Terms of Service/Trade
Please read the general terms and conditions of use (the 'Terms and Conditions') carefully before using the web site www.iwantthatdesign.com.au ('our Site')
By using our Site, you consent to being bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, please do not use our Site, service and/or product.
- 1.2 The contract Terms include all those statutory rights conferred on the customer which I Want That Design P/L in relation to a sale is not capable of excluding restricting or modifying.
1.3 Unless other terms are expressly accepted by I Want That Design P/L by a written amendment to the contract Terms signed by a Director of I Want That Design P/L, the Contract Terms shall apply to the exclusion of;
- 1.3.1 all prior discussions representations, understandings and arrangements;
1.3.2 all conditions and warranties (written or oral, express or implied) and other representations (contractual or otherwise);
- a. whether or not arising under statue, by implication of law by custom or usage; and
- b. whether or not endorsed or delivered with or referred to any order or other document delivered by the customer to I Want That Design P/L.
- 1.4 The customer’s general and special conditions only apply if and to the extent they have been accepted in writing by I Want That Design P/L.
- 2.1 Prices are subject to alteration without notice.
- 2.2 GST will apply to all prices.
- 3.1 Where 30 day terms are applicable, payment shall be made 30 days from completion of first issue.
- 3.2 There may be times where other payment time frames are stipulated, these may take precedent and ensure the payment is transacted on or before the due date stipulated on the invoice and/or relevant correspondence provided.
- 3.3 All payments are to be made on or before the due date as a condition precedent to future supplies under this or any other contract.
4. Late Payment
- 4.1 A late fee of $15.00 per invoice or 0.5% (whichever amount is greater) of the invoice amount will be applied for any overdue payments.
- 4.2 For ongoing overdue accounts, I Want That Design P/L may charge the customer an additional fee, being a rate of 2% per annum above the then overdraft interest rate charged by National Australia Bank.
- 5.1 I Want that Design P/L will endeavour to supply the goods, within the time agreed (if any) or within a reasonable time (in the absence of agreement), but shall not be liable for any loss or damage of any kind whatsoever caused directly or indirectly by any delay in delivery or failure to deliver. If delay or failure is caused by ‘force majeure’ or labour dispute I Want That Design P/L may suspend service supply or completion and/or terminate contract.
- 5.2 Should the customer instruct discontinuation of any work, goods and/or service ordered, I Want That Design will still be due and payable for the full amount owing for that service and/or goods.
- 5.3 Amendments, modifications, changes to goods after I Want That Design have completed and/or commenced, may incur additional costs and/or charges.
6. Property & Risk
- 6.1 No title to or ownership of the goods or service sold shall pass to the customer by reason of delivery or acceptance of the same.
- 6.2 I Want That Design P/L shall remain the absolute owner of the goods or service, and the customer will only have rights to use the goods or service as per 6.4 and 6.5 below, and in particular no rights for use is granted until goods or services have been paid in full to it by the customer.
- 6.3 Copyright, intellectual property of designs remain the ownership of I Want That Design
- 6.4 Designs for construction are for single use only, specific for the lot the design was ordered for, any replication of construction on other sites, or utilisation of design in whole or part for marketing will be subject to copyright laws, unless otherwise granted by I Want That Design Pty Ltd.
- 6.5 Marketing design material must be used with the permission of I Want That Design and paid for in full for its use. Any requirement to utilise I Want That Design marketing design material for plan documentation and/or construction will be subject to the I Want That Design pricing, terms and conditions.
7. Warranty & Liability
- 7.1 I Want That Design P/L shall in no circumstances be liable for any loss or damage of any kind whatsoever cause directly or indirectly by any omissions of the services supplied or by negligence of I Want That Design P/L or of any servant contractor or agent of I Want that Design P/L.
- 7.2 No person acting without the express written authority of a director of I Want That Design P/L any undertaking assertion statement, warranty admission or other representation in respect of the goods or service or their supply at variance with contract terms.
8. Governing Law
This contract shall be governed by and constructed in accordance with the laws in force in the state where the I Want That Design P/L office is (Queensland) with whom the customer contracts and the customer submit the jurisdiction of the courts of that state.
9. Copyright and Trade Marks Notice
We have and hold copyright in all Content contained on our Site and in the selection, arrangement and presentation of this Content (including information in the public domain) and overall design of our Site.
The trade marks, logos and service marks (collectively the 'Trade Marks') displayed on our Site to describe companies and their products are the registered Marks of this company or its associated companies.
Nothing obtained on our Site or in these Terms and Conditions should be construed as granting, by implication or otherwise, a license or any right to any party to use the Trade Marks and/or intellectual property without our written permission. The use of the Trade Marks and/or intellectual property displayed on our Site except as provided for in these Terms and Conditions is strictly prohibited.
To obtain more detailed use of plans, drawings (of any sort), specifications and designs, you must apply to us directly as required by the site material and licenses.
10. Viruses, Errors, Defects, Security and Interruptions
You acknowledge that access to our Site may be affected by matters beyond our control. We do not guarantee that the files contained in our Site, or the servers on which our Site are hosted are unaffected by viruses, errors, defects or will be accessible to users on a continuous or uninterrupted basis.
We do not guarantee that any viruses, errors or defects discovered to exist on our Site, or the servers on which they are hosted will be corrected. Users of our Site can do so at their own risk.
11. Limitations on Liability
Subject to any applicable law to the contrary, in relation to use or reliance on the Site, the Content, or the inability to use or rely on the Site, we:
exclude all liability to any party (including users and third parties);
will not be liable for any incidental, special or consequential damages, including (but not limited to) damages for loss of business or other profits, business interruption or loss of programs or information, even if we have notice of the possibility of such damage incurred as a direct or indirect use of our site and its contents.
You agree to indemnify us (and our employees, officers, managers, assistants, members and agents) from and against any and all claims and damages of any kind (including legal fees) arising out of or relating to your use of our Site, your beach of any provision of these terms and/or any intentional wrongdoing by you.
These Terms and Conditions are subject to any terms and conditions that cannot be excluded by law, including without limitation, those implied by the Trade Practices Act 1974 (Cth). In the event that we are liable for any damages arising out of the use of (or inability to use) our Site, liability is limited to the greatest extent permitted by law.
14. Governing Law and Jurisdiction
These Terms and Conditions are governed and construed in accordance with the laws of the State of Queensland and the Commonwealth of Australia. The State or Federal Courts located in Queensland will have the exclusive jurisdiction to hear and determine any claims or disputes arising out of or relating to these Terms and Conditions.
15. Updating or Modification of Terms and Conditions
We may amend, revise or update these Terms and Conditions by posting revised Terms and Conditions on our Site as and when we see fit. Your continued use of our Site, services and/or product constitutes acceptance of these revised Terms and Conditions.
16. Last Update
These Terms and conditions were last updated on 18.09.2014.
If you have any queries, comments, or concerns regarding these Terms and Conditions, you may contact us at firstname.lastname@example.org . Copyright © all rights reserved.