The following terms and conditions apply to all design services provided by Newcastle Web Design and the website newywebdesign.com.au to the Client.
Note that we do not design graphics that pertain to hate, racism, politics, violence, homophobia. We reserve the right to refuse a job if it is perceived by us to be any of the above.
If a Client makes a purchase from this website then it is understood the Client agrees to the terms which apply to it. By making a purchase agreeing to go ahead with design you are confirming that you have accepted these terms and conditions in full. Signing an acceptance of the terms and conditions won’t be necessary.
Please read these terms and conditions thoroughly. Any purchase or use of any of our services means that you have read and accepted our terms and conditions.
The charges for services to be offered by Newcastle Web Design are indicated in the product description. Newcastle Web Design reserves the right to alter or decline to proceed with the project at any time.
Payment is due at the time of purchase by credit card with stripe or paypal. Cheques are not accepted.
3. Client Review
Newcastle Web Design will allow the Client to review the designs, and offers one round of revisions. During finalisation, such materials will be deemed approved unless the Client notifies Newcastle Web Design of any changes.
4. Turnaround Time and Content Control
Newcastle Web Design will supply your finished designs within 5 business days unless notified otherwise.
During the project, Newcastle Web Design will require the Client to supply content; text, images they want included in the designs.
5. Failure to provide required content:
Newcastle Web Design is a small business, to remain efficient we must see to it that work we have accepted is done at a scheduled time. At times we may have to decline offers for other work and enquiries to ensure that your project is accomplished at the time arranged.
This is why we require you to provide all necessary information beforehand so we are able to keep graphic design on schedule. In the event where progress cannot be made with your project because we have not been supplied the required information in the agreed time frame, causing delay, we reserve the right to impose a surcharge of up to 25%.
NOTE: Text content should be sent as a Microsoft Word, email (or similar) document where we can copy and paste. Please reach out to us for any clarification.
Payment for graphic design packages is required prior to any work taking place. No exceptions.
7. Additional Expenses
Client agrees to reimburse Newcastle Web Design for any additional expenses needed for the completion of the work, such as purchase of special fonts, stock photography etc required to match your branding.
All Newcastle Web Design services may be used strictly for lawful purposes only. You agree to indemnify and hold Newcastle Web Design faultless from any claims resulting from any untoward use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Newcastle Web Design the rights to publish and use them. The Client must obtain permission to use any other information or files copyrighted by a third party. The Client is also accountable for granting Newcastle Web Design permission and rights for use of the same and agrees to indemnify and hold harmless Newcastle Web Design from claims resulting from the Client’s negligence in securing proper copyright permissions. A purchase for graphic design and/ or placement shall be assumed as a guarantee by the Client to Newcastle Web Design that all required authorities have been obtained. Proof of permissions and authorities may be requested.
10. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement expects that any logos or text will be given by the Client in electronic format and that all photos and other graphics will be provided electronically in .gif, .jpeg, .png or .tiff format.
11. Post-Placement Alterations
Newcastle Web Design cannot and will not accept responsibility for any alterations caused by a third party or the client themselves to the Client’s designs once they have been finalised. Such alterations include, but are not limited to additions, modifications or deletions. If you modify a website yourself once we have handed it over to you then we are not obliged to fix any problems that arise from your modifications. We can quote to fix any problems, however our usual payment terms will apply.
These Terms and Conditions supersede all previous representations, understandings or agreements. Payment online is an acceptance of our terms and conditions.
Newcastle Web Design hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay/ error, as result of negligence or other cause in the production of the website;
Loss or damage to clients’ artwork/ photos, made available for the project. Regardless whether the loss or damage results from negligence or otherwise.
The entire liability of Newcastle Web Design to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.