Terms & Conditions
The Client : The company or individual requesting the services of Mediarama Design Studio. ABN: 99 533 082 286
Mediarama Design Studio: Primary designer/site owner & employees or affiliates.
General
Mediarama Design Studio will carry out work only where an agreement is provided either by email, telephone, mail or fax. Mediarama Design Studio will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between Mediarama Design Studio and the client, this includes telephone and email agreements.
Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Mediarama Design Studio cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The website, graphics and any programming code remain the property of Mediarama Design Studio until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Mediarama Design Studio remain the copyright of Mediarama Design Studio and may only be commercially reproduced or resold with the permission of Mediarama Design Studio.Mediarama Design Studio cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to briefs provided will be carried out at the discretion of Mediarama Design Studio and where no charge is made by Mediarama Design Studio for such additions, Mediarama Design Studio accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Mediarama Design Studio all materials required to complete the site to the agreed standard and within the set deadline.Mediarama Design Studio will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Mediarama Design Studio will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.Mediarama Design Studio will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Mediarama Design Studio will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents. A deposit of 30% is required with any project before any design & development work will be carried out. This is non-refundable. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
Mediarama Design Studio cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use. Any scripts, applications or software (unless specifically agreed) written by Mediarama Design Studio remain the copyright of Mediarama Design Studio and may only be commercially reproduced or resold with the permission of Mediarama Design Studio.
Where applications or sites are developed on servers not recommended by Mediarama Design Studio, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Mediarama Design Studio before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Mediarama Design Studio will endeavor to correct these issues to meet the standards of function outlined in the brief.
Compatibility
Mediarama Design Studio will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version ver7+ , Firefox ver3+ , Opera ver9+ , PC Safari ver4+ , Mac Safari ver4+. Mediarama Design Studio can offer no guarantees of correct function with all browser software and older versions of browsers.
Website Hosting
Whilst Mediarama Design Studio recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. Mediarama Design Studio cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. Mediarama Design Studio reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise. Hosting and domain name contracts are non-refundable however the client has the choice to move any hosting and or domain name accounts or keep them active with Mediarama Design Studio for the period they have paid for.
Payment of Accounts ( TIME ALLOTTED FOR PAYMENTS )
- General::
All final bills have a 14day payment poilicy.
All Advance Payment Requests have a pay on request policy.
All security Deposit requests have a 7day payment policy.
All Progress payments have a 7day payment policy.
All invoices that are not paid within the payment term may incur a 7% per week interest fee applied.
All Invoices marked due on receipt,
This means that a product or service such as photography, hosting set up, domain name registrations has been supplied to you. Mediarama requests that if a product in its final form is delivered then payment for that/those product/s must be made at the time of receiving. Failure to pay due on receipt can lead to suspension of services to you the client.
Overdue Payments
- NON Payment
Mediarama Design Studio reserves the right to withhold or put on hold all code, web pages, images, text, Domain name logins, hosted email accounts and their associated logins, web hosting accounts and FTP logins as well as any material or IT work related to the client until the client has paid in full or made arrangements to pay their overdue invoice / invoices.
Payment Deposits
- Design::
A 30% deposit is required upon the approval of artwork designs eg:: website layouts, brochure layouts etc... Once the deposit is recieved we can continue to the next stage. - Development::
A 30% deposit is required upon the approval of the *Framework of any programming by mediarama.
*Development framework means that we have somehting working online that shows the process.
