two (2) months or more may be terminated by AUB Design. Terminated accounts will be completely removed from our servers, with all associated customer data deleted. The customer acknowledges that AUB Design will not be held liable for any loss on behalf of the customer due to a terminated account. Reactivation of a customer’s account after termination has occurred is subject to the General Terms and Conditions and fees associated with all new accounts. All prices quoted on the AUB Design website are in Australian Dollars (AUD) and include government taxes (GST) unless otherwise noted. All charges paid for AUB Design products and services are non-refundable unless otherwise specified.
The provision of services is contingent upon AUB Design receiving payment in full from the customer in respect of the Services provided. Without prejudice to other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, AUB Design reserves the right, to suspend the provision of all Services provided to the customer.
If a customer’s account is closed for any reason, the customer must pay all outstanding charges immediately. Failure to pay all outstanding charges may result in the account being passed to a third party collection agency. If a customer’s outstanding account is passed onto a third party collection agency the customer will be charged the full outstanding amount of the AUB Design accounts plus any fees, charges and/or commissions associated with the costs of the collections agency. AUB Design reserves the right to add late fees to the total invoice if the amount is not paid within 30 days of project completion.
Late fees are additional fees added to the total invoice if the total amount has not been paid. They are calculated based on the following: $100 added to the 1st letter of demand sent by the third party collection agency. If the amount is still not paid within the required time frame, AUB Design will add another $100 to each and every letter of demand sent by the third party collection agency and all fees are required to be paid to AUB Design’ account. Failure to pay the outstanding amount(s) after several attempts will result in a claim filed in the local court and all court fees will be paid by the customer.
Archiving and backup your data
While AUB Design will archive the customer’s data on a regular basis for the purposes of disaster recovery, these backups may or may not be current and AUB Design will not be liable for incomplete, out-of-date, corrupt or otherwise deficient data recovered from the backups.
The customer may transfer this agreement provided that they give AUB Design notice in the form required (setting out the details of the assigner) accompanied by payment of any transfer fee specified by AUB Design. No other method of transfer by the customer is permitted.
These terms and conditions constitute the entire agreement between AUB Design and the customer. It supersedes all prior agreements, understandings and representations whether oral or written.
Notifications & Communications
By entering into this agreement the customer agrees to receive other email communications of a marketing and promotional nature from AUB Design or its partners (if applicable) unless the customer chooses to opt out of the AUB Design mailing list. Any communications deemed to be an essential part of the AUB Design service to the customer (E.G. Billing statements or renewal notices) will still be sent regardless of whether the customer has chosen to opt out of the AUB Design mailing list.
Links to Third-Party Web Sites
This website may contain links to non-AUB Design websites. These links are provided to you as a convenience, and AUB Design is not responsible for the content of any linked website. Any non-AUB Design web site accessed from this website is independent from AUB Design, and AUB Design has no control over the content of that website. In addition, a link to any non-AUB Design web site does not imply that AUB Design
endorses or accepts any responsibility for the content or use of such web site.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by AUB Design of that third party or of any product or service provided by a third party.