​We are Strawberry Designs (also referred to as Us, We, The Designer)
You (also referred to as "The User", "The Client") 

 

The use of this web site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this web site indicates your acceptance of these terms and conditions. Your inquiries and submission of forms on this website indicates your acceptance of these terms and conditions, Strawberry Designs reserves the right to make changes to this web site and these Terms and Conditions at any time. Contact Strawberry Designs if you have any questions relating to these Terms & Conditions by emailing us at info@strawberrydesigns.com.au

 

COPYRIGHT INFORMATION

This web site (www.strawberrydesigns.com.au) is owned and operated by Strawberry Designs. Unless otherwise specified, all materials appearing on this web site, including the text, web design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Strawberry Designs. All software used on this web site is the sole property of Strawberry Designs or those supplying the software. You may use the content of this web site only for the purpose of read only or submission of forms to obtain further information or quotations on this web site and for no other purpose. Materials from this web site may NOT be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Strawberry Designs prior written permission. All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this web site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. 

 

DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS & SERVICES SOLD

Except as expressly stated herein, Strawberry Designs makes no representations or warranties, either express or implied, of any kind with respect to products and services sold on the Strawberry Designs web site. Except as expressly stated herein, Strawberry Designs expressly disclaims all warranties, express or implied, of any kind with respect to products and services sold on this web site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability Strawberry Designs arising from any product or service on the Strawberry Designs web site shall be the price of the product or service ordered. In no event shall Strawberry Designs, its directors, officers, employees or representatives be liable for special, indirect, consequential, or punitive damages related to products and services sold. The client will be provided with a service agreement along with a quotation in which both will need to be approved prior to the completion of any work by "the designer".

 

DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE STRAWBERRY DESIGNS WEB SITE

The Strawberry Designs web site and the materials therein are provided "as is". Strawberry Designs makes no representations or warranties, either express or implied, of any kind with respect to the Strawberry Designs web site, its operation, contents, information, materials or compliance. Strawberry Designs expressly disclaims all warranties, express or implied, of any kind with respect to the web site or its use, including but not limited to merchantability and fitness for a particular purpose. You agree that Strawberry Designs, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the Strawberry Designs web site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

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LINKS

This web site may contain links to other web sites on the Internet that are owned and operated by third parties. You acknowledge that Strawberry Designs is not responsible for the operation of or content located on or through any such web site.

QUOTATIONS & PRICING
A project brief is required by “the client” and needs to be submitted to Strawberry Designs. prior to us undertaking any work or accepting any orders/purchases for our products or services. The project brief is required to determine the correct pricing for the product/s and/or service/s requested by “the client”. Strawberry Designs will submit a quotation to the “the client” by email for the work “the client has requested. Strawberry Designs will require approval by email acceptance to commence any work. A project brief form can be found at: http://www.strawberrydesigns.com.au.  Quotations are valid for 30 days.

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PAYMENTS
Payments methods accepted by Strawberry Designs are PayPal or direct deposits.

 

PROJECT BRIEF
The project brief form at: http://www.strawberrydesigns.com.au is a very important document that determines the creative and strategic direction of the project. All aspects of the project must be included in this document. Strawberry Designs takes this information and creates quotation & your design from this information. The "client" agrees that and additional information, changes or additions that are requested after the submission of the brief form and commencement of the project over and above the original brief document, will be liable to additional charges(as noted in the service agreement). Strawberry Designs normally allow for 3 minor changes per project, however if a client changes the project significantly (at  Strawberry Designs discretion), charges will apply, this will also have impact the scope of work, project time frame and completion date.

Please read the terms and conditions, and take time to:

• Write a detailed description of the design work you require

•  provide relevant reference material (eg: images, content, colours, examples of styles of work you like, goals etc.)

If a project brief is incomplete, Strawberry Designs will not be held accountable if the end result is not what was in the mind of the "client". Strawberry Designs cannot be held accountable if "the client" is not happy with the end result.

 

PROJECT AND CLIENT RESPONSE TIMES

Strawberry Designs has the right to not proceed with the work requested by the client, for any reason. The client will be advised if Strawberry Designs does not wish to proceed with the work requested by "the client".
For works provided to "the client", "the client" agrees to provide timely responses to Strawberry Designs after receiving notifications for review or requests for information. "The client" shall have 30 days to respond to each request for information submitted. If "the client" has failed to respond after 30 days, Strawberry Designs will consider the project complete. At such time, Strawberry Designs shall have no further obligation to "the client", and "the client" shall pay Strawberry Designs all fees and expenses associated with the work performed. 

 

FORCE MAJEURE
Strawberry Designs shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Strawberry Designs including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

 

LIABILITY & LITIGATION
It is agreed that all work and materials provided for "The Client" by Strawberry Designs without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.

It is agreed that Strawberry Designs indemnify and hold "The Client" harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of "The Client" or its employees, and it is agreed that we shall notify "The Client" in writing of full details of any such claim.

Under no circumstances shall Strawberry Designs be liable to "The Client" for an indirect or consequential loss suffered by "The Client" relying on the information included in the supplies prepared by Strawberry Designs including (without limitation) loss of profit, loss of Contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the Supplies only, not to include claims for delays, out of sequence working, non productive overtime, award of costs, etc.. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.

Indemnity: "The client" agrees to indemnify and hold harmless the designer from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including lawyers’ fees and costs, but only to the extent caused by, arising out of, the work supplied by the designer.

Strawberry Designs draft artwork to the client will be in a low-resolution format. After final written approval from "the client" (email or letter), prior to sending "the client" the final artwork files. It is agreed that Strawberry Designs is not responsible or held liable for any errors contained in the final product after the

 

TERMS AND CONDITIONS AMENDMENTS

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon the inclusion of such amendments within the version of these terms and conditions on this website. Your continued use of the website following such amendment will be deemed your acceptance of and agreement to be bound by the terms and conditions as amended.

 

MAILING LISTS
"The Client" will automatically be added to our Mailing List Database. If "The Client" does not wish to receive these emails, "the client" must reply to our email with notification to be removed from our mailing list.

 

DISCLAIMER
Graphic design, photography and marketing are all highly creative and opinionated forms of art. Strawberry Designs take every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however Strawberry Designs cannot be held responsible for variations between expectation and the outcome.
 

GOVERNING LAW 
The client agrees that these terms and conditions of quotation and sale shall be construed according to the laws of the State or Territory as Strawberry Designs may in its sole discretion determine. Proceedings may be instituted in such State or Territory as Strawberry Designs in its sole discretion determine. Failing such determination, "the client" consents to any proceedings being instituted and heard by any appropriate court sitting in the State of New South Wales applying the laws of the State of New South Wales.

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Please note: Further terms and conditions as noted in our service agreement are required to be understood & agreed to prior to any work commencement. The service agreement will be provided to the client with the first quotation.