Terms and Conditions — Bobbie Jo Designs

DEFINITIONS

Brand (or Branding) means the creation of elements associated with a brand, including but not limited to the name, logo, design and other symbolic elements such as colour and visuals, which combine to create a distinctive identity.

Collateral means the collection of media, images and other material that supports the Brand and Design of the Brand.

Commencement Date means the date so specified in the schedule to the Proposal.

Confidential Information includes information which:

(a) is disclosed to you in connection with this Contract at any time;

(b) is prepared or produced under or in connection with this Contract at any time;

(d) relates to the subject matter of, the terms of and/or any transactions contemplated by this Contract,

whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever you receive that information.

Contract means this document, including the Proposal and the Terms.

Design Content means our creation of your design content, either in digital or print form or both. Design Content may include videos, audios, copywriting, blog posts, publications, packaging, posters, signage, graphics and any other type of content designed for you as part of our Services.

Design means the creation of symbols, images, colour and text to form a visual representation of a Brand through ideas and messages.

GST means:

(a) the same as in the GST Law;

(b) any other goods and services tax, or any tax applying to this agreement in a similar way; and

GST Law means the same as “GST law” in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property Rights means copyright, trademark, design, patent, semiconductor or circuit layout rights relevant to, inter alia:

(a) textual, graphical, audio and other material displayed on the Website;

(b) screens, organisation, patents and operation or control features;

(d) Design

Internet means the worldwide connection of computer networks providing for the transmittal of electronic mail, online information, information retrieval and file transfer protocol.

Liability means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent.

Moral Right means:

(a) a right of attribution of authorship;

(b) a right not to have authorship falsely attributed;

(d) a right of a similar nature,

which is conferred by statute, and which exists or comes to exist anywhere in the world in a deliverable form comprised within this agreement.

Price means the fees and other charges payable by the Customer to the Supplier for the Services in Australian Dollars ($AUS), as specified in the Proposal and extends to any third party software fees, plugins or other disbursements or materials purchased on behalf of a Client and billed to them.

Services means the Services and Scope set out in the Proposal.

Third Party Materials means textual, graphical, audio or like materials, together with any software, which is incorporated into the Website and/ or designed elements/ Collateral.

Third Party Platform means any other person or organisations device, platform, application, operating system, website, platform as a service, infrastructure as a service, cloud service or similar service

Website means the location accessible on the Internet through the World Wide Web and which provides multimedia content via a graphical user interface.

World Wide Web means a method of representing and obtaining graphical data and linking data items used by Internet users.

TERMS AND CONDITIONS - PRODUCTS

This website and products are owned and operated by Bobbie-Jo Designs [ABN: 21 866 367 852] and will be referred to as "we", "our", and "us" in this Terms and Conditions document. By purchasing our products, you agree to these Terms and Conditions as set out below. If you do not wish to be bound by these terms and conditions, you should not purchase our products or services.

You must ensure that the personal information you provide is accurate and complete. All ordering or enquiry details (where applicable) contain your correct name, address, and other submitted details. For more information about how we handle your personal information, please read our privacy policy.

DIGITAL PRODUCTS

Upon purchase of a downloadable product from this Site, you will receive an email with a link to complete the purchase of your product including, where applicable, a direct download for your product.

Products may be available on this Site without a need to purchase or download them. You agree and accept full responsibility and risk for downloading and using these products. You agree that you will indemnify and hold harmless, Bobbie-Jo Designs and all our related entities and personnel, against liability for any harm or loss caused by the downloading and use of these products.

You agree that it is your responsibility to ensure that you have the appropriate programs and hardware available to access and use the downloadable products and that this is not a reason for which we can offer a refund.

REFUNDS FOR ONLINE DIGITAL PRODUCTS

Due to the nature of digital products, any orders received and processed by us for digital products available to be purchased online has a strict NO REFUND/RETURN/EXCHANGE POLICY. Where we send the wrong digital product we will send you the correct digital product and where the link provided to download is not working, we will send you the digital product direct or via a revised link at no extra cost.

PLACEMENT OF ORDER

COLOUR REPRODUCTION MAY NOT BE EXACTLY AS SEEN ON SCREEN. We take no responsibility for this variance. Once an order is submitted, no changes can be made. This includes the product or the delivery address. Please check all details carefully before submitting.

TURNAROUND TIME

Please allow 5-7 working days for Stationery products to be processed plus delivery.

DELIVERY TERMS

All orders will be sent via Australia Post. We will not be held responsible for the delivery time frame by the above mentioned or the condition of your order with which it arrives.

PAYMENT TERMS

We request payment to be made IN FULL upfront for all orders. Upon payment confirmation, we will send your order to production. All payments are non-refundable and non-transferable.

RETURNS AND REFUNDS

No returns or refunds will be made.

NATURE OF BUSINESS

We are a solely owned and operated Australian company. Our products are available directly to the general public.

COPYRIGHT

All stationery content and designs on our website are solely owned by us and protected by intellectual property rights. Therefore, you must not duplicate or reproduce any designs without written permission from us.

YOUR PRIVACY

We are committed to safeguarding your privacy. We take this seriously and will not use your personal information for any other purpose (unless required by law) for any other purpose than the one it was given. You will only be added to our mailing list if you agree to this. You can opt out of this at any time by sending an email and stating opt-out of the mailing list.

SHIPPING POLICY

DOMESTIC ORDERS

All standard domestic orders are sent in a tracked satchel at a flat rate of $10.00 via Australia Post. (5-7 business days in once shipped)

Express shipping Australia-wide is available for $15.00 (3-5 business days once shipped)

INTERNATIONAL ORDERS

We ship internationally. For international orders, please select your specific region at checkout for a shipping quote. If your area is not listed, please contact us to arrange shipping.

Please see selected international rates (listed in AUD) below for standard tracked shipping (10-15 business days once shipped).

New Zealand = $15.00 AUD

UK = $20.00 AUD

We try our best to ship dispatch orders within 36 hours of purchase. However, due to our location in rural Australia, please allow up to 5 business days for your parcel to be shipped.

SHIPPING ISSUES

All customers will receive an email notification once their order has been shipped with an Australia Post tracking number. If you have not received this automated email, please double check your junk/spam folder & contact Bobbie-Jo Designs for further assistance. If you are concerned about your order's whereabouts, please contact Australia Post directly and quote your tracking number.

Please note Bobbie-Jo Designs is not liable for compensation of parcels that have been delayed, damaged, or lost in transit. Bobbie-Jo Designs is not responsible for parcels once they have been shipped. Please ensure your delivery information is correct before submitting your order, as we cannot redirect mail if incorrect postal details have been provided.

TERMS AND CONDITIONS - SERVICES

GENERAL

Please read the below terms carefully. By engaging Bobbie-Jo Designs, you agree to our Terms and Conditions. The Terms and Conditions herein will be valid and binding as of the date of signing and will continue to be valid and binding until both the Client and Bobbie-Jo Designs agree in writing that services of Bobbie-Jo Designs are no longer required. The below conditions will apply to all individuals, businesses, or companies ("Client") who engages the services of Bobbie-Jo Designs, its contractors or sub-contractors unless otherwise agreed in writing by both parties.

2. COMMENCEMENT

(a) This Contract takes effect on and from the date on which this Contract is accepted in accordance with its terms (Effective Date), with Services to commence on the Commencement Date as set out in the Proposal.

(b) You may not make any cancellations after the Effective Date, other than in accordance with these Terms. Subject to the terms of this Contract, we will proceed with the provision of the Services within a reasonable time after the Effective Date, and having reference to the Commencement Date.

3. OUR OBLIGATIONS

(a) In consideration of you paying us the Price, we will provide the Services in accordance with this Proposal and these Terms, whether ourselves or through our employees, consultants, suppliers, subcontractors or agents (Personnel).

(b) If this Contract specifies a timeline process and stages of work, the Services will be provided in accordance with the process set out in the Summary. You acknowledge and agree that this timeline is an estimate only and creates no obligation on us to provide the Services by that time. Further, you acknowledge and agree that any such time estimate is subject to you fulfilling your obligations in accordance with clause 4 of this Contract. If you do not fulfil your obligations to provide us with all materials and instructions to complete the Services we reserve the right to charge a rescheduling fee, postpone or terminate this Contract at our discretion.

(c) While we will communicate with you via email and other electronic methods, we shall not be liable if an email or other electronic message is intercepted and your personal or sensitive information is stolen by a third party.

(d) You may request a change to the Services, or additional Services not covered by the Scope, by providing written notice to us (Variation Request). We will not be obliged to comply with the Variation Request until:

(i) we have confirmed our acceptance of the Variation Request in writing, including any required variation to the Price to perform the Variation Request (Price Variation);

(ii) the Price has been adjusted to reflect the Price Variation; and

(iii) you have paid us the Price (as adjusted by the Price Variation) in accordance with the Payment Terms.

(e) The Scope for the Services may contain parameters around the number of revisions that you receive for any Branding or Design Content created for you. Any additional revisions that are provided outside of any set parameters will be at our sole discretion and we reserve the right to view additional revisions as a Variation that may incur additional fees.

(f) If there is a problem with the Services which is caused by a breach of this Contract by us (Omission), and you have notified us of the Omission within 24 hours after completion of the Services, then, to the maximum extent permitted by law, our Liability arising from, or in connection with, the Omission will be limited to us remedying the Omission, or, at our absolute discretion, refunding you that portion of the Price paid by you with respect to the Omission.

(g) Nothing in this clause will affect our right to exercise our own judgment and utilise our creative skills as we consider most appropriate in order to produce your Design Content.

4. YOUR OBLIGATIONS

Under these Terms you have the following responsibilities:

(a) you must comply with this Contract and all of our reasonable requests or requirements;

(b) you must provide your feedback within any time period reasonably required by us (Feedback). If no such Feedback is received within our specified time period we will assume that you approve of all elements of the Design and proceed to the next stage (as applicable) on that basis;

(c) you must provide us with access to any third party platforms such as websites if required for us to provide you with the Services;

(d) you must obtain, and provide to us:

(i) all things reasonably necessary to enable us to provide the Services, including disclosure of all information we require to complete the Services;

(ii) all logos, photographs, designs, graphic, copywriting and related materials to be incorporated into the Design Content, Collateral or Brand in the specific formats that we require it in; and

(iii) all other information, ideas or suggestions that are to be expressly considered by us in creating your Design Content, Collateral or Brand.

5. PAYMENT

(a) You must pay us the Price, all disbursements (including travel and accommodation costs and third party costs incurred by us in the provision of the Services), and any other amounts payable to us under this Contract in accordance with the Payment Terms.

(b) You acknowledge that payment may be made through third party platforms (such as Stripe) and such third parties may have terms and conditions that you must agree to.

(c) If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion) immediately cease providing the Services and/or charge you interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly.

6. GST

(a) Words defined in the GST Law have the same meaning in this clause, unless the context makes it clear that a different meaning is intended.

(b) In addition to paying the Charges and any other amount payable or in connection with this agreement (which is exclusive of GST), the Customer will:

(i) pay to the Supplier an amount equal to any GST payable from any supply by the Supplier in respect of which the Charges or any other amount is payable under this agreement; and

(ii) make such payment either on the date when the Charges are due or within three (3) days after the Customer is issued with a tax invoice, whichever is the latter.

7. DESIGN CONTENT, DESIGN AND BRANDING

(a) With regard to Design Content, Design and Branding:

(i) The ownership of Design Content, Design, Brand and Collateral are set out in clause 8, Intellectual Property Rights.

(ii) No open or original Design files will be submitted to you, unless a further agreement is reached between the parties.

(iii) Any mock or draft Designs or Design Content (Drafts) supplied to you by us remain our property and we reserve the right to use them in our portfolio and/ or marketing of any type. This includes Designs, Branding or Design Content that you choose not to use.

(iv) We reserve the right to use any Drafts that have not been used by you on our website, on social media, in any type of marketing or in our portfolio entirely at our discretion. You agree there is no assignment of intellectual property rights in any Drafts or ideas discussed between us and any Drafts rejected by you

(v) We may issue Drafts to you for your approval and/or feedback (Feedback). Feedback must be provided in accordance with your obligations under Clause 4(b). If we fail to receive Feedback, we will assume that the Drafts are satisfactory and proceed to the next stage of our Services.

(vi) You remain responsible for the final proofing of Drafts (including any Design Content and all other material we create for you before publishing). You acknowledge and agree that by virtue of proofing all Drafts before it is used in any way by you, that you have that sole responsibility and we will not be held liable for any errors after the proofing has taken place.

(b) In the event we are providing website maintenance services as part of our Scope, the following will apply:

(i) unless otherwise agreed, we do not include website development or installation of your website to the Internet as part of our scope; and

(ii) we may require access to and you must provide us with access to your Website Contact Management System (CMS) in order for us to provide our Services.

8. INTELLECTUAL PROPERTY RIGHTS

(a) Subject to clause 8(b) and payment of the Price, Intellectual Property Rights in the Design, Branding, Design Content and/ or Collateral will vest in you. Until such time as the Price is paid in full, we will retain ownership and full copyright and Moral Rights in any Design, Collateral, Design Content or Branding prepared for you.

(b) Regardless of clause 8(a), you acknowledge that there is no assignment of Intellectual Property Rights in:

(i) any pre-existing material (including but not limited to our software, documentation, templates and data) which is incorporated into or which has been used in the development of your Design, Design Content or Branding; and

(ii) any Drafts shown or prepared for you in the course of the Services which you have rejected or have decided not to use.

(i) any material supplied to us for use in your Designs, Design Content or Branding is provided with all necessary permission, authorisations, licenses and consents in relation to its use and incorporation into the Design materials;

(ii) you will be responsible for payment of all royalties or licence fees associated with the use of a third party's intellectual property rights in connection with your Branding and Design Content; and

(iii) You will in fully indemnify us against any loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by a third party against us alleging that your use of the Branding and such materials within your Branding and Design Content infringes any such Intellectual Property Rights of any person, noting the permissions set out above.

(d) Without limiting the generality of the previously mentioned subclauses, if it is determined by any independent tribunal of fact or law or if it is agreed between the parties to the dispute that an infringement of Intellectual Property Rights has occurred, we will at our sole expense:

(i) modify the Design Content in order to avoid continuing infringement; or

(ii) procure for you the right to continue the use or possession of the infringing Design Content; or

(iii) if the solutions in either of the preceding paragraphs cannot be achieved, remove and discontinue the Design Content.

9. RELEASE FOR WEBSITE AND SOCIAL MEDIA USE

(a) By signing this Contract, you agree to permit your logo (even if we did not design it) and pictures of your website, graphic designs or brand and logo design in client pitches or displayed on our website and/ or social media pages, other marketing purposes, for our portfolio of completed work and any other use at our reasonable discretion.

(b) If you use our completed work in your social media pages, you agree to provide credit to us by tagging us in Instagram, Facebook, LinkedIn or other relevant social media platform.

10. USE OF THIRD PARTY PLATFORMS

(a) We may use Third Party Platforms to communicate with you and for other ancillary reasons connected to the Services.

(b) You agree and acknowledge that the use of such Third Party Platforms is on an ‘as is’ and ‘as available basis and we make no representations as to the fitness of the Third Party Platform for the intended purpose of the relevant Services or the safety or otherwise with respect to cyber security or any other aspect of any Third Party Platform, including data security or privacy.

(c) To the maximum extent permitted by law, we disclaim any express or implied warranty, whether oral or in writing, for the use of Third Party Platforms and in signing this Agreement and proceeding with our Proposal you acknowledge that you will not hold us liable for any failure of a Third Party Platform with respect to the Services, including for any breach of security or loss of data.

11. LIMITATIONS OF LIABILITY AND WARRANTIES

Despite anything to the contrary, to the maximum extent permitted by law:

(a) you warrant that you have not relied upon any warranty, representation, statement, offer or documentation made or provided by or on behalf of us, whether before or after the Effective Date;

(b) you agree that this Contract excludes all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in this Contract;

(c) you agree that our Services do not guarantee that you will be successful in increasing your earnings, improving the reach of sales of your brand or business or attracting more clients;

(d) our maximum aggregate Liability arising from or in connection with this Contract will be limited to, and will not exceed, the portion of the Price paid by you to us for the Services the subject of the relevant claim;

(e) we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:

(i) event or circumstance beyond our reasonable control;

(ii) acts or omissions of you or your Personnel;

(iii) defect, error, omission or lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Services; and/or

(iv) loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data; and

(f) you will indemnify us for and against all Liability arising from or in connection with any wrongful act or omission by you or your Personnel.

12. IMPLIED TERMS AND CONSUMER GUARANTEES

(a) Subject to clause 11(b), any condition or warranty, which would otherwise be implied in this agreement, is excluded.

(b) Liability of the Supplier for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51 to 53 of the Australian Consumer Law) is limited, in the case of services, to any one of the following as determined by the Supplier:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

13. TERMINATION

(a) Subject to Clause 13(b), this Contract will terminate upon written notice by:

(i) you at any time with 30 days’ notice;

(ii) us at any time with 30 days’ notice;

(iii) us, if you breach this Contract and that breach has not been remedied within 5 working days of being notified by us; or

(iv) you, if we breach a material term of this Contract and that breach has not been remedied or overcome within 15 working days of being notified by you.

(b) On termination of this Contract, you will:

(i) where this Contract is terminated under clause 13(a)(i), immediately pay to us any additional costs resulting from the termination and any cancellation fee required by us at the time. Services provided as part of monthly retainers (including 4, 6 or 12 monthly retainers) will incur a cancellation fee in accordance with the sliding scale below:

Cancellation Notice Month

Cancellation Fee

Within - the 1st month - None

From - the 2nd month onwards - 50% of the total Price of the remaining months

(ii) where this Contract is terminated under clause 13(a)(ii), immediately pay to us any costs resulting from the termination.

(iii) where this Contract is terminated under clause 13(a)(iii), immediately pay to us the Price and all of our additional costs resulting from the termination;

(iv) where this Contract is terminated under clause 13(a)(iv), immediately pay to us the Price for the Services performed up to the date of termination (and all other amounts due and payable to us under this Contract);

(v) immediately return to us all property, including Confidential Information, belonging to us or our Personnel; and

(vi) not use any intellectual property rights (including copyright) belonging to our Personnel or us

14. DISCLAIMER

You acknowledge and agree to use our Services on the following basis:

(a) while we do our best to assist your business in developing content (including Design Content) and to formulate design and branding strategies and transformations, you acknowledge that such strategies often require the participation of you and your staff members and the success of our Services may be affected by such variables;

(b) we use best endeavours to protect any data and information that you have provided us in the course of providing our Services, however we may be subject to third party hackers or other malware attacks. We are not liable for the loss of any of your data in this regard; and

(c) we do not guarantee better brand visibility, growth or profit for your business. While our Services may assist in this regard, it is ultimately your responsibility to continue with the implementation and marketing strategies we have provided to you.

15. CONFIDENTIALITY

(d) A party will not, without the prior written approval of the other party, disclose the other party's Confidential Information.

(e) A party will not be in breach of clause 15(a) in circumstances where it is legally compelled to disclose the other party's Confidential Information.

(f) Each party will take all reasonable steps to ensure that its employees and agents, and any sub-contractors engaged for the purposes of this agreement, do not make public or disclose the other party's Confidential Information.

(g) Despite any other provision of this clause, a party may disclose the terms of this agreement (other than Confidential Information of a technical nature) to its related companies, solicitors, auditors, insurers and accountants.

(h) This clause will survive the termination of this agreement.

16. NOTICES

Any notice given under this Contract must be in writing addressed to the relevant address in the Proposal. Any notice may be sent by standard post or email, and service is deemed to have taken place on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

17. RELATIONSHIP OF PARTIES

This Contract is not intended to create a partnership, joint venture or agency relationship between the parties.

18. ASSIGNMENT

Neither party will assign, whether in whole or part, the benefit of this agreement or any rights or obligations under this agreement, without the prior written consent of the other party.

19. ENTIRE AGREEMENT

This Contract contains the entire understanding and agreement between the parties in respect of its subject matter.

20. LAW

This agreement will be governed by and construed in accordance with the laws for the time being in force in the State of Queensland and the parties agree to submit to the jurisdiction of the courts and tribunals of that State.

21. WAIVER

No forbearance, delay or indulgence by a party in enforcing the provisions of this agreement will prejudice or restrict the rights of that party, nor will any waiver of those rights operate as a waiver of any subsequent breach.

22 . VARIATION

No variation of this agreement will be effective unless in writing and signed by both parties.

23. SEVERABILITY

Should any part of this agreement be or become invalid, that part will be severed from this agreement. Such invalidity will not affect the validity of the remaining provisions of the agreement.

24. DISPUTES

A party may not commence court proceedings relating to any dispute arising from, or in connection with, this Contract (Dispute) without first meeting with a senior representative of the other party to seek (in good faith) to resolve the Dispute (unless that party is seeking urgent interlocutory relief, or the Dispute relates to compliance with this clause).

25. SURVIVAL

Clauses 3(f), 8, 9, 10(b), 10(c), 11, 12, 13(b), 14 and 15 survive the termination of this Contract.

CONTACT US

If you have any questions about these Terms, please contact us:

By email: hi@bobbie-jodesigns.com.au

Last updated: 10 March 2022