ALL GOODS AND SERVICES SUPPLIED ARE SUBJECT TO THE COMPANY’S TERMS AND CONDITIONS OF SALE.
PLEASE AVOID LATE FEES AND/OR SUSPENSION OF SERVICES BY PAYING BY OR BEFORE THE DUE DATE.
COMPANY TERMS & CONDITIONS STATE THAT FINAL WORKS ARE NOT RELEASED AND FUTURE WORKS NOT COMMENCED UNTIL RECEIPT OF PAYMENT.
ALL GOODS REMAIN THE PROPERTY OF MARKETING SYSTEM Z UNTIL PAID IN FULL.
Changes to the Conditions of Sale can occur often. It is the Client’s responsibility to read the Terms and Conditions before agreeing to orders and payments.
The Client is engaging Marketing System Z, as an independent contractor for the purpose of carrying out specified work. Designing/building/executing a Project (hereinafter referred to as “Project”) to be published on the Client’s account on a Marketing System Z registered Internet Service (IS)/Web Presence Provider (WPP) computer, hereinafter refer to as “Hosting Service”. The Client hereby authorizes Marketing System Z to access this account, and authorizes the Hosting Service to provide Marketing System Z, with “full access” to the Client’s account, and any other programs needed for this Project that are included as part of the Client’s service agreement/level. The Client also authorizes Marketing System Z to submit the completed Project to major Web Search Engines, own portfolio, awards agencies and other groups for similar internet purposes.
It is the Client’s responsibility to ensure that lines of communication (such as phone and email) regarding the order and/or works are handled only by those whom the Client allows. We will continue with a Client’s order as instructed by whomsoever we have been in contact with in the Client’s company/business. The Client will be liable for any changes and fees that occur as a result of communication between us and persons from your company. We are not responsible if the Client did not authorise or was not aware of such communications that have come from reasonable sources.
For Third Party services, we will likely use one of our own Marketing System Z email addresses.
This Project will be developed using various open source and commercial software products and proofed via our Quality Assurance procedures.
Designing and Building a website to fully work in multiple browsers and browser versions can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Marketing System Z represents and warrants that the website we design for you will work in:
- Google Chrome (latest version of release at the date of quote)
While Marketing System Z will make reasonable efforts to design a fully functional website, Marketing System Z’s warrantee does not cover AOL, text-based browsers or requested special effects or design that we have advise you against.
Accessibility for People with Disabilities
Marketing System Z’s standard is to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.
Assignment of Project
Marketing System Z reserves the right, and you hereby agree, to assign subcontractors to this Project to insure that the terms and conditions are met as well as on-time completion.
Copyrights and Trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Marketing System Z for inclusion in the Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Marketing System Z and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
Marketing System Z and the Client must work together to complete the Project in a timely manner. We agree to work expeditiously to complete the Project. If the Client does not supply Marketing System Z with complete text and graphics content for this Project within 30 days of the effective date of acceptance, the entire deposit amount of the shall be retained by Marketing System Z as liquidated damages and the contract shall become null and void, at Marketing System Z’s option, unless the Project is cancelled in writing by the Client prior to 30 days of the effective date of the terms and conditions.
The final Project will be published to the Client’s hosting service (required to be hosted with Marketing System Z’s hosting service) upon receipt of final payment. The Client understands that Marketing System Z’s hosting services require a separate contract. The Client agrees to utilize Marketing System Z’s hosting and domain service with all new and outstanding domains names and hosting requirements where internet orientated work is carried out by Marketing System Z. The Client allows Marketing System Z full access to the Client’s account via CPanel and FTP. The Client will be solely responsible for any and all hosting service charges.
The Client understands that Marketing System Z does not guarantee that any completed design project will remain free from problems and/or errors indefinitely, and that Marketing System Z strongly advises that a website maintenance package is purchased with every website design package to ensure the Client’s purchased website remains up-to-date and error-free.
Prepaid items that have the words PrePaid attributed to their product or service indicates a contractual obligation for that prepaid product or service. Such a prepaid product or service remains available for the stipulated time period and at the agreed price, if no time period has been provided it is 1 calendar year from the date of purchase. A prepaid product or service is contractual to its specifications, no refunds.
Electronic Commerce Laws
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Project or any other services contemplated herein, and will hold harmless, protect, and defend Marketing System Z and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client’s exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
Marketing System Z will own copyright to the finished web design site or multimedia works produced by Marketing System Z. The Client will be assigned rights to use the Project as a website, once final payment under these terms and conditions and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Marketing System Z and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios. All Projects will contain a copyright/legal statement with a link to Marketing System Z’s Web Site.
Internet Ads Account Ownership
Marketing System Z owns internet ads accounts developed for advertising websites on search engines on behalf of clients. Marketing System Z owns the copyright for all intellectual property, which includes but is not limited to accounts and campaigns. Internet ads accounts are developed utilising Marketing System Z’s intellectual property. Marketing System Z’s intellectual property for internet ads has been developed over many years through the application of many years of learning and experience, university, qualifications, industry tests, meetings and/or discussions with Google and complementary businesses, Google seminars in locations across Australia , across many clients, through trial and error, and by rigorous testing. Clients do not acquire any licence, ownership or other rights to ads accounts, campaigns or other related material. The content of these accounts remains Marketing System Z’s intellectual property and, as such, access to these would be in breach of Marketing System Z’s proprietary rights.
In the process of creating your logo (or other such company branding), we research existing designs for inspiration and to get an idea of the look and feel of your particular area of service/product/business/etc. We combine this with the information and preferences that you provide us to try to develop a logo design that communicates the personality and nature of your business. As is the case with any creative industry, there is the possibility that something that we design may look similar to another design that exists somewhere in the world. Please rest assured that we endeavour to be as original and unique with your logo as possible, to check that we are not copying another company. We cannot guarantee that similarities between your logo and an existing logo will not occur.
Payments must be made promptly based on the terms of this Project or Multimedia works. Marketing System Z reserves the right to remove any Project or services from viewing/operation until final payment is made. In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process. These terms and conditions are effective upon commencement of work. Regardless of the location business, the Client agrees that for purposes of venue, these terms and conditions were entered into in Melbourne, Victoria, Australia, and any dispute will be litigated or arbitrated in Melbourne, Victoria, Australia, and the Client hereby consents to the personal jurisdiction of the Victorian State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. All payments will be made in AU Dollars.
Payment for services provided hereby shall be made in accordance with the conditions contained in this document.
For orders with total of the order less than two hundred Australians Dollars ($200 AUD), full payment will be taken upfront.
Otherwise, payments shall hereby be split into 2 incremental portions. The Client agrees to pay to Marketing System Z an initial, non-refundable deposit of 50% of the total of the order upon execution of acceptance and agrees that the remaining 50% portion will be received at 50% completion of the order. Any agreed upon variation to this payment schedule will be stated in the order notes. All amounts must be in AU Dollars.
Third Party Payments
Some orders may involve services performed by third parties. We will complete the payment on your behalf before we continue with the order. Even if we are not charging you for our work on your order, you are still required to provide payment for the third party services. If this is required, it will be stipulated in the notes section of your order.
Coincedentals and requested changes of orders fall under variation.
The client may request for changes in orders during or prior to performance of services or delivery of goods.
After a requested change of order, the existing order will be updated with the price of the additional goods and/or services. Prices are listed via the Marketing System Z website, it is the clients own responsibility to review pricing of goods and services before requesting a change in an order.
Agreement and Confirmation
If the client has initially confirmed an order, any requested changes following this confirmation will be ammended to the order without the need for reconfirmation.
Notwithstanding anything to the contrary contained in this contract, neither Marketing System Z nor any of its employees or agents, warrant that the functions contained in the Project will be uninterrupted or error-free. The entire risk as to the quality and performance of the Project is with the Client. In no event will Marketing System Z be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, Third Party Software/Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Project and multimedia ,failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor’s computer or internet software, even if Marketing System Z has been advised of the possibility of such damages.
These Terms and Conditions
These terms and conditions constitute the sole agreement between Marketing System Z and the Client regarding this Project. Any additional work not specified or any other amendment or modification must be authorized by a written request signed (digital signature, email, or hand) by both Client and Marketing System Z.
Alternate Web Infrastructure(s) and Marketing System Z
Recinding of Services
Should, for any reason, recinding of services be enacted either stated or implied by either the client or Marketing System Z then Marketing System Z is under no obligation to perform any further work.
Warranty and Returns
Don’t send anything back without contacting us first. Goods will not be accepted back without prior authorisation and an Marketing System Z Return Authorisation number clearly displayed on the outside of the packaging. To obtain our Return Authorisation No please complete the form here after contacting us and/or the manufacturer to confirm the fault.
Shipping Costs and Liability
We operate on the basis of “sender pays”. ie You pay to send the faulty item in and we pay to send the repaired or replaced item back to you. (It’s the same principle as buying from a bricks and mortar shop. You still need to get it back to the shop somehow.)
We recommend the use of a courier or postal service where proof of delivery can be obtained. Ownership of goods sent in either direction only passes to the intended recipient where a proof of delivery can be produced.
Unfortunately we can’t offer advanced replacement. All products must be received and inspected prior to a replacement being sent out. Some manufacturers do offer advanced replacement on their business class products but this is by arrangement directly with them. Please contact the manufacturer to find out if this is an option with your product should you require it.
Damage caused by surge, water, heat or misuse is not covered under manufacturer warranty and will in many cases either be rejected or attract a fee for repair or replacement. Products with visible marks or suspected non-warranty damage will need to be assessed & repaired or replaced by the manufacturer and cannot be replaced from our stock. If you have a product that might fall into this category please let us know and we’ll arrange for you to send it directly back to the manufacturer to avoid any unnecessary delays.
Marketing System Z is not liable for any damages or interruptions to services caused by any product, or failure of any product to perform, including but not limited to any lost profits, lost savings, loss of use, loss of data, or any other special, incidental, indirect, or consequential damage of any kind, whether or not advised of the possibility of such damage, and regardless of the theory of liability pursuant to which such damages may be sought.
Please first read our Returns Policy
Most importantly, please contact us and/or the manufacturer (details above) for fault diagnosis before sending anything anywhere.
D-Link, Draytek, Eaton/Powerware, Engenius, Logitech, McAfee/Snapgear, Netcomm, Netgear and SMC all handle warranty directly so there’s no need to contact us for these unless you’re chasing a refund. However, we still like to be kept in the loop so please CC us in on any support emails going back and forth to the manufacturer so we can track what’s happening and/or step in if we have any suggestions. For all others, or if directed by these manufacturers back to us, please click here to complete our return form.
Cisco, D-Link, Linksys, Netcomm and Netgear all must have a Case ID or RMA No from the manufacturer (obtained by calling their technical support number) before they can be returned.
For all others please contact us for instructions. In these cases we either handle warranty directly or we’ll organise everything for you with the respective warranty agent and let you know where to send it.
We will gladly refund or exchange any product that arrives faulty, doesn’t perform as advertised or doesn’t match the description given at the time of purchase within 7 days of the date of sale. Beyond 7 days is repair or replacement under the terms of the manufacturer’s warranty. We generally will not approve a refund on a product that is not faulty but has been opened and/or has signs of being used. However, if you have a special case that falls outside these guidelines please let us know and we’ll see what we can do.
Marketing System Z does not tolerate rude, threatening, or abusive behaviour. Marketing System Z at its discretion is entitled to cease some or all correspondence/communications and dealings with a Client it deems to be unbecoming.