Terms & Conditions

The following Terms and Conditions of Service apply to all products and services provided by Murray Farquhar. All work is carried out by Murray Farquhar on the understanding that the client has agreed to Murray Farquhar’s terms and conditions.

Copyright is retained by Murray Farquhar on all design work including words, images, ideas, visuals, photography and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of design is presented, only one solution is deemed to be given by Murray Farquhar as fulfilling the contract. All other designs remain the property of Murray Farquhar, unless agreed in writing that this arrangement has been changed.

PROJECT ACCEPTANCE

At the time of proposal, Murray Farquhar will provide the customer with a written estimate or quotation. The Terms and Conditions can be read on www.blackstudio.com.au website and may be updated at any time.

A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Murray Farquhar.

Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept Murray Farquhar’s terms and conditions. No work on a project will commence until either document has been received by Murray Farquhar.

DESIGN CHARGES

Charges for design services to be provided by Murray Farquhar will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. This does not apply to projects under $2,000. Project charges under $2,000 will require a non-refundable payment in full. Work on the project will not commence until Murray Farquhar has received this amount. Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

SEARCH ENGINE OPTIMISATION

All search engine optimisation agreements are for a period of 12 months unless stated otherwise. At the time of the customer’s signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable payment of 50% of the annual subscription fee will become immediately due. Upon competition of the first module (6 months) the balance of the subscription is due (50%). This does not apply to projects under $2,000. Projects under $2,000 will require a non-refundable payment in full. Work on the project will not commence until Murray Farquhar has received this amount.

PAYMENT

The customer will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to Murray Farquhar. Projects under $2,000 will require payment in full at the time of agreement. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 5% per month of the outstanding amount. Payments may be made by cheque or electronic funds transfer.

Publication and/or release of work done by Murray Farquhar on behalf of the client, may not take place before cleared funds have been received in full.

DEFAULT

An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Murray Farquhar shall be considered entitled to remove Murray Farquhar’s and/or the customer’s material from any and all computer systems and from the internet or any other published place, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.

Removal of such materials does not relieve the customer of its obligation to pay the due amount. Customers whose accounts become default agree to pay Murray Farquhar reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

COPYRIGHTS AND TRADEMARKS

By supplying text, images and other data to Murray Farquhar for inclusion in the customer’s website or other medium, the customer 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. Any artwork, images, or text supplied and/or designed by Murray Farquhar on behalf of the customer, will remain the property of Murray Farquhar and/or its suppliers.

The customer may request in writing from Murray Farquhar the necessary permission to use materials (for which Murray Farquhar holds the copyright) in forms other than for which it was originally supplied, and BlackStudio may, at its discretion, grant this.

Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used. By supplying images, text, or any other data to Murray Farquhar, the customer grants Murray Farquhar permission to use this material in any design or creative pursuit in relation to the customers’ project.

Should Murray Farquhar, or the customer, supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Murray Farquhar to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold Murray Farquhar 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.

ALTERATIONS

The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.

The customer also agrees that Murray Farquhar holds no responsibility for any amendments made by any third party, before or after a design is published.

SEARCH ENGINE SUBMISSION

Due to the infinite number of considerations that search engines use when determining a site’s ranking, Murray Farquhar cannot guarantee any particular placement. Variations in rankings should be expected as new sites are added regularly and search engine considerations can change at any time.

DESIGN CREDITS

The customer agrees to allow Murray Farquhar to place a small credit on printed material exhibition displays, advertisements and/or a link to www.blackstudio.com.au and/or any relevant website on the customer’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

The customer also agrees to allow Murray Farquhar to place websites and other designs, along with a link to the client’s site on Murray Farquhar’s own website for demonstration purposes and to use any designs in its own publicity.

RIGHTS OF REFUSAL

Murray Farquhar will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Murray Farquhar also reserves the right to refuse to include submitted material without giving reason.

Any images and/or data that Murray Farquhar does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Murray Farquhar to remove the contravention without hindrance, or penalty. Murray Farquhar is to be held in no way responsible for any such data being included.

CANCELLATION

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Murray Farquhar will need formal notification in writing to the company’s 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 first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Murray Farquhar within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

DISCLAIMER

Murray Farquhar makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Murray Farquhar will not be held responsible for any and all damages resulting from products and/or services it supplies. Murray Farquhar is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause.

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. The customer agrees not to hold Murray Farquhar responsible for any such loss or damage. Any claim against Murray Farquhar shall be limited to the relevant fee(s) paid by the customer.

Murray Farquhar 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. Murray Farquhar will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Murray Farquhar and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Murray Farquhar recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

GENERAL

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

ACCEPTANCE OF QUOTATION & TERMS

The placement of an order for design and/or any other services offered by Murray Farquhar and validated by the customer’s signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Murray Farquhar.

CONFIDENTIALITY

Each party acknowledges that in relation to this Agreement it may receive certain confidential or proprietary business information and materials of the other party, including without limitation Preliminary Works (“Confidential Information”). Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Brief/Request/Proposal. Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.