Terms & Conditions
Website & Email Hosting Terms & Conditions
Vision Creative Group is a registered reseller of Email Hosting, Website Hosting, Domain Name Registration and SSL Certificates. The service provider we choose to use is VentraIP, an Australian-based company with a strong reputation and quality support service.
Vision Creative Group passes all responsibility for the above services that we manage for clients to the service provider, VentraIP, and will not be held liable for loss or damages due to negligence from the service provider. By choosing to use Vision Creative Group (and therefore, VentraIP), you agree to the Terms, Policies & Agreements of the service provider as outlined on this page: https://ventraip.com.au/terms-policies-agreements
If you have any questions regarding this service please email us on email@example.com
Terms of Business
This agreement applies to every contract for the sale of goods and services by Vision Creative Group and any of its divisions: Forge and Vision Print, unless agreed otherwise in writing.
- Scope of Services
Vision Creative Group (VCG) has agreed to provide good and/or services to the customer (Client). Details regarding the goods and/or services will be as outlined in A Specification of Work, Quote or a Proposal (Quote). The Quote is taken to form part of these Terms of Business and may contain details of specific provisions applying to the provision or goods and/ or services, such as progress payments, payment of an initial deposit for work to be undertaken or the timeframe for the provision of good and services, amongst other provisions as set out in writing. Should the Client request that VCG provide further or altered services, such services will be governed by these Terms of Business and any new or revised Quote which will also form part of the Terms of Business. These Terms of Business will commence on the date set out in the Quote or as otherwise agreed in writing, thereafter.
- Payment for Good and Services
(a) Fees and charges: On receipt of a tax invoice, VCG requires payment of the fees and charges as set out in the invoice. (b) Method of payment- Fees are payable by direct credit, cash, or by an approved credit card.
(c) Time for payment – Unless otherwise agreed in writing, all accounts are payable within 14 days. VCG may require the payment of an initial deposit as set out in the Quote or such other amount requested before it will commence provision of the good and services, and may at its discretion require additional deposits as work progresses.
(d) VCG reserves the right to invoice monthly for work done to date.
(e) VCG may recover any expenses reasonably incurred by it as a result of late payment and is entitled to charge interest at the rate of:
(i) In respect of the period from 1 January to 30 June in any year – the rate that is 6% above the cash rate last published by the Reserve Bank of Australia before that period commenced, and
(ii) In respect of the period from 1 July to 31 December in any year – the rate that is 6% above the cash rate last published by the Reserve Bank of Australia before that period commenced.
(f) To the extent that any supply made by VCG is a taxable supply under GST laws, the amount to be paid for that supply is to be increased by an amount equal to any GST which VCG is liable to pay.
- Intellectual Property
(a) VCG will own all intellectual property that it produces and provides to the Client including but not limited to in any deliverables provided to the Client as part of the services, including but not limited to any drawings, photographs, graphics and other documentation and material, whether in hard copy or electronic copy, until paid for in full.
(b) If the Client requires VCG to include particular documentation or materials, such as but not limited to music or videos (Third Party Materials) in the deliverables to be provided to the Client, regardless of whether the Client or VCG are responsible for sourcing the Third Party Materials, the Client agrees that they will be solely responsible for ensuring all necessary permissions have been obtained to enable the reproduction and use of the Third Party Materials in the manner required and warrant that the reproduction and use by VCG of any such Third Party Materials will not breach any third parties’ intellectual property rights.
(c) The Client will indemnify and hold harmless VCG and keep it indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by the Client of Clause 3 (b) or any third party claims brought against VCG concerning a breach by the Client of Clause 3(c).
(a) VCG and the Client will take all proper steps to keep confidential all confidential information received from the other under these Terms of Business and to use such information only in connection with these Terms of Business.
(b) VCG and the Client agree not to disclose any confidential information received from the other without the other party’s consent, unless disclosure is required by law or otherwise necessary for the purpose of obtaining legal advice.
- Use of Contractors
VCG may outsource the provision of services to contractors.
- Liability, Warranties & Indeminity
(a) Subject to clause 6(c), VCG makes no express warranties beyond those stated in these Terms of Business. All conditions and warranties implied by statute or common law are to the extent permitted by law, expressly excluded.
(b) To the extent permitted by law, VCG excludes all liability to the Client for any loss or damage suffered by the Client or any other person howsoever arising (whether in negligence or otherwise). In particular, VCG will not be responsible for any indirect or consequential loss or damage of any kind in contract, tort, under any statute or otherwise.
(c) Where the law implies any term into these Terms of Business and it is prohibited to exclude or modify such terms, VCG’s liability for breach of such terms is limited to one of the following options (at VCG’s option):
(i) re-supply of the agreed services or goods (or equivalent goods); or (ii) the payment of the cost of re-supplying the services or goods (or equivalent goods).
(d) Except where clause 6(c) applies, the total liability of VCG to the Client or any other person for loss or damage will not exceed in aggregate the total amount of the fees payable under these Terms of Business.
(e) Neither party will be liable for any delay or failure to perform its obligations under these Terms of Business to the extent such delay or failure is caused by an event beyond its control.
(f) If any provision or term, or part thereof, of these Terms of Business are declared or is illegal, invalid or unenforceable for any reason whatsoever such provisions, terms and parts will be deemed to be deleted from these Terms of Business provided always that if any such deletion materially alters the commercial basis of these terms then the parties must negotiate in good faith to amend and modify the relevant provisions as may be necessary or desirable in the circumstances.
No amendment to or modification of these Terms of Business will be effective unless in writing and signed by both VCG and the Client.
- Entire Agreement
These Terms of Business constitute the entire agreement between the parties regarding the subject matter contained in these Terms of Business.
Clauses 2, 3, 4 and 6 survive termination or expiration of these Terms of Business.
(a) VCG or the Client may terminate these Terms of Business in whole or part by giving thirty (30) days written notice to the other.
(b) In the event either party terminates these Terms of Business for any reason whatsoever, the Client will be liable to pay for all work completed prior to the termination.
All written notices will be deemed to be given when:
(i) Sent by facsimile six (6) hours after dispatch when sent during business hours, and six (6) hours after the commencement of business after dispatch when sent at any other time;
(ii) Delivered personally one (1) hour after delivery is effected;
(iii) Sent by post, five (5) business days after the date of posting;
(iv) Sent by email, upon the sender receiving back from the recipient’s email address a confirmation read receipt (including any receipts generated by automated means).
- Governing Law
New South Wales law governs these Terms of Business.