Below are the Terms and Conditions that you agree to when using this site and contracting with Dannielle Cresp:
Website Owner
The Website Owner, including subsidiaries and affiliates (“Website” or “Website Owner” or “we” or “us” or “our” “I” “me” or “Dannielle Cresp”) provides the information contained on this website or any of the pages comprising the website (“website”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.
Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. The Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let me know.
Your Consent
By using our site, you consent to our Terms and Conditions as well as the Privacy Policy (collectively “Terms of Use”).
Copyright, Trade Marks and Intellectual Property
Copyright and other relevant intellectual property rights exists on all text, products and images relating to the Company’s services and the full content of this website.
Trade marks, names, logos and service marks (collectively “trade marks”) displayed on this website are registered and unregistered trade marks of the Website Owner or are used under licence. Nothing contained on this website should be construed as granting any licence or right to use any trade mark, copyright or intellectual property without the prior written permission of the Website Owner.
The copyright of the design work completed by Dannielle Cresp remains the property of Dannielle Cresp and does not pass with payment for works completed. Any copyright images or text used that are not owned by Dannielle Cresp remains with its rightful owners. These designs are strictly not for re-sale. You will have exclusive rights to use these for your business for 5 years, unless otherwise agreed.
Products/Services, Prices and Payments
All products/services on this website are subject to availability. These products/services are an invitation to treat and should be treated as such. In the case where Dannielle Cresp is unable to complete the agreement, you will be notified as soon as possible. Dannielle Cresp takes all care that all products/services are accurately described and takes no responsibility for products appearing differently on computer monitors or spelling errors.
Pricing and payment structures are available upon request. For all new clients a deposit of the first 3 (three) hours of work is required before work will commence. For clients who book packages, monthly payment is required with 7 (seven) day terms unless otherwise discussed. Ad-hoc clients are required to pay at completion of the project, if it is longer than 3 (three) hours.
Terms are not currently available for new clients. If you require payment terms other than those noted above, please discuss with Dannielle Cresp before entering into any contract.
The price payable for any product or products is specified at the time of purchase. The currency of the site is in Australian Dollars ($AUD). Prices are sometimes quoted in US Dollars ($USD) this is at the discretion of Dannielle Cresp and is dependent on your location. You acknowledge by placing an order, you are agreeing to pay for and accept delivery of the product(s)/services ordered.
Payments can be made by Direct Deposit for Australian clients or via PayPal. PayPal accepts both PayPal Balance and all major Credit Cards. Other payment methods are available upon request. Your product will be created, completed and delivered to you, by methods deemed appropriate (FTP, Email, Dropbox, or as described at time of order) once payment has cleared or as otherwise discussed.
For ad-hoc clients, no product/service will change hands until all payments are made in full. For ongoing package clients, payment is required as set out on the invoice. No further work will be completed if an invoice is unpaid after the due date and Dannielle Cresp may withhold products/services until payment is made.
If you require your project faster than the recommended time frame, a rush service may be available. The rush fee is double the regularly hourly rate. Rush service is at the discretion of Dannielle Cresp and may not always be available.
Cancellation of Orders
Cancellation of orders for work may be made by you up until the final design is complete. Any funds spent directly on your project, including labour are payable up to termination point. Completed designs are not usually refundable so please communicate with Dannielle Cresp if you are unhappy at any point.
Cancellation of orders can be made by Dannielle Cresp where (a) I do not receive payment within four (4) working days; (b) any payment made by you is dishonoured or cancelled; (c) we have inadvertently made an error in relation to the product you have ordered including, but not limited to, incorrect price, incorrect product information, incorrect image display; and (d) where products have incorrectly been displayed as available where they are not.
Work Hours
Office hours are generally 9:00-16:00 Melbourne (Australia) time, excluding lunch breaks and scheduled days off. Outside of these times there may be a delayed response. Dannielle Cresp reserves the right to change her hours on short notice and will notify clients where necessary. Out of hours rush work would need to be contracted separately for an additional agreed fee if it is possible. In general, Dannielle Cresp will work within the 48 hour turn around time where it is practical for the specific task and will communicate with the client where a different timeline is required.
External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please Contact me if you would like to link to this website or would like to request a link to your website.
Liability
Dannielle Cresp shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system to the fullest extent covered under law. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Use of the Website
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Australia). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
Indemnity
You indemnify Dannielle Cresp, its directors, employees, agents and representatives, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered as a direct or indirect consequence of you using this Site and/or purchasing and using any products advertised herein.
Entire Agreement
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
Alteration
Dannielle Cresp may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Conflict
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
Waiver
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
Termination of Site
Dannielle Cresp shall be entitled to remove or close this or any part of this site assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
Severability
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Applicable laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Victoria, Australia without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the courts of Victoria, Australia in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
Privacy
Your privacy is kept in accordance with our Privacy Policy.
Comments or Questions
If you have any questions, comments or concerns arising from our Terms of Use, or the way in which we are handling your personal information please get in contact with me.