By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Kimberley Web Design and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible.
If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Kimberley Web Design’s rights and obligations to each other.
It is an essential pre-condition to you using our website that you agree and accept that Kimberley Web Design is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website.
This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements.
You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Kimberley Web Design’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
Kimberley Web Design may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Kimberley Web Design and the owners of those websites. Kimberley Web Design takes no responsibility for any of the content found on the linked websites.
Kimberley Web Design’s website may contain information or advertisements provided by third parties for which Kimberley Web Design accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, Kimberley Web Design absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Kimberley Web Design gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Kimberley Web Design to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Kimberley Web Design’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
We do not and will not sell or deal in personal or customer information. We may, however, use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally.
In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
Kimberley Web Design may be required, in certain circumstances, to disclose information in good faith and where Kimberley Web Design is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Kimberley Web Design.
Kimberley Web Design expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party.
If you breach this term then Kimberley Web Design will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use.
Kimberley Web Design reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics.
You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Kimberley Web Design expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only, and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and Kimberley Web Design concerning your use and access to Kimberley Web Design’s website and your use and access to the documents and information on it.
No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory.
All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory.
Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories.
The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
To engage our services, a formal quote must be agreed. All proposals, quotes and projects are subject to the client terms included in our Graphic and Web Design Agreement. When you engage our services, you agree that we are reliant on the information supplied by you, the client, in order to provide the services. We cannot be held responsible for any results of our services based on such client information and we cannot be held responsible for how you choose to use the outputs of our services.
Any images, graphics, photographs and other content (together “Material”) you may find on our website are owned by us or may have been created by us for our clients with permission to reproduce on our website. At no time are you permitted to copy, download, share or otherwise use this Material for any purpose. All Material on our website is copyright protected.
This agreement and this website are subject to the laws of WA and Australia. If there is a dispute between you and Kimberley Web Design that results in litigation then you must submit to the jurisdiction of the courts of WA.
It is impossible to guarantee security. We will, of course, use the latest tools, strategies, and best practices.
Kimberley Web Design requires a 50% deposit upon agreeing to these Terms and Conditions and accepting the terms of the “Design Proposal”.
Payment of the deposit is required within 2 weeks. Failure to provide the 50% deposit, within the 2 weeks, will incur interest, charged at 1.5% per month, of the outstanding amount until the initial 50% deposit is paid in full. The remaining 50% is due upon completion.
Completion refers to a date agreed to by both parties, prior to commencement, so that both parties make completion within a timely manner. Every month that has gone over the agreed completion, interest will be charged at 1.5% per month, of the outstanding amount until the final 50% deposit is paid in full.