Bergan Blue (hereinafter referred to as "Bergan Blue" or "we"), provides this Terms and Conditions of Service agreement to the Client (hereinafter referred to as "you" or "the client") as a client of Bergan Blue. By using Bergan Blue, you are indicating your agreement to be bound by all of the terms in this agreement.
Bergan Blue may change the terms and conditions of this agreement at any time and without prior notice to you. You agree to be bound by all of the terms of this, and all future agreements, as long as you are an active client of Bergan Blue.
Last revised: 26th June 2008
When becoming a client of Bergan Blue, or enquiring about Bergan Blue's services, the client agrees to adhere to these terms and conditions.
All communications including quotes and invoices are private and confidential and must not be shared with any parties not directly or indirectly involved in the project. You will maintain any information received in confidence and use it only for the purposes for which it has been disclosed to you and for no other purpose, in particular to the benefit of any third party.
Bergan Blue Quotes will be sent out in PDF format when requested. These Quotes are private and confidential and must be treated in such a way. Quotes are valid for 30 days or to the 'Valid To' date in the Quote. After this time, prices previously quoted are not guaranteed and a new Quote must be requested.
If the client agrees to the Quote as outlined, documents for work commencement will be forwarded to the client. Projects will not begin until we receive a signed Work Commencement Agreement, an Initial Deposit as a percentage of the total cost of the project, and all information required as set out in the Project Proposal. If information required is not received by the due date, the project will be put on hold until the information is received, at which time the project will be rescheduled for a future date.
Alterations or additions to the scope of the project must be requested in writing (email, fax or mail). The client will then receive an email from Bergan Blue outlining any additional time or cost requirements to include these alterations. Should the client agree to these new conditions, they should sign the Variations Form issued to them and return it as soon as possible to Bergan Blue. The total cost of the project will then be based on any amounts agreed to in the Variations Form. No extra work will be carried out until a signed Variations Form is received.
Before commencement of work, Bergan Blue requests that the Work Commencement Agreement be signed, dated and returned to us and a deposit equal to a percentage of the agreed total costs paid in full. Payment of this Initial Deposit is taken as proof of acceptance of our Terms and Conditions of Service.
For projects over $500.00 AUD, a further progress payment equal to a percentage of the total costs is requested once the Design Stage has been completed. Final payment will be invoiced upon completion of the Production Stage.
Subsequent payments will be required as outlined in the Project Proposal and as agreed to by the client, whether as part of a payment plan, or a predetermined cost structure. Payment terms will not be altered once a project has been initiated.
All deposits, progress payments and final payments are non-refundable.
All invoices should be paid by the client within 15 days, or as specified on the invoice. Should the account remain unpaid for longer than 60 days, Bergan Blue reserves the right to refer the account to a third-party collection agency. All legal charges and a project cancellation fee of $75.00 AUD will apply.
For projects that require the purchase of hardware, software or any printing, these items/services should be paid for in full in order for Bergan Blue to process the appropriate purchase order for the client.
The total costs payable will be for the agreed work in our Project Proposal and/or Variations Form. The client will be asked to approve content and design at agreed stages. If, after such approval, the client requests any changes to the creative that affects the creative in any way, Bergan Blue reserves the right to charge the client at their standard hourly rates and a Variations Form will be issued.
Bergan Blue reserves the right to suspend services including but not limited to live websites, email, web statistics and administration panel access where accounts remain unpaid after 30 days. Suspension of service does not negate the requirement to make payment in full and suspension will remain in place until the account has been finalised.
Clients requesting a Payment Plan also agree to adhere the Terms and Conditions as set out in these Terms and Conditions, a copy of which will also be issued to the client upon request for a Payment Plan.
Payment plans incur a set-up fee of $75.00. This is payable at commencement of the project, in addition to the Initial Deposit
The Initial Deposit cannot be included in the payment plan, however the entire remaining costs involved with the project can be included.
Clients can choose a three, six or twelve month interest free period for their payment plan depending on the total amount owing. Monthly repayments are determined by dividing the remaining amount by the length of the contract (months).
Monthly repayments cannot be less than $400.00. Where monthly repayments calculate to less than this amount, a payment plan will not be agreed to by Bergan Blue.
Invoices for payment plans will be issued on the 1st of each month. Payment is required within 7 days or as specified on the invoice. Bergan Blue will not arrange a direct debit for payment plans.
Any new projects or additional work cannot be added to an existing payment plan. A separate project and plan will be drawn up for such work.
Clients who have had a bad credit rating with Bergan Blue in the past are not able to request a payment plan through us for a minimum of 24 months. We reserve the right to determine when payment plans can be issued.
If you require an extension on your predetermined payment, this must be requested in writing no less than 7 days prior to the due date, and Bergan Blue reserves the right to refuse extension. Requests made less than 7 days prior to the due date will result in automatic refusal.
Where payments are missed on 2 or more occasions, the payment plan will be deemed as cancelled and Bergan Blue reserves the right to demand 100% of remaining costs in a lump sum.
Payment plan arrangements can be paid in full at any time without incurring any additional fees.
Bergan Blue makes every endeavour to complete projects within the timeframe outlined in the Project Proposal. These timeframes and subsequent timeframes given by Bergan Blue are not binding and cannot be guaranteed. Where alterations and additions have been made to the original scope, timeframes will be changed from the Project Proposal as necessary.
It is critical that all feedback is provided in a timely manner to ensure projects are completed by their specified due date. If feedback or information required is not received in a timely manner, the project may be put on hold until the feedback or information is received, at which time the project will be rescheduled for a future date.
Bergan Blue will not be held responsible for projects not completed on time due to delays on the client's part. Ie. Not approving content or designs in the required timeframe.
Bergan Blue software (i.e. blueCart) remains the property of Bergan Blue. The client does not retain any ownership of code, concept or operation of Bergan Blue software unless otherwise and explicitly specified.
Once payment of the account has been finalised – including all payments associated with payment plans – the client will own copyright of all images and designs developed by Bergan Blue for the client. This exludes any existing licenses or copyright (e.g. fonts, stock imagery).
Once the Initial Deposit has been paid to Bergan Blue, a binding contract is established. Cancellation of this contract must be requested in writing. A cancellation fee of $75 will apply and all work completed during this time will remain the property of Bergan Blue.
Clients who do not contact Bergan Blue for more than 30 days will be deemed to have 'cancelled' their account and will be notified in writing. Where the reason for non-communication is deemed by Bergan Blue to be 'legitimate', the cancellation may be reversed and work on the project will continue at a later date, as schedule by Bergan Blue.
We love meeting our clients face-to-face and we have a firm belief that meeting people in person can only strengthen our relationship and ultimately create a better product/creative for you. As such, up to 5 hours of meeting time is included in all projects. This does not include phone time or travel time.
Initial meetings prior to the commencement of a project are not part of these 5 hours. After the included 5 hours have been used, meetings will incur a standard rate of $120.00 AUD per additional hour plus travel costs, if applicable.
All content supplied by the client to Bergan Blue will be assumed copyright-free. Bergan Blue will not accept responsibility for any copyright issues arising from improper use of copyrighted images or content provided by the client.
Bergan Blue can recommend a web hosting company and/or a Bergan Blue web hosting package based on the client's requirements but will not be held responsible for:
With all types of design, particularly print design, Bergan Blue will not be held responsible for any errors found on the creative after printing or publishing. It is the client's responsibility to ensure that the creative is free of error during the final stages of production.
Where print work is being completed, the client must ensure that they seek complete and accurate printing specifications from their printer. Where these are incorrect, Bergan Blue will not be responsible for any errors in printing. Bergan Blue cannot be held responsible if the colouring on a printed design does not match the client's requirements. Bergan Blue will provide as many examples of the printed media before the item is printed, however it cannot be held responsible if the end product is slightly off colour or does not entirely meet the client's expectations.
Bergan Blue requests that a discrete link back to www.berganblue.com.au from the client's website be included on the footer of each page. This will be placed by default on the client's website during the Design Stage. The client has the right to request the removal of this link.
Bergan Blue reserves the right to display a client's design or text on its website as part of its portfolio of work and to provide a client's design to third parties as part of a collection of samples.
All concepts not chosen by the client remain the property of Bergan Blue and may be used in part or in their entirety by other Bergan Blue clients.
When contacting or corresponding with Bergan Blue, you agree that all information is true and accurate.
You agree to use Bergan Blue for lawful purposes only. You may not use, or allow others to use, Bergan Blue either directly or indirectly, to:
Bergan Blue guarantees its websites for 14 days after launch, and web applications for 30 days after launch. This guarantee does not include changes to design or functionality. This guarantee does include any errors in functionality, broken links and missing images. After 14 days for web design projects or 30 days for web application projects, changes to any work will be completed as an additional project, and a new quote will be provided.
Bergan Blue makes every endeavor to provide the best possible service to its clients. Where loss is incurred by the client as a result of error or omission by Bergan Blue, the client may not claim damages that exceed the prior amounts paid by them to Bergan Blue.
