Terms and Conditions

  1. Quotations are valid for 30 days.
  2. Payment in full is required before a final product will be delivered.
  3. Ownership of the designs, development ‘code’ and systems remain property of Digital Cartel until such time as all monies are received.
  4. For website projects a deposit of 75% will be invoiced on project acceptance. A further deposit of 15% is required after completion of the ‘graphic design phase’. Final payment in full is required before a website will be sent ‘live’.
  5. For ‘development only’ and all graphic design projects a deposit of 50% will be invoiced on project acceptance.
  6. Any graphic design quotes do not include printing costs.
  7. Logo and Stationery packs include files which are not editable. Variations of designs can be requested by the client and will be invoiced at the standard Digital Cartel hourly rate.
  8. Business Card design includes graphic design for a maximum of 5 staff members’ details. Additional variations of business cards will be quoted separately if required.
  9. Our Email Marketing Software package, tBase, requires a Set-up fee to commence work. A Monthly Access fee payment, undertaken by Direct Debit monthly is required to activate the software.
  10. tBase Email Marketing is provided on a minimum 12 month agreement.
  11. Payment terms for invoices are strictly 7 days from date of invoice unless otherwise stated.
  12. Unpaid balances beyond 21 days will (at Digital Cartel’s discretion) attract a percentage based late payment fee (maximum of 4% per month), compounded and payable monthly, of the total outstanding balance.
  13. In the event that payment is not received the client will be liable for all subsequent costs incurred in recovering the debt. This includes but is not limited to all legal and debt collection commissions and expenses.
  14. Should this engagement be terminated at any stage, fees and disbursements are payable for work completed up to the date of the notice being issued to cease work. Digital Cartel reserves the right to determine the amount of work completed and the appropriate due fees. Digital Cartel reserves the right to cancel the contract in line with these terms with seven days written notice.
  15. Websites are designed to work with current technologies and browser versions. If future unforeseeable changes to technology or browsers cause website errors Digital Cartel can repair these anomalies quoted at the standard hourly rate.
  16. Quoted delivery dates may change due to unforeseen circumstances, delays in client response times or excessive design changes.
  17. Digital Cartel retains the right to use any designs for self promotional purposes.
  18. Our Email Marketing Software package includes 5 email template designs, 3 hours telephone training and 12 months software support and warranty. Ongoing support or training will be quoted for at the Digital Cartel hourly rate.
  19. All our web and print graphic design quotes include 1 concept and 3 design revisions. Our ‘professional’ logo design package includes 10 concepts and 3 design revisions and our ‘corporate identity’ package includes 15 concepts and 6 design revisions. Additional changes will be quoted at the standard Digital Cartel hourly rate.
  20. “Changes” are defined as those events which occur naturally organisation such as errata, personnel changes, and those events which can be considered ‘normal’ in everyday business.
  21. Variations: Client requirements falling outside ‘’normal’ day to day business such as alterations to the concept originally agreed, themes, colour schemes, orientation, focus, additions of major components (such as eCommerce facilities) will be regarded as ‘Variations’ and will be subject to separate and additional quotation. Changes to designs after confirmation will incur ‘variation fees’ at the standard Digital Cartel hourly rate.
  22. Email marketing software: Once the 12 months free support has ended clients can choose to purchase an additional 12 months “support pack” or purchase an “upgrade” to the latest release version. For more information on our “upgrade policy” go to “digitalcartel.com.au/terms.html”.
  23. Digital Cartel warrants that for a period of 3 months from launch the website will operate in accordance to all the material terms of the project outline. All warranty claims not made in writing within such period shall be deemed waived and required website work will be offered at the Digital Cartel hourly rate. When the warranty has expired any support or bug fixes will be (at Digital Cartel’s discretion) subject to normal billable hours at Digital Cartel’s standard hourly rate.
  24. Digital Cartel will not be responsible for any damage, loss or liability the client or any third party may suffer. This includes loss of revenue, profits or data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Digital Cartel and its employees or otherwise.
  25. A basic knowledge of computers, internet, and email is necessary to operate a website. Support for software (e.g. Microsoft Outlook, Adobe Photoshop, etc) not created by Digital Cartel should be directed towards the manufacturer. Digital Cartel can offer training and support on request at our standard hourly rate.
  26. The Customer agrees that it shall defend, indemnify, save and hold Digital Cartel harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Digital Cartel, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns.
  27. The Customer agrees to defend, indemnify and hold harmless Digital Cartel against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Digital Cartel; any material infringing or allegedly infringing on the proprietary rights of a third party or causing a copyright infringement and any defective products sold to customer from Digital Cartel’s or its partners’ servers.
  28. Any required website fixes or data restores required as a result of client error or any third party (including but not limited to ‘hacking’) will be (at Digital Cartel’s discretion) subject to normal billable hours at Digital Cartel’s standard hourly rate.
  29. The client is expected to test fully any application or programming relating to a site developed by Digital Cartel before being made generally available for use.
  30. All quotations include the minimum total hours required for the project. Quotations are based on the information provided at the time of quoting and may be subject to change if additional work is required.
  31. The cost for stock photography is not included within our quotes. Please budget for an additional $25 for ‘web ready’ and $50 for ‘print ready stock photos (per image). Unless otherwise agreed in writing as part of the project scope, requests to ‘prepare’ more than 20 images will be considered quotable at the standard Digital Cartel hourly rate.
  32. Although Digital Cartel are leaders in internet marketing, due to the nature of search engines we are unable to guarantee any specific search engine placement. We can though, guarantee increased traffic from our professional services.
  33. Search Engine Optimisation services are not included within website development quotes unless otherwise agreed
  34. The client shall be responsible for researching, obtaining, and filing all trademark, copyright, patent, or other intellectual property protections for the website, its look and feel, any logos, any imagery, any ‘tag lines’ or any other web site content or documentation designed or developed by Digital Cartel.
  35. The customer agrees to fully indemnify and hold Digital Cartel free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permission.
  36. The purchaser is deemed to have read and accepted these terms and conditions on receipt of payment by Digital Cartel.
  37. These Terms and Conditions supersede all previous representations, contracts, understandings or agreements, unless specifically agreed otherwise by both Parties, in writing.
  38. Digital Cartel reserves the right to revise its terms and conditions at any time.