Website Terms and Conditions of Use
1. About the Website
1.1 Welcome to www.GANZCreative.com.au (the ‘Website‘). The Website provides website design and development services, search engine optimisation services, website content production and business logo design packages. (the ‘Services‘).
1.2 The Website is operated by GANZ Creative (ABN 96 150 185 952). Access to and use of the Website, or any of its associated Services, is provided by GANZ Creative. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and / or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or the Services, immediately.
1.3 GANZ Creative reserves the right to review and change any of the Terms by updating this page at its sole discretion. When GANZ Creative updates the Terms, it will use reasonable endeavours to provide you with a notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms, whenever this option is made available to you by GANZ Creative in the user interface or product purchasing process.
3. Registration to purchase the Services
3.1 In order to purchase the Services of GANZ Creative, you must agree to register an account through the Website (the ‘Account‘). As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
a) Account Username
b) Account Password
c) First & Last Name
d) Business Name
e) Telephone Number
f) Email Address
g) Mailing Address
3.2 You warrant that any information you give to GANZ Creative in the course of completing the registration process will always be accurate, correct and up to date.
3.3 Once you have completed the registration process, you will be a registered customer of the Website (‘Customer‘) and agree to be bound by the Terms.
3.4 You may not purchase the Services and you may not accept the Terms if:
a) you are not of legal age to form a binding contract with GANZ Creative; or
b) you are a person barred from receiving the Services under the laws of Australia or other countries, including the country in which you are resident, or from which you use the Services.
4. Your obligations as a Customer
4.1 As a Customer, you agree to comply with the following:
a) you will purchase the Services only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
b) you have the sole responsibility for protecting the confidentiality of your password and / or email address. Use of your password by any other person may result in the immediate cancellation of your Account;
c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify GANZ Creative of any unauthorised use of your password or email address or any breach of security of which you have become aware;
d) access and use of the Website is limited, and allows for the sole use of the Website by you for the purposes of GANZ Creative providing the Services;
e) you will not use the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of GANZ Creative;
f) you will not use the Website for any illegal and / or unauthorised use, which includes collecting email addresses of Customers by electronic or other means for the purpose of sending unsolicited emails, or unauthorised framing of or linking to the Website;
g) you acknowledge and agree that any automated use of the Website is prohibited.
5. Purchasing The Services
5.1 All of the Services listed on the Website are subject to availability. GANZ Creative reserves the right to discontinue, cancel or refund any Service at any time, without notice or reason.
5.2 In making a purchase of the Services through the Website, you will agree to the payment of the purchase price listed on the Website for the Services (the ‘Purchase Price‘).
5.3 Following payment of the Purchase Price being confirmed by GANZ Creative, you will be issued with a receipt to confirm that the payment has been received, and GANZ Creative may record your purchase details for future use.
6. Payment For The Services
6.1 Where the option is given to you, you may make payment for the Services (the ‘Services Fee‘) by way of:
a) Credit Card Payment (‘Credit Card’)
b) PayPal (‘PayPal’)
c) Electronic funds transfer (‘EFT’) into our nominated bank account
6.2 All online payments made in the course of your purchase of the Services are made using Stripe or PayPal. In using the Website, or when making any payment in relation to your purchase of the Services, you warrant that you have read, understood and agree to be bound by the Stripe or PayPal terms and conditions which are available on their websites.
6.3 You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution, or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
6.4 You agree and acknowledge that GANZ Creative can vary the Services Fee at any time.
7. Providing The Services, Additional Services & Delivery
7.1 Service Descriptions:
The Services are to be provided to the Customer as per the Service descriptions listed on the Website.
7.2 Initial Concept Design:
All website development services must go through a specific design process which allows GANZ Creative to complete the Services in a timely and efficient manner. Once the initial phases of the process have been completed, the Customer will be presented with an Initial Design Concept (the ‘Initial Design Concept’) for their website. The Customer agrees that following approval of the Initial Design Concept by them, no further changes can be made to the overall structure or design of the website, outside of the minor revision rounds that are included in the Services.
7.3 Additional Services Required:
If the Customer requires any additions to the scope and nature of the Services to be provided, or requires additional elements which GANZ Creative advises require additional time, material or resources (‘Additional Services’), such requests will occur as follows:
a) the Customer will immediately notify GANZ Creative of any Additional Services it requires;
b) following this notification, GANZ Creative will confirm with the Customer in writing, the additional Services the Customer has requested, as understood by GANZ Creative, and the additional Service Fees (‘Additional Service Fees’) required to undertake such Additional Services; and
c) if the Customer agrees to:
i. the Additional Services; and
ii. pays the Additional Service Fees in advance,
the Services will be varied to include such changes as set out in the written confirmation provided by GANZ Creative pursuant to this clause.
7.4 Service Delays:
GANZ Creative will use reasonable endeavours to comply with the delivery timeframes specified in the Services description. In the event that GANZ Creative becomes aware of a possible delay in the delivery of the Services, it will immediately notify the Customer in writing of:
a) the cause of the delay; and
b) the estimated date of completion.
7.5 Testing & Acceptance:
Upon completion of the Services, GANZ Creative will perform various tests on behalf of the Customer (the ‘Tests’);
a) once the Tests have been completed by GANZ Creative, the Customer will be notified in writing (‘Test Completion Notification‘).
b) upon receiving a Test Completion Notification from GANZ Creative, the Customer must confirm the acceptance of the Services that have been provided (‘Acceptance Confirmation’), or notify GANZ Creative in writing that the Services require additional maintenance (‘Testing Maintenance Request’).
c) GANZ Creative will complete all Testing Maintenance Requests required by the Customer, in accordance with the confines of these terms, and in alignment with the number of revision rounds allocated to the Services which have been purchase by the Customer.
7.6 Final Delivery:
Once an Acceptance Confirmation has been provided and received, the completed Services will then be officially delivered to the Customer by way of, either;
b) File transfer, or
c) Web server upload
The following items, unless specifically advertised otherwise, are not included in the Services and, where required, must be arranged in addition to the Services at the Customers expense. In the event that the items listed below are required to complete the Services, GANZ Creative will request approval and consent from the Customer in advance;
a) Domain Name Registration
b) Website Hosting
c) Software & Plugin Licensing Fees (Special Requests)
d) Website Content
e) Image, Video & Audio Files
f) Website Modules, Elements and Functions that are not specifically included in the Service descriptions listed on the Website.
8. Subscriptions Services
8.1 All subscription Services which are purchased on the Website carry a minimum subscription term of 6-months from the date that the Service Fee has been paid, unless specifically advertised otherwise.
8.2 The time spent on the design and development of the Services is included in the Purchase Price. Any and all delays cause by the Customer in the design and development of the Services are not the responsibility of GANZ Creative, and as such, no discounts or refunds will be granted.
9. On-Going Website Maintenance
GANZ Creative will not provide complimentary website maintenance as part of the Services provided to the Customer, once an Acceptance Confirmation has been received, unless specifically advertised otherwise. Any request for on-going website maintenance must be arranged and purchased by the Customer as a new Service. This includes, but is not limited to, adjustments to the website design or structure, the alteration of website content and images, the installation and updating of plugins and software which is used by the website, and the addition of new functionality.
In the event the Service purchased by the customer includes basic website management (‘Basic Website Management Services‘), these Services will be provided by GANZ Creative, as per the Service descriptions listed on the Website. All other Services that are not specifically listed in the Services descriptions are not included in the Basic Website Management Services. Services which are specifically excluded from the Basic Website Management Services include, but are not limited to, new webpage design, new webpage template design, new webpage element design, the installation of new website functionality which is not specifically included in the Service description, website content production, business logo design, the supply of images which are not specifically included in the Service description, e-commerce product editing, e-commerce product category editing, and blog post uploads.
10. Website Content, Images and Business Logos
10.1 The Customer will provide all website content, images and logos (‘Customer Content‘) which are required for the completion of the Services. All Customer Content will be provided in a form suitable for its incorporation into the Website without any modification by GANZ Creative.
10.2 If any person makes any claim alleging that the Customer Content or any use of it by GANZ Creative in accordance with this Agreement, infringes any Intellectual Property Rights or any other rights of any person, the Customer must indemnify and hold harmless GANZ Creative from and against any such claim, and from and against any loss (including reasonable legal fees) arising in connection with the claim.
11. Refund Policy
11.1 Refund Policy:
GANZ Creative will only refund the Services Fee paid by the Customer in the event they are unable to continue to provide the Services, or if GANZ Creative makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund‘).
11.1 Money Back Guarantee:
In the event any of the Services on the Website reference a Money Back Guarantee (the ‘Money Back Guarantee’), said Money Back Guarantee will only remain valid until the Acceptance Confirmation has been received. Once the Acceptance Confirmation has been received by GANZ Creative, and the Services have been finalised and completed, the Money Back Guarantee will no longer be available to the Customer.
12. Copyright and Intellectual Property
12.1 The Customer acknowledges that all existing and future Intellectual Property Rights in the Services, including the website design, development files, and content provided under the Terms, other than the content provided by the Customer, will vest in GANZ Creative.
12.2 GANZ Creative grants the Customer a non-exclusive licence to use the Services in the form they are provided, and for the purpose of which they were intended, for the duration of the Service which has been purchased on the Website, or for the duration of the subscription Service which has been purchased on the Website. In the event that the Customer terminates any Service or subscription Service, all licences to use the Intellectual Property for that Service will also terminate.
12.3 In the event that the Customer terminates any Service, or any subscription Service purchased on the Website, the Customer reserves the right to purchase the Intellectual Property Rights to that Service from GANZ Creative, including the website design, development files, and content provided by GANZ Creative, for the amount of $2999.95.
12.4 The Website, the Services listed on the Website, and all of the related products of GANZ Creative are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services, as well as the compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, website code, scripts, design elements and interactive features) (the ‘Content‘) are owned or controlled for these purposes, and are reserved by GANZ Creative or its contributors.
12.5 GANZ Creative retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
12.6 You may not, without the prior written permission of GANZ Creative and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
14. General Disclaimer
14.1 You acknowledge that GANZ Creative does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than provided for pursuant to these Terms.
14.2 GANZ Creative will make every effort to ensure each Service is accurately described and depicted on the Website. However, you acknowledge that mistakes can happen and some of the Services provided may slightly differ from what is described or displayed on the Website.
14.3 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
14.4 Subject to this clause, and to the extent permitted by law:
a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
b) GANZ Creative will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
14.5 Use of the Website and the purchase of the Services is at your own risk. Everything on the Website, as well as the Services provided to you are “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of GANZ Creative make any express or implied representation or warranty about the Services, or any products or Services (including the products or Services of GANZ Creative) referred to on the Website, including (but not restricted to) loss or damage you might suffer as a result of any of the following:
a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
c) costs incurred as a result of you using the Website, the Services or any of the products of GANZ Creative; and
d) the Services or operation in respect to links which are provided for your convenience.
15. Limitation of liability
15.1 GANZ Creative’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
15.2 You expressly understand and agree that GANZ Creative, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
16. Termination of Contract
16.1 The Terms will continue to apply until terminated, in its sole discretion, by GANZ Creative as set out below.
16.2 GANZ Creative may at any time, terminate the Terms with you if:
a) you have breached any provision of the Terms or intend to breach any provision;
b) any member of the GANZ Creative staff or extended team are harassed, threatened, degraded, insulted, pressured, intimidated, or made to feel uncomfortable by you, or any representative of your business, at any time.
c) GANZ Creative is required to do so by law;
d) the provision of the Services to you by GANZ Creative is, in the opinion of GANZ Creative, no longer commercially viable.
16.3 In the event that GANZ Creative terminates the Terms with the Customer, any Services currently hosted on servers provided by GANZ Creative, or its affiliates, will be transfered to a suitable and matching hosting server, with access to be provided by the Customer within 7 days. In the event that access to a suitable and matching hosting server is not provided by the Customer within 7 days, GANZ Creative reserves the right to remove the Services from their hosting servers, and provide all files to the Customer by the way of a downloadable link.
16.4 Subject to local applicable laws, GANZ Creative reserves the right to discontinue or cancel your Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice, if you breach any provision of the Terms or any applicable law, or if your conduct impacts GANZ Creative’s name or reputation or violates the rights of those of another party.
16.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and GANZ Creative have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
17.1 You agree to indemnify GANZ Creative, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your Customer Content;
b) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Trademark or Copyright Infringement made by the Customer;
c) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and / or
d) any breach of the Terms.
18. Dispute Resolution
If a dispute arises out of or relating to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or the Conflict Resolution Service, or his or her nominee;
c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation, and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
d) The mediation will be held in Brisbane, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
18.5 Termination of Mediation:
If 28 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
19. Venue and Jurisdiction
The Services offered by GANZ Creative are intended to be purchased by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
20. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby, shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
21. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.