TERMS OF TRADE
Supplied Files and Intellectual Property Rights
When supplying files to Omnific Design for use in your services, it is the client’s responsibility to ensure you are legally able to use these resources. This includes design files, logos, images or website programming and coding files.
You warrant that you are the exclusive owner or approved licensee of all the supplied files’ intellectual property. You agree to keep the appropriate records to demonstrate your ownership or license rights and supply such records to Omnific Design upon request. Omnific Design will not be liable for any intellectual property or copyright issues resulting from the use of the supplied files.
Stock photos purchased by Omnific Design are licensed to us only. They may be used in services that are created by us only. We cannot transfer any license of images and you do not have any rights to use, distribute or sell them.
The client agrees and hereby grants Omnific Design a non-exclusive, perpetual royalty-free licence for the purpose of showcasing any or all work created in the course of a services as part of the Omnific Design portfolio.
Website Design and Development
As part of your services, Omnific Design may use website software (including but not exclusive to systems, open-source software, plugins and extensions) from third-party providers (Third Party Materials). These Third Party Materials may also be customised, adapted or configured by third party web developers to meet your requirements. This means our third party web developers may require access to your files and website hosting account. You agree and consent to this access to files and website hosting accounts.
For your own peace of mind, we encourage clients to change any username and passwords provided at the completion of your services. Omnific Design is not liable for any security breaches due to your failure to change your username and passwords at the completion of your services and you hereby indemnify us from any loss or damage that may have arisen due to such a failure.
Maintenance and Support
Websites generally require ongoing maintenance and support. This may include updates, upgrades or any other changes. This maintenance and support is not a part of our services estimate or proposal unless otherwise indicated. It is important you check all features, functions and design at the completion of your services. Any further work will be invoiced in future as required.
You are deemed to have accepted the estimate for the services upon clicking the “ACCEPT” button.
Regular maintenance is also important to minimise the risk of hacking. While we take precaution in making our website files secure, it may be possible for hackers to find vulnerabilities in the website files. This is particularly important when we are using third-party software. We encourage clients to use passwords that are difficult to guess and keep these passwords in a safe place.
If you choose to have us manage your website hosting, please be informed that we use third party providers for our hosting. This means our providers will also have access to your website files and data.
Advice and Recommendations
While Omnific Design may give you advice and recommendations, any such advice and recommendations are based on our personal opinions, experience and what we believe will produce the best outcome for your business. We require all clients to make their own assessment of any advice given and obtain any professional advice they deem appropriate.
Estimates and payments
Confirmation of estimates and/or approval to proceed with the services via email correspondence or payment of any deposit or invoice for services or printing shall be deemed as full acceptance of all terms of trade.
Until full payment has been made, Omnific Design retains ownership of all files or parts generated for the services (other than material supplied by the client), whether preliminary or final.
The services deposit is non-refundable, and if a services is cancelled by the Client, for whatever reason, the deposit will serve as a cancellation fee. Along with a prorata payment based upon the time spent if it exceeds 50% of the estimated work. If a deposit was not paid, in the event of cancellation by the Client, the Client will be obligated to pay all fees and expenses associated with the work performed up to the date of cancellation calculated at our hourly rate for time spent on the services.
The client shall have 30 days to respond to each draft/request for information submitted. If the client has failed to respond after 30 days, Omnific Design will deem the services complete. At such time, Omnific Design shall have no further obligation to the client, and the client shall pay Omnific Design all fees and expenses associated with the work performed.
Limitation of liability and indemnity
The client shall indemnify Omnific Design against any loss, costs, expenses, demands or liability (on a full indemnity basis) whether direct or indirect, and any expenses whatsoever which Omnific Design may suffer or incur or be called upon to suffer or incur by virtue of any breach or default by the client of any of its obligations or duties under these Terms.
You agree that we shall not be liable for any damages you may suffer as a result of using the services. Omnific Design does not represent that the services are fit for a particular purpose. You have been advised and you have agreed to undertake your own due diligence regarding the services prior to agreeing to these Terms.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
Without limiting the foregoing, our aggregate liability to you will not exclude the total amount paid by the User to Omnific Design.
Breach of these Terms by a party will be excused if such a breach is due to an event or events outside the party’s reasonable control, including but not limited to acts of god, natural disasters, sabotage, accident, riot, shortage of supplies, equipment and materials, strikes and lockouts, civil unrest, or malicious damage.
If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.