Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern www.designhartstudio.com’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Designer”, “Us”, “Our” and “We” refers to www.designhartstudio.com and “Client”, “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.designhartstudio.com’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that www.designhartstudio.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), www.designhartstudio.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

LINKS TO OTHER WEBSITES

www.designhartstudio.com may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.designhartstudio.com and the owners of those websites. www.designhartstudio.com takes no responsibility for any of the content found on the linked websites.

www.designhartstudio.com’s website may contain information or advertisements provided by third parties for which www.designhartstudio.com accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, www.designhartstudio.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. www.designhartstudio.com gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of www.designhartstudio.com to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At www.designhartstudio.com, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. www.designhartstudio.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION

www.designhartstudio.com may be required, in certain circumstances, to disclose information in good faith and where www.designhartstudio.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of www.designhartstudio.com. www.designhartstudio.com expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then www.designhartstudio.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. www.designhartstudio.com reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

www.designhartstudio.com expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and www.designhartstudio.com concerning your use and access to www.designhartstudio.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

GRAPHIC DESIGN SERVICES
(between “Designer” and “Client”)

To engage our custom services, a formal quote must be agreed. All proposals, quotes and projects are subject to the client terms included in our Graphic Design Agreement. When you engage our services, you agree that we are reliant on the information supplied by you, the client, in order to provide the services. We cannot be held responsible for any results of our services based on such client information and we cannot be held responsible for how you choose to use the outputs of our services.

Any images, graphics, photographs and other content (together “Material”) you may find on our website are owned by us or may have been created by us for our clients with permission to reproduce on our website. At no time are you permitted to copy, download, share or otherwise use this Material for any purpose. All Material on our website is copyright protected.

File Storage:
Digital copies of designs produced in the course of fulfilling this Agreement will be stored until delivery of final designs and/or products. After the delivery of final designs, Client releases Designer from any and all liability for lost or damaged files or designs.  Designer does not warrant or represent the availability of backup copies being retained in the event of loss by Client.

Revisions:
Revisions & revision rounds constitutes changes or variations to the initial presented – or in progress – design concepts. Revisions simply means slight modifications as progress towards the final design. A new design concept is not considered a revision, and will be an additional cost to be estimated separately, in addition to the current project.
Designer’s hourly rate is $60AUD+GST per each hour spent on additional Services provided to the Client over the purchased Services for additional works. If Client requests further retouching or edits after delivery of Client’s final designs, then Client agrees to pay Designer for any additional changes Designer makes at Designer’s hourly rate or at the set price of $20AUD for single item revisions or $40AUD for multiple item revisions.
If Client requires extra revision rounds before delivery of final files, and after using all included revisions, Client agrees to pay Designer for the additional changes Designer makes at Designer’s hourly rate or at the set price of $20AUD for each additional revision round.

Confidentiality:
Confidential information (known as “Confidential Information” in this Agreement) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement.
Parties will treat and hold all information of or relating to this Agreement, the Services provided, and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement.
Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Company in whatever form to any parties outside of this Agreement.
This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third-party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third-party by, or with the authorisation of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.

Expenses:
Any expenses incurred by Designer while providing Client with Services will be invoiced to Client in a timely manner, in addition to the other Fees and Costs payable for the Services. Client is responsible for paying for and delivering any third-party software licenses or products Client wishes Designer to utilise, at the Client’s cost. At the Designer’s discretion, Designer will make reasonable efforts to integrate Client’s suggested software or products.

Copyright:
Any and all work created as a result of Designer’s Services is considered a work for hire and all rights, title and interests are expressly retained and owned by Designer and licensed to Client upon full and final delivery of design files. Designer retains the right to use artwork and final products as samples of services for marketing or Designer’s other business development needs.
Client guarantees it owns all intellectual property it provides to Designer, such as text, images, artwork and designs, or Client guarantees it has adequate permission to use any intellectual property it provides to Designer. Client agrees to indemnify and hold harmless Designer, and its subcontractors and assignees, from any intellectual property infringement claims regarding any and all materials Client provides to Designer.
Trademark Ownership: It is Client’s sole responsibility to register any Trademarks or take any steps required to protect the intellectual property in the Services, at Client’s own cost. Client understands and agrees that Designer will not register or protect any intellectual property rights of any designs, on behalf of Client.

Approvals:
It is Client’s sole responsibility to make sure the design(s) are free of errors, such as spelling, informational or grammatical errors, prior to printing. Client is solely responsible for final approval of any and all designs before the Designer sends the designs to print or publishing. Client understands and agrees to accept responsibility for payment and processing charges for any and all designs Client has approved. Designer shall send final designs to Client for Client’s approval, in writing, via email or Dropbox. Client shall approve designs within 7 calendar days.

Proofs and Approval:
Final proof(s) will be provided to client no later than 14 calendar days after the final revision is approved, explicitly or implicitly, by Client. Explicit Approval: Client must approve this final proof(s) no later than 7 calendar days from the date proof(s) are sent by Designer. Implicit Approval: If Client does not approve this final proof(s) within 7 calendar days from the date proof(s) are sent by Designer, and Client does not make prior alternative arrangements (such as letting Designer know Client will be unavailable to respond during this timeframe), Designer reserves the right to interpret this silence as approval. 
Once proofs are approved, Client accepts full responsibility for any existing errors or defects and must pay Designer for additional edits, if Client desires changes to be made after proofs are approved.

Delivery of Goods:
Digital goods are delivered via email or Dropbox. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

Cancellations & Refunds:

Should you wish to cancel your order, please notify us within 1 day of purchase. If we are unable to resolve your complaint or further assist you, we will process a refund providing no design work has begun. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of www.designhartstudio.com.

N0-Show Client:
If Client not not respond to any give communication or reasonable, material request from Designer within 14 calendar day, it it within Designer’s discretion to charge a rescheduling fee of $80AUD and Designer’s delivery of any outstanding Services will be delayed by at least 30 calendar days. If Client becomes inactive or unresponsive for 30 calendar days, the order will be considered abandoned and complete, and no refund will be issues for incomplete work. There will be a fee of $80 to re-establish any abandoned work.

JURISDICTION

This agreement and this website are subject to the laws of VIC and Australia. If there is a dispute between you and www.designhartstudio.com that results in litigation then you must submit to the jurisdiction of the courts of VIC.