Terms & conditions of services

The following Terms and Conditions of Service apply to all products and services provided by Life Digital.

Life Digital’s Terms and Conditions cannot be varied by any individual or entity unless there has been a prior written agreement between that individual or entity and Life Digital.

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. Life Digital reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of quote

By accepting Life Digital’s quote, you are entering a contractual agreement where you agree to pay the sum mentioned, in return for the stated products and services, subject to the provided terms and conditions.

You acknowledge that there may be additional charges in the event of:

  • A change the scope of the originally quoted products/services
  • Additional alterations requested by the client, over and above those included in the written quote

The client will be notified of additional charges by Life Digital and consent obtained by the client before additional work begins.

How to accept Life Digital's quoted work

To have Life Digital proceed with your project:

  • Read our full terms and conditions on this page
  • Email create@lifedigital.com.au with the following: “I have read and understood the information provided to me in quote number <insert your quote number and name here>. I wish to proceed with this project for the estimated amount of <amount>. I understand that any changes I request to the scope of this project may change the total project cost. I confirm I have read, understood and agree to Life Digital’s terms and conditions.”

Payment terms

Unless otherwise negotiated and stated in writing as part of your quote, projects require a 50% upfront deposit (20% non-refundable component). Your project will begin once your deposit payment has cleared.

The remainder of the project quote will be payable according to the provided payment schedule. In the case of website development, full administration access will be provided following the final payment.

Native files for printed artwork are not included in standard quotes. If you require native artwork at the conclusion of the project, please let us know so we can include that in your quote.

All costs contained in this estimate are in Australian Dollars (unless otherwise stated).

Key delivery dates

Key delivery dates specified in the quote for your project are estimates only and may change. In this event, Life Digital will advise you of the new delivery dates as soon as possible.

Where a client fails to deliver the material required as stated in the written quote, Life Digital reserves the right to re-negotiate delivery dates.

The inability to meet deadlines due to unforeseen circumstances or as a result of the client not meeting their deadlines / key delivery dates does not give the client grounds to terminate the contract or renegotiate fees.

Trademarks and business names

Life Digital requires the client to perform their own appropriate searches and investigation into the availability of any business name to ensure the name is not already in use. Life Digital will not be responsible for any legal action that may result from improper due diligence on the availability of a company name or image.

Project completion

A project will be deemed to be complete when all the terms have been met and the scope of work has been completed (or otherwise negotiated with the client). An email will be sent to you confirming the project's completion. You will be asked to respond to ensure you agree.

A final invoice will be issued (if there is an amount remaining).

Testimonials

At the completion of your project, Life Digital may ask you to provide us with a testimonial on the services / outcomes you received. We reserve the right to use any testimonial given to us for an undetermined period of time, on a variety of promotional vehicles including, but not limited to: the Life Digital website, brochures, electronic promotions, advertising etc.

Disputes

In some cases, during the course of the fulfillment of the contract, a dispute, misunderstanding or disagreement may arise. Life Digital is dedicated to ensuring your good will at all times, and follow a "Conflict Resolution Guide" to be used if such situations arise. If you require, please contact us for a copy of this guide.

Cancellation of contract

Clients wishing to cancel a signed contract before the contract completion, where work has begun, are required to pay the contract on a pro-rata basis - unless otherwise negotiated with Life Digital.

Before work has begun and a deposit paid, cancellation of projects may be made initially by telephone or e-mail. However, following this, Life Digital require formal notification in writing to the business postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of quote acceptance. The balance of monies due (if any) must be paid within seven (7) days.

Please note: any cancellation which is not formally confirmed in writing and received by Life Digital within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Any monies due to be refunded will be subject to a 5% administration/processing fee.

Copyright

At the completion of your project and on payment of all outstanding invoices, you will be granted copyright of the completed works. Life Digital reserves the right to use the completed works for promotional and business development purposes perpetually and without limitation.

Third-party sourced items (including but to limited to images, fonts, video, animation, templates etc.) are used under license which enables Life Digital to use these resources for any work we produce on our client's behalf. In general, you will be able to reprint the originally designed / produced item only – i.e. you can use them in their current format/layout on an ongoing basis. IMPORTANT: Changes can only be made by those holding the appropriate license/s – to do otherwise is a breach of the license agreement.

Life Digital is not able to provide our clients with any fonts or individual images for their use without the purchase of an appropriate license.

For detailed, specific terms and conditions regarding all externally sourced content, please read the detailed terms and conditions found on their respective websites.

Commercial plugin licences

All developer commercial licenses used on your website are the property of Life Digital. The website quoted price includes the use of those licenses for 12 months from the date of go-live or indefinitely as long as a maintenance plan is in effect. Life Digital owned licenses cannot be used if your website is redeveloped or changed substantially by a third party.

Website performance

Life Digital is not responsible for any performance issues including downtime that your website may experience due to hosting-related issues. Performance KPIs are measured at go-live only. Ongoing speed and performance of the website can be impacted by many factors including client changes after go-live, so Life Digital is not responsible for any changes in performance after go-live.

Where hosting is sourced and provided by the client, Life Digital is not responsible for any performance or other server related issues, and will not guarantee any KPIs for performance. Client-sourced hosting-related issues may result in additional costs if issues are experienced that need to be resolved.

Website hosting

Website hosting is organised under Life Digital's group account. If payment for hosting is not received by the date, your website hosting account will be suspended, with the addition of a password required to view the site. If payment is not received within 7 days of this date, your website hosting files will be deleted from our servers.

If your website has been suspended, there will be a $90+gst fee to reinstate the site. If your website has been deleted, your site will not be recoverable.

Domain names

Domain name purchases made on behalf of clients are deemed to be renewable each year unless written notification is received by the client at least two weeks prior to the date of the domain renewal. If written notification is not received by this time, the client will be liable to pay for the domain name renewal for another year.

Client-provided images and other material

Regarding any supplied text, images and other data to Life Digital for inclusion in the client’s project, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

The customer agrees to fully indemnify and hold Life Digital free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Acknowledgement and rights of use

We love what we do and reserve the right to use the material we produce for you to promote our services, unless your project is confidential in nature, or unless otherwise negotiated. Your acceptance of Life Digital's agreement will allow Life Digital to use screenshots and other instances of your artwork on our website and in other marketing material for promotional purposes - perpetually and without limitation.

Files provided to the client

Native files for printed artwork are not included in standard quotes. If you require native artwork at the conclusion of the project, please let us know so we can include that in your quote.

On full and final payment of the invoice, Life Digital will provide to you all appropriate final output/print ready files associated with the project. These are typically PDF files for print-ready artwork, or JPG, PNG, TIF or GIF files for digital use.

Files will be emailed to the client unless otherwise requested. No physical copy will be mailed unless otherwise requested. Physical copies of artwork on CD may be subject to postage and handling charges.

Disclaimer

While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. Any claim against Life Digital shall be limited to the relevant fee(s) paid by the customer.

Life Digital reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions.

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