Mindgardens Creative Services ABN:24204381136. All rights reserved.
Respective Owners: Bonny Goddard & Liz Wilkinson
Head Office: 33 Lawrence Ave, Sunbury, VIC 3429.
Telephone: 04 2926 1010.
We will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if things go wrong. By using our services, you agree to the following terms and conditions.
This website is operated by Mindgardens Creative Services. Throughout the site, the terms “we”, “us” and “our” refer to Mindgardens Creative Services. Mindgardens Creative Services offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our website is hosted through Directnic.com. They provide us with the online platform that allows us to sell our products and services to you.
You are hiring Mindgardens Creative Services to design and develop a web site for the estimated total price as agreed upon in our previous correspondence. The agreed payment plan is at the end of the document.
What do both parties agree to do?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.
Details of the works
We will create designs for the look-and-feel, layout and functionality of your web site. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the daily rate set out in our original estimate.
HTML/CSS layout templates
If the project includes XHTML or HTML markup and CSS templates, we will develop these using valid HTML5 markup and CSS3 for styling. We will test all our markup and CSS in current versions of all major browsers including those made by Apple, Microsoft, Mozilla and Opera. We will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in Microsoft Internet Explorer 7 for Windows as this browser is now past its sell-by date.
We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5, 5.5 or 6 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at the daily rate set out in our original estimate for any necessary additional code and its testing.
We are not responsible for writing or inputting any text copy unless we specified it in the original estimate. We’ll be happy to help though, and in addition to the estimate we will charge you at an Hourly Copy Fee (to be agreed upon prior to commencing project), including a free initial consultation, for copy writing or content input.
If needed, you will supply us photographs either in digital or printed format. If you choose to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for or taking appropriate photographs will be charged per hour, after a free initial consultation to determine if this is the best route to take.
Mindgardens Creative Services may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Mindgardens Creative Services. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
Changes and revisions
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices we give you are based on the number of days that we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. You will be charged the daily rate set out in the estimate we gave you. Along the way we might ask you to put requests in writing so we can keep track of changes.
You may already have professional web site hosting, you might even manage that hosting in-house; if that’s the case, great. If you don’t manage your own web site hosting, we can set up an account for you at one of our preferred, third-party hosting providers. We will charge you a one-off fee for installing your site on this server, plus any statistics software such as Google Analytics; then the updates to, and management of that server, plus any support issues will be up to you.
We are not a web site hosting company and so we do not offer or include technical support for web site hosting, email or other services relating to web site hosting. If you do require help with anything beyond the design and development of your site, we’ll be happy to help.
We can’t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selfs, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them.
You also own text content, photographs and other data you provided, unless someone else owns them. We own the XHTML markup, CSS and other code and we license it to you for use on only this project.
We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design.
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule, which will be as follows, but may be revised based on further conversations between us.
We require a retaining fee of 50% of total estimated fee upon agreement of initial design:
Remainder of fee payable not more than 14 days after receipt of finished product unless stated otherwise via written agreement.
Interest accrued if payment is more than 14 days late is 5% of outstanding amount to be added every 7 days, starting from 15th day after receipt of finished product.
You are hiring Mindgardens Creative Services for design services for an estimated total price as agreed upon in our previous correspondence. All other legal specifications are in the following transcript.
Client requests Designer to create Enter a description of the Work here. Work includes only the final, deliverable art, and not any preliminary Work or sketches.
All designs are entitled to one free revision. This does not include a complete project redesign. Additional revisions will be charged at a rate of approximately $25 per hour.
We do not handle the printing of materials, however, we are happy to help you locate a printer that can handle your printing needs but cannot be held accountable for you locating a reliable printer.
Payment / Retainer Fee
50% of the total fee is required before any services will be rendered, and the remaining 50% is payable within 14 business days of receipt. A $50 service charge is payable on all overdue balances for reissuing each invoice at 30, 45, and 60 days from the date of original invoice. The grant of any license or right of copyright is conditioned on receipt of full payment.
The client understands that the final design belongs to Mindgardens Creative Services until paid in full. In the event of termination of this Agreement, Mindgardens Creative Services owns the design and has the right to complete, exhibit, and/or sell the design (not including business name). Furthermore, Mindgardens Creative Services owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the design in all media useful for business promotion and that Mindgardens Creative Services reserves the right to display the design for business promotional use.
Illness, injury, or other events beyond Mindgardens Creative Services’ control, such as: fire, theft, computer failure, and any other unforeseeable tragedy may result in a delay of unpredictable length.
The client has the right to terminate this Agreement if, Mindgardens Creative Service fails to complete the design within 60 days of deposit submission unless otherwise stated in written agreement either electronically or via paper. If agreement is terminated for any reason other than failure to deliver within 60 days, Mindgardens Creative Services shall retain the deposit.
The fees and expenses shown on our site are minimum estimates only unless an hourly fee has been agreed upon. That fee will be $60 per hour and Designer shall provide the Client of a tally of hours within a reasonable period of time upon request if such is the measure of the fee. Final fees and expenses shall be shown when invoice is rendered.
Depending on the complexity of the project involved, an additional cost may be incurred. If we feel the complexity of the project is going to exceed the limitations of our current project prices, we will discuss it with you prior to proceeding with your design. This typically includes any projects that require an unusual amount of additional time and labour.
Grant of Rights
Designer agrees to the perpetual license of the right to display and transmit Work to Client, excluding the right to authorship credit, modification, and resell, which is retained by Designer. Designer agrees that Work is produced with the intent it be unique and will not seek to resell or publish Work, except as noted below.
You, the client, have ownership of the final graphic or logo design for use in any media application that is beneficial to your business. As specified above, Mindgardens Design Services retains the right to use the final graphic/logo design, or any versions of the graphic/logo design created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives Mindgardens Design Services permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media. The client understands that it is the client’s responsibility to copyright the logo design and/or seek trademark.
Designer’s Right to Authorship Credit
Designer may use Work in Designer’s portfolio (including, but not limited to, any website that displays Designer’s Works). Client does not have to display Designer’s name together with Work, unless being described with any editorial usage, but Client may not seek to mislead others that Work was created by anyone other than Designer.
The fee for Work is refundable pending only upon Designer’s breach of contract. In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Designer, and a cancellation fee for work completed, shall be paid by the Client. If the project is on an hourly basis the and project is canceled by Client, Client agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation plus a flat fee 50% of the remaining hours that were expected to be completed on the project, whichever is greater.
Limitation of Liability
Client agrees that Designer will not be liable for any incidental or consequential damages that arise from Designer’s performance of this commission (including, but not limited to, failure to perform in a timely manner, regardless of whether the failure was intentional or negligent.)
Mindgardens Creative Services does not warrant that the functions supplied by design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the design is with client. In no event will Mindgardens Creative Services be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the printing, reproduction of, or appearance of the design, even if Mindgardens Creative Services has been advised of the possibility of such damages.
Dispute Settled by Arbitration, and Governing Law
Any dispute under or about this Agreement must be submitted to and resolved by arbitration through the appropriate Australian court channels. Parties will bear their own costs. Any court may enforce the arbitration award. This Agreement will be governed by the laws of Victoria, in the country of Australia.
Acceptance of terms
The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. Designer as sender and Client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.