Terms & Conditions

All services provided by Pulp Vision to the Customer are subject to the following terms and conditions.

1. Acceptance

Engaging of Pulp Vision services by a Customer indicates agreement to and acceptance of these Terms and Conditions.

2. Charges

Charges for services to be provided by Pulp Vision are defined in the project proposal that the Customer receives. All Web site design services require an advance payment of a minimum of fifty (50) percent of the project proposal total when returning this signed agreement and before the work is supplied to the Customer for review.

The remaining fifty (50) percent of the project proposal total will be due upon completion of the work. Pulp Vision reserves the right to change the rates for ongoing maintenance services with thirty (30) days advance notification to the Customer.

Payment for services is due by check, cash or direct Deposit and should be remitted to Pulp Vision, P.O.Box 80,Tamborine, Qld, 4270.

3. Customer Review

Pulp Vision will provide the Customer with an opportunity to review the appearance and content of Web site materials once they are completed. Such materials will be deemed to be accepted and approved unless the Customer notifies Pulp Vision otherwise within ten (10) days of the date the materials are made available to the Customer.

4. Turnaround Time

Pulp Vision will install and publicly post the Customer's Web site by the date specified in the attached project proposal, or if no such date is specified, within ninety days of the date initial payment is received from the Customer, unless the Customer specifically requests a delay.

5. Payment Terms

Unless otherwise stated, the client will be invoiced for fifty percent (50%) of the total signed proposal and Pulp Vision requires this amount to be paid (cleared funds) before work will commence.

Pulp Vision will initially place the client's web site/custom application on a staging server in order that the client may view and comment upon the project. Once the client has approved the project (in writing) a final invoice will be presented.

Pulp Vision requires the client to pay the final amount within 7 days from the invoice date. Payment must be made in full before website/application is published “live” on the internet.Payments can be made by cheque or direct bank deposit.

6. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on Pulp Vision Web space, Pulp Vision will, at its discretion, remove all such material from its Web space. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer's account.

Checks returned for insufficient funds will be assessed a return charge of $25 and theCustomer's account will immediately be considered to be in default until full payment is received.Customers with accounts in default agree to pay Pulp Vision reasonable expenses, including attorney fees and costs for collection by third-party agencies, incurred by Pulp Vision in enforcing these Terms and Conditions.

7. Proposals & Quotations

All proposals and quotations supplied by Pulp Vision are valid for one month, unless stated otherwise.

Unless otherwise stated, the proposal and/or quotation are for custom applications, web-site design/maintenance and publication on a host server.For design and coding work to proceed, the client must agree to the proposal, in writing. A 50% deposit (cleared funds) will also be required

8. Termination

Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

9. Legal Restrictions

Pulp Vision services may be used for lawful purposes only. Submission, transmission, or maintenance of any information or materials in violation of any state or federal statutes and/or regulations is prohibited. This includes, but is not limited to, material legally judged to be threatening or obscene. Pulp Vision reserves the right to refuse service to the Customer without providing reason or cause.

10. Copyright

Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants Pulp Vision the rights to publish and use such material. Custom artwork and graphic logos designed by Pulp Vision for use in the Customer's Web presentation will remain the property of Pulp Vision; at its discretion, Pulp Vision will grant the Customer rights to use such material in formats other than Web presentations.

A separate agreement must be entered into, in the event that the Customer wishes to obtain all rights for custom artwork or graphic logos designed by Pulp Vision. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party.

The Customer is further responsible for granting Pulp Vision permission and rights for use of the same and agrees to indemnify and hold harmless Pulp Vision from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions.

Every contract for Web site design and/or placement shall be regarded as a guarantee by the Customer to Pulp Vision that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

11. Standard Media Delivery

Unless otherwise specified in the project proposal, this Agreement assumes that all text will be provided by the Customer in electronic format (delivered on floppy disk or via e-mail) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg or. tiff format. Additional expenses may be incurred and will be invoiced accordingly for corrective work, conversion of media or outside facility charges.

Although every reasonable attempt shall be made by Pulp Vision to return to the Customer any images or printed material provided for use in creation of the Customer's Web site, such return cannot be guaranteed.

12. Design Credit

A link to Pulp Vision will appear in either small type or by a small graphic at the bottom of all pages of the Customer's Web site. If a graphic is used, it will be design to fit in with the overall site design.

13. Access Requirements

If the Customer's Web site is to be installed on a third-party server, Pulp Vision must be granted temporary read/write access to the Customer's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

14. Right To Pull

The Customer agrees to give Pulp Vision "on demand" access to the Customer's installed Web site, and further agrees that Pulp Vision shall have the right to remove that site from public posting for failure to adhere to the terms of this Agreement, including violation of any licensing agreements or failure to pay fees duly assessed.

15. Post-Placement Alterations

Pulp Vision cannot accept responsibility for any alterations caused by a third party occurring to the Customer's pages once installed. Such alterations include, but are not limited to additions, modifications, or deletions.

16. Indemnity

The Customer agrees to indemnify and hold harmless Pulp Vision from any and all claims resulting from the Customer's use of Pulp Vision services, which cause damage to the Customer or a third party.

17. Disclaimer

Pulp Vision makes no warranties of any kind, whether express or implied, for the services it provides. Pulp Vision also disclaims any warranty of merchantability or fitness for a particular purpose. Pulp Vision will not be responsible for any direct, indirect or consequential damages, which may result from the use of its services including loss of data resulting from delays, non-delivery or interruption in service.

The Customer acknowledges and agrees that Pulp Vision cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond its control.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted, save only for any exceptions specifically outlined in the project proposal.

The Customer's signature below constitutes agreement to and acceptance of these Terms and Conditions. Pulp Vision reserves the right to change the terms and conditions of the acceptance of future orders for authoring and placement of the Customer's pages.

19. Refund Policy

Pulp Vision will repair, replace or refund any hardware purchases up to the point of our obligations under the law, plus any additional warranties specified by Pulp Vision elsewhere in writing. We do not provide refunds if you simply change your mind. Any prepaid credit can be refunded at any point up until that credit is used. Any service paid in advance of the provision of that service can be partially refunded for the portion of the service that has not yet been provided, under the condition that the CUSTOMER has not agreed to a fixed-term contract. If the CUSTOMER has agreed to a fixed-term contract, termination fees must be paid before any amount can be refunded.

20. Governing Law

The laws of Queensland shall govern this Agreement and the parties submit to the non-exclusive jurisdiction of the courts there and waive all objections to the jurisdiction and convenience of those courts.