1 - INTERPRETATION
In this document the following words shall have the following meanings:
1.1 "Customer" means any person who purchases Services from the Supplier;
1.2 "Supplier" means Living 3D
1.3 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2 - GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
3 - PRICE AND PAYMENT
3.1 Payments shall be made in accordance with Supplier Quotation.
3.2 Payments may be made by EFT or PayPal only. Payment in arrears will be by prior agreement only.
3.3 Additional work outside of the agreed brief/quotation, signed correspondence or email discussions will be charged at the hourly rate outlined in the quotation.
3.4 Payment requests will be as follows:
25% deposit after quote acceptance and prior to commencement
25% at completion and presentation of concept sketches
40% at completion of documentation and prior to presentation
10% at presentation of final documentation (strictly 7 days)
(late payments will delay completion of services... refer 5.2)
3.5 The Supplier reserves the right to change the price of any service at any time. Once a deposit has been paid to commence a service, the price shall remain fixed for that Customer. Under no circumstances shall the Supplier refund the difference should the price of that service decrease.
4 - CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
4.1 Co-operate with the Supplier;
4.2 Provide the Supplier with any information reasonably required by the Supplier;
4.3 Keep the Supplier notified of their correct name, postal address and any phone, fax or e-mail information.
5 - SUPPLIER’S OBLIGATIONS
5.1 The Supplier shall perform the Services with skill and care, to a standard equal to the Supplier’s website example of work.
5.2 Completion of Services shall generally be within 20 working days of receipt of required payments and disclosure of relevant required information.
6 - LIMITATION OF LIABILITY
6.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.
6.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
6.3 The Supplier cannot accept liability for items lost in the post en route to or from the Supplier
7 - RETURNS/REFUNDS/CANCELLATIONS
7.1 Where a Customer cancels their order after paying the requested deposit, there is no refund. Both parties must return or destroy information received from the other if asked to do so.
8 - FORCE MAJEURE
8.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, accidents, war, fire, breakdown of plant or machinery. Either party shall be entitled to a reasonable extension of its obligations.
9 - SUPPLIER’S PROPERTY
9.1 The Customer permits the Supplier to display Final Black and White and/or Colour images on the Suppliers website portfolio and/or for social media purposes. Dimensional and/or detailed information will never be disclosed.
9.2 The contents of the Suppliers website may be copied, distributed, republished, displayed, posted or transmitted provided the correct use of crediting links back to www.living3d.com.au does occur.
10 - SEVERANCE
10.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11 - GOVERNING LAW
11.1 These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts.