DGreat Solutions’ Terms & Conditions
DGreat Group Pty Ltd (“DGreat Solutions”) agrees to provide web design services to the customer, subject to the following Terms and Conditions.
1. Customer Information
The customer warrants that all information provided to DGreat Solutions is accurate and up to date and that the customer is legally empowered to act and enter into a contract of service with DGreat Solutions as the customer or on behalf of the customer.
2. Acceptance of Quote
Acceptance of our quote will constitute acceptance of all Terms & Conditions of DGreat Solutions. Acceptance of this quote must take the form of written acceptance and signature, acknowledging the date, total cost. This can also be executed via email, but must state acceptance in no uncertain terms.
3. Payment of Deposit
Payment of the deposit as stated in 8. (below) can also constitute acceptance of the quote and all related Terms & Conditions.
4. Variations from Quote
This quote is merely an indication of total cost and DGreat Group Pty Ltd reserve the right to modify any aspect of the quote, including total cost, at any time.
5. Errors and Omissions
Any errors or omissions that are made by DGreat Group Pty Ltd, that had been proofed by the customer are the fault of the customer and the customer is solely responsible.
6. Finalisation of Project
Upon finalisation of the Services the Customer has 7 (seven) days (weekends and public holidays inclusive) to assess the final product. No major variations or modifications will be made, however minor corrections (as defined by Dgreat Solutions on a case-by-case basis) may be made at no charge.
7. Service Period
After this period, the services are considered executed and any and all changes are to be charged at the standard rate.
A 20% deposit of the stated service charges is required for DGreat Solutions to commence work for the customer. The balance of the service charges is due on or before the due date stated on any invoice received from DGreat Solutions. The accepted methods of payment are cash, cheque or direct bank deposit.
- Should the customer default in the payment of any invoice due under this agreement, then all invoice due to DGreat Solutions will become due and payable within seven days of the date of demand. DGreat Solutions shall be entitled to charge interest on all amounts not paid by the due date for payment and the customer undertakes to pay any interest so charged. Interest will be charged on a daily basis from the due date of payment at 1.5% per month or part thereof.
Interest will be charged at a rate of 10% on any amount which remains unpaid by the customer after the due date. If payment for services is not received within 90 days after the due date, the account will be forwarded to a debt collection agency and the customer will be liable for any fees or charges which result from this action.
10. Service Time
Whilst DGreat Solutions will use our best endeavors to provide services in a timely manner, all completion and delivery dates are estimates only and the customer agrees that the DGreat Solutions will not be responsible or liable for any loss of whatever kind (including consequential loss or loss of profit) suffered by the customer which occurs as a result of a delay in service.
11. Intellectual Property
Any material whatsoever which may be subject to any form of trademark or copyright that is displayed as part of the website supplied to the customer is to be supplied by the customer or related parties who warrant to have obtained all proper consent necessary for use of such material.
12. Website Content
Customer agrees to supply DGreat Solutions with all required contents for the design and development of website. Content must be properly structured as requested by DGreat Solutions. In the event where customer requests for website content from DGreat Solutions, further charges will be applied accordingly.
13. Title & Risk
Risk passes to the customer upon delivery(website migrate to customer’s server) of the goods and services. The goods and services shall remain the property of DGreat Group Pty Ltd until all debts of the customer due are paid in full.
14. Failure to Pay
If the customer fails to pay the debt owed by the due date for payment, DGreat Group Pty Ltd reserves the right to reclaim possession of the goods (website).
The Customer shall indemnify DGreat Group Pty Ltd against any loss or expense arising from the Customer breaching this contract.
The Customer agrees to indemnify and hold harmless Dgreat Solutions and the employees and agents of Dgreat Solutions against any liabilities, costs, expenses, penalties, proceedings or judgments whatsoever which arise out of or in connection with the Customer’s use of the Services.
16. Liability Limitation
DGreat Solutions accept liability to the customer for any rights that the customer may have under the Trade Practices Act 1974 where not to do would be illegal. Otherwise, DGreat Solutions excludes all conditions & warranties which may be implied into the contract between the customer and DGreat Solutions and limits their liability for any non-excludable conditions and warranties, where permitted by law to do so, to the supply of the services again or the payment of the cost of having the services supplied again.
17. Data Backup
The customer agrees that any customer data provided to DGreat Solutions in relation to the provision of the services is the customer’s responsibility. The customer agrees that they will not hold DGreat Solutions responsible or liable for any loss of or damage to any data held on a customer’s account.
18. Service Termination
DGreat Solutions reserve the right to terminate any on going service(s) if any of the above Terms and Conditions are breached by the customer.