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© 7elements

These are the terms and conditions of quotation and sale of all products and services supplied by 7Elements Web & Graphic Design (“7Elements”). Except as otherwise expressly agreed upon in writing between a duly authorised officer of 7Elements and the client, the terms and conditions shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by the client.

General 

  1. Quotations are valid for a period of 30 days.

  2. All orders placed with 7Elements shall only be accepted subject to these terms and conditions and 7Elements may at any time and from time to time alter these terms and conditions and such altered terms and conditions shall apply after notification by 7Elements to the client.

  3. If a client cancels or alters any order or part order at any time after 7Elements has received the order then 7Elements reserves the right to render additional costs to the date of such cancellation or alteration.

Terms of Payment

  1. For quotations $1000 and overthe client shall make payment within the following terms:

    1. 50 percent deposit on receipt of signed quotation approval;

    2. 40 percent on design sign-off of website or print work;

    3. 10 percent balance upon either of the following:

      1. if a website, before site is posted live or;

      2. if print work, prior to finished work being handed to the client and/or forwarded to the nominated printer.

    4. All payments are to be made in full within 7 days of the date of invoice.

  2. For quotations under $1000the client shall make payment within the following terms:

    1. Unless otherwise negotiated, payment is to be made in full on receipt of signed quotation;

    2. All payments are to be made in full within 7 days of the date of invoice.

  3. Payment shall be made by via direct electronic deposit, cash, cheque.

  4. If the client fails to make payment in accordance with clause 4 or 5, 7Elements shall be entitled to charge a late payment fee plus default interest at a rate of 10% per annum on all overdue amounts (including charges and amounts other than the price calculated on a day to day basis on any moneys due but unpaid, such interest to be computed from the due date for payment AND the parties agree that such default is not a penalty but a true measure of damages incurred by 7Elements). Payments received from the client will be credited first against any default interest and all such charges shall be payable on demand.

  5. 7Elements shall also be entitled to claim from the client all costs relating to any action taken by 7Elements to recover moneys due from the client including any legal costs and disbursements on a solicitor-client basis and cease any further delivery of services or products to the client that have not been delivered.

Copyright and Ownership

  1. All ideas, designs, concepts, artwork, compositions, symbols, logos or other trade indicia prepared or developed by 7Elements shall be the absolute property of 7Elements and the client shall not use such material in any media until payment is made by the client to 7Elements in accordance with clause 4.

  2. The copyright for all purposes in any ideas, designs, Artwork, compositions, symbols, logos and other trade indicia prepared or developed by 7Elements (“the copyright work”) vests in 7Elements.

  3. In consideration of payment by the client in accordance with clauses 4 & 5, 7Elements as the beneficial owner assigns to the client the copyright work subject to clause 12.

  4. Notwithstanding clauses 9 to 11 herein, 7Elements shall retain copyright ownership of all draft concepts, Artwork, compositions, symbols and logos (“the draft Artwork”) created or prepared for the client pursuant to these terms and conditions but for any reason whatsoever not so utilised by the client and the client acknowledges 7Elements title in the draft Artwork.

  5. 7Elements may use any Artwork/design for it’s own promotion and portfolio use and add an industry standard ‘designed by’ link to the client’s website, enhancing client Search Engine Optimisation. 7Elements ‘designed by’ link will remain for the life of the design except by negotiation.

Revisions and Supply of Content

  1. Unless otherwise negotiated or 7Elements copywriting services are used, the client must supply text for their project in text file format at the start of the project as well as graphics (logos, images, etc.) to be used. Text should be as close as reasonably possible to final format, with accuracy of content, spelling and grammar checked and little or no formatting (includes text from previous websites). 7Elements assumes all written content adheres to copyright laws.

  2. Images are also expected to be supplied before work begins, unless by prior negotiation or if using 7Elements photography or stock image services. Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator/Photoshop format, or hi-res JPEG files (300 dpi). 7Elements assumes that all correct permissions have been sought and/or royalties paid for images used.

  3. Unless otherwise quoted or negotiated, projects include two rounds of changes or author’s revisions. Following two revisions per project, an additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.

Project Duration and Client Response Time

  1. The client agrees to provide timely responses to 7Elements after receiving status notifications, work for review or requests for information. The client shall have 30 days to respond to each draft/request for information submitted. If the client has failed to respond after 30 days, 7Elements will deem the 
project complete. At such time, 7Elements shall have no further obligation to the client, and the client shall pay 7Elements all fees and expenses associated with the work performed.

Hosting/SEO/Maintenance Contracts

  1. The client agrees to pay any fees for hosting, SEO and or website maintenance contracts via regular automatic direct debit. A dishonour/late fee may apply if payment is late or insufficient funds are available causing 7Elements additional work or bank penalties. Should the client wish to break this contract and take their hosting, SEO and or website maintenance elsewhere, they will be required to pay the full amount for any remaining months left on their original contract before any files will be transferred to their ownership.

Force Majeure

  1. 7Elements shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of 7Elements including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

Governing Law

  1. The client agrees that these terms and conditions of quotation and sale shall be construed according to the laws of the State or Territory as 7Elements may in its sole discretion determine. Proceedings may be instituted in such State or Territory as 7Elements may in its sole discretion determine.

T&C