TERMS AND CONDITIONS
Our Terms and Conditions
The following terms form a contract between Kitchen Design Victoria Pty Ltd and “Client name” and/or “Company name” listed in the quotation or invoice and will be referred to as the Agreement henceforth in these terms, and the party purchasing a project from Kitchen Design Victoria as the Client.
On the payment of the deposit or invoice, the Client and Kitchen Design Victoria agree to all terms as stated.
A Project is defined as any work requested by the Client or any on-going commitment to deliver any on-going service.
This Agreement will be governed by and construed in accordance with the laws of the State of Victoria and of Australia.
It is the responsibility of the Client to read and understand these terms and conditions. These terms are mentioned in our quotations and invoices. Once any payment has been made, or a quote accepted, it is deemed that the Client has read and agrees to all these terms and to bound in full by them.
The Client agrees that they appoint Kitchen Design Victoria as the facilitator of their marketing services and agree to the terms and conditions herein.
In the event you are having difficulty paying us within the agreed time, or have a concern with any items within an invoice, please contact us immediately. We’re happy to resolve any issues you may have.
We reserve the right to stop work if you fail to make any payment when and as it falls due.
Please read the terms of your estimate and invoices. Large projects may have payment milestones.
Payment of invoices must be completed within 14 days. Once these terms have been passed, we reserve the right to charge a $75 administrative fee plus a compound interest of 2% per calendar month until it is paid in full.
We reserve the right to review fees for services rendered on a 6 monthly basis; any change in price will be notified in writing.
We reserve the right to change penalties for unpaid invoices on a 6 monthly basis.
Right of Lien
Kitchen Design Victoria has a right of lien on marketing materials, that is, we reserve the right to hold marketing materials against any outstanding debts. Note this will only apply to marketing materials that been worked on but for which payment is outstanding.
Non-payment service suspension and copyright claims
Kitchen Design Victoria reserves the right to suspend or terminal all services and commence copyright proceedings on any unpaid work that has been delivered and is in use by the Client on any unpaid invoices.
Kitchen Design Victoria reserves the right to suspend all services in the event of any individual unpaid invoice.
Kitchen Design Victoria reserves the right to immediately terminate the Agreement with the Client should they be in breach of any of the Agreement terms listed.
The Client may terminate the Agreement with Kitchen Design Victoria should Kitchen Design Victoria be in breach of any of the Agreement terms listed. The Client must provide 30 days written notice prior to termination.
Once all invoices are paid, all materials created for the Client as part of the project will be released to the Client in full. These materials will be in whatever state they were at the time of the termination of the agreement and may not be complete.
Kitchen Design Victoria shall have the right to bill pro rata for work completed through to the date of the agreement termination request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client’s written notification to stop work.
In the event of termination, the Client shall also pay any project expenses incurred by Kitchen Design Victoria and the Kitchen Design Victoria shall own all rights to the project. The Client shall assume responsibility for payment of legal fees necessitated by any default in payment.
Deposits will not be refunded in the event of Agreement termination.
Destruction of Documents and Files
Upon our request either during our engagement or following its termination, you must collect your property without delay which will be released to you once our accounts are paid. Should any of your property remain in our possession following our request to collect it, we will hold the property for three months before destroying it in accordance with the Australian Consumer Law and Fair Trading Act 2012.
The Client agrees to reimburse Kitchen Design Victoria for non-standard expenses necessary in completion of the project when requested by the Client: (e.g. fonts, proofs, shipping, stock images or videos, travel, extended telephone consultations).No purchases will be made on the client’s behalf by Kitchen Design Victoria without the client’s prior consent.
Kitchen Design Victoria reserves the right to determine an end date for a project, should the Client be responsible for the late delivery of components for the project. This end date will be a minimum of 30 days from when Kitchen Design Victoria contacts the Client. This is to ensure the timely completion of projects and resource management. Kitchen Design Victoria further reserves the right to charge a management fee due to Client delays, to cover the cost of additional project management time.
Kitchen Design Victoria reserves the right to assign other business, contractors or service providers to assist with a project to ensure quality and on-time completion. This can be done without informing or obtaining authorisation from the Client.
On final payment of the project total cost, a two week warranty period begins the following day. Within this two week period, fixes and minor changes within the Scope of Works may be passed to Kitchen Design Victoria for evaluation and resolution.
Examples of warranty changes are:
- Typographical errors
- Missing content defined in the Scope of Works
- Incorrect functionality
No charge will be passed on to the Client for this work unless deemed to fall outside of the Scope of Works, where upon a quotation for the work will be provided to the Client.
The Client and Kitchen Design Victoria are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor Kitchen Design Victoria has any authority to assume or create any obligation or liability, either expressed or implied, on behalf of the other.
Kitchen Design Victoria provides advice and manages the Client services on the Clients behalf. Kitchen Design Victoria cannot be held responsible for commercial outcomes which are associated with the marketing or management of the Clients services. The overall management of the services provided by Kitchen Design Victoria are the responsibility of the Client, Kitchen Design Victoria cannot be held liable for any financial losses incurred by the Client.
The Client, as the owner of the service, must manage the on-going viability of the service versus the expected outcome. In the event that those outcomes are not met, should the agreement to deliver the service continue, then full accountability lies with the Client to discuss, manage or terminate the agreement.A Client who chooses to continue to use Kitchen Design Victoria services does so at their own financial risk and Kitchen Design Victoria may not be held accountable for the Clients choice to continue with the service when termination of the agreement is an option.
A Client who chooses to continue to use Kitchen Design Victoria services does so at their own financial risk and Kitchen Design Victoria may not be held accountable for the Clients choice to continue with the service when termination of the agreement is an option.
Kitchen Design Victoria cannot be held accountable for any technical or financial issues from systems they do not own or control. This includes internet services, hosting services, domain services, email services, marketing platforms (e.g. Facebook, Instagram, etc.), storage platforms (e.g. Dropbox, One Drive, etc.).
The Client agrees to Kitchen Design Victoria to indemnify Kitchen Design Victoria for any loss that may result from third party claims arising from the provisions of the services. If there is a claim against Kitchen Design Victoria for loss, the loss will be proportionately reduced by the extent of the Clients contribution to the loss.
Kitchen Design Victoria Service Providers – Legal
Kitchen Design Victoria is appointed by the Client to act on their behalf as their Marketing facilitator and may select whichever Service Provider they feel appropriate without prior consent of the Client.
Kitchen Design Victoria is the facilitator and/or reseller of the service between the Client and the Service Provider. Accountability for delivery of services is with the Service Provider (i.e. VentraIP, WPEngine, Facebook, Instagram or any other platform or service provider used by Kitchen Design Victoria).
The Client agrees to indemnify Kitchen Design Victoria against all Service Provider issues; that Kitchen Design Victoria will not be held financially or legally accountable for any and all Service Provider issues or the resolution of them. All financial or legal issues are to be directed to the Service Provider.
Provider Services issues include, but are not limited to Loss, theft or corruption of any amount of data, inability to use or access the service, incorrect billing, hacking, inappropriate usage, bankruptcy or closure, suspension or termination of services.
All financial or legal issues are the responsibility of the Client to manage directly with the Service Provider.
Kitchen Design Victoria will assist with facilitating in the resolution of any technical issues as appropriate. Kitchen Design Victoria reserves the right to invoice for any hours involved in supporting the Client in financial or legal disputes with service providers.
Permissions and Releases
The Client agrees to indemnify and hold harmless Kitchen Design Victoria against any and all claims, costs, and expenses, including legal fees, due to materials included in the project at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.
The Client and Kitchen Design Victoria may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transferral, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
Already known to the party to which it is disclosed; or becomes part of the public domain without breach of this Agreement.
Reservation of Rights
All rights not expressly granted are reserved to Kitchen Design Victoria, including but not limited to all rights in sketches, compositions, or other preliminary materials.
Availability/ Business hours
Kitchen Design Victoria business hours are 9:00am to 5:00pm Monday to Friday.
The following terms are based on business weeks.
Kitchen Design Victoria reserves the right to refuse any and all out-of-hours work, regardless of notice given, to ensure the quality of all our clients work. As a courtesy, please consider that whilst Kitchen Design Victoria can provide out-of-hours or urgent services on occasion, this is not part of our service range, so please plan your projects accordingly.
In the event that a Client project requires work out-of-hours we reserve the right to charge double the hourly rate, subject to approval by the Client.
As a courtesy and to get the optimum service, the Client will provide at least 72 hours notice for the delivery of projects. Providing all required materials to deliver the project is the responsibility of the Client (i.e. images, copy, landing page, etc.).
The Client is accountable for providing all materials on time when there is a deadline. If there are delays, it is the Clients responsibility to advise Kitchen Design Victoria and negotiate any possible impacts to timeframes.
In the event that a Client based delay would force a project to require out-of-hours work, it is the Clients responsibility to negotiate this in good faith with Kitchen Design Victoria with the expectation of additional fees being charged.
All projects requiring out-of-hours work must be requested a minimum of a full business week prior to the required delivery date. Should the work be expected to be significant (4 hours or more) then two weeks’ notice is required.
Projects with insufficient notice and requiring out-of-hours work can attract a further levy and will be charged at triple the normal hourly rate.
Out of hours Technical Support issues can be reported using the Kitchen Design Victoria website or contact us.
Sales and technical support issues will be responded to within 48 business hours.