Legals TERMS AND CONDITIONS OF TRADING
(July 2006)
Design Services
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| |  | | | Smart Works Pty Ltd ABN 78 055 117 354 is herein referred to as SW.
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| | | | The company or person engaging the Design Services of SW is herein referred to as ‘the Client’.
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| | | | | These Terms and Conditions govern the provision of Design Services by SW and the acquisition of those services by the Client.
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| | | | Acceptance of a quotation made by SW shall be an acceptance of these Terms and Conditions notwithstanding any inconsistencies which may be introduced by the terms and conditions in the Client’s order, or any other purported variation, unless otherwise expressly agreed by SW in writing.
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| | | | | Proofs, when included in quotations, may be submitted for the Client’s approval and SW shall incur no liability for any errors not corrected by the Client in proofs so submitted. Additional proofs may be charged to Client.
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| | | All additional work caused through changes or corrections made by the Client shall be charged to the Client at an hourly rate plus outside costs.
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| | | Where the performance of any contract with the Client requires SW to obtain goods or services from a third party, the contract between SW and the client shall incorporate and shall be subject to the conditions of the supply of such goods and services to SW and the Client shall be liable for the cost of such goods or services.
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| | | Any claims in reference to a Client’s project will be recognised only if made in writing within seven days from delivery.
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| | | | Good and Services Tax (GST)
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| | Unless otherwise indicated, prices are exclusive of the GST or other taxes which, where applicable, will be added to the invoice unless the Client provides SW with an approved tax exemption certificate.
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| | | Orders cannot be cancelled except upon terms that will compensate SW for all work and materials used or specially procured for the Client to the date of the cancellation.
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| | | Any advice or recommendation provided by SW in relation to the application or appropriateness of its Design Services is given in good faith. SW will not be liable for any loss or damage flowing from the Client’s decision to act upon such advice.
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| | | SW reserves the right to show any work produced for the Client and to enter such work in its promotional material, exhibitions or for publication, unless that right is excluded in writing by the Client.
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| | | Notwithstanding that SW might agree in respect of any particular contract to waive any one or more of these Terms and Conditions, such agreement shall in no way release the Client from any other obligation or requirement set out herein.
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| | | In the event that one or more of these Terms and Conditions are not legally enforceable, the remaining Terms and Conditions shall remain valid and enforceable between the Client and SW.
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| | | | | SW shall incur no liability whatsoever for any loss, injury or damage arising directly or indirectly from fire, accident, industrial dispute, civil disturbance or any other occurrence beyond the reasonable control of SW that interferes with SW’s ability to procure necessary materials or articles or interferes in any other way with SW’s ability to perform its obligations under these Terms and Conditions.
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| | | | | All digital data, media, artwork, film, illustrations and photographs created by SW in the process of completing the Client’s order may be destroyed on completion of work unless otherwise agreed by SW in writing. If SW agrees to keep material standing, a fee may be charged for storage, maintenance and any other necessary attention.
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| | | | SW shall be free to dispose of all property and materials belonging to the Client, and left with SW in the absence of specific instructions, 12 months after SW has completed the provision of Design Services to the Client. SW may accept and retain the proceeds, if any, to cover costs in holding and handling.
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| | | | | The copyright of all artwork, illustrations, digital data and media, film, photographic materials, designs, typesetting, models or like devices produced by SW or its agents in the course of developing the Client’s project, remain the exclusive property of SW. This includes all preliminary proposals, scripts, ideas, roughs and data. Use or development of such material, or ideas obtained therefrom by any person or company other than SW is expressly prohibited. SW shall be entitled to compensation and/or account of profits from the Client for any unauthorised use of such items.
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| | | | At its option, SW may agree to negotiate the transferral of copyright through a deed of assignment. This will incur a fee both for the transfer itself and for associated legal costs.
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| | | | | If a dispute arises concerning these Terms and Conditions, that dispute must first be referred for mediation in accordance with the Australian
Commercial Disputes Centre Mediation Guidelines.
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| | | | The proper law of all contracts arising between SW and the Client is the law of the State of Victoria and the Commonwealth of Australia. In the event that mediation fails, the parties agree that all claims and disputes relating to the provision of Design Services under these Terms and Conditions shall be determined in the Court of competent jurisdiction nearest the city of Melbourne, Australia.
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PRIVACY STATEMENT
| The Smart Works Pty Ltd website is owned and controlled by Smart Works Pty Ltd (ABN 78 055 117 354), located at 113 Ferrars Street, Southbank Victoria 3006, Australia. Smart Works Pty Ltd ('Smart Works', 'we', 'our' or 'us') is committed to protecting user privacy and complying with the Australian National Privacy Principles and other internationally accepted privacy protocols.
We understand and appreciate that visitors and users of this website are concerned about their privacy, and the confidentiality and security of any information that may be provided to us. This Privacy Statement is designed to tell you about our practices in relation to the collection, use, and storage of information that you may provide via this website. Please be sure to read the entire Privacy Statement and Terms and Conditions of Use before using or submitting information to this website.
| What am I consenting to?
| By using this website, you agree with the terms of this Privacy Statement and the Terms and Conditions of Use for this website. Whenever you submit information via this website, you consent to the collection, use, disclosure and storage of that information in accordance with this Privacy Policy and the Privacy Amendment (Private Sector) Act 2000.
| How does Smart Works collect information?
| Like many websites, this website collects information from its visitors from logging systems (see passive information collection) and by permitting you to communicate directly with us via e-mail, feedback forms, other interactive elements and the facilitation of direct contact by phone or in person (see active information collection). Some of the information that you submit may be personally identifiable information (that is, information that can be uniquely identified with you, such as your full name, street address, e-mail address, phone number, and so on).
| Passive information collection
| As you navigate through a website, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies and means, such as Internet Protocol (IP) addresses, cookies, internet tags, and navigational data collection. Information collected includes server addresses, top-level domain names, dates and times of visits to the website, pages accessed and documents downloaded, previous websites visited and the type of browser used.
We use IP addresses on this website. An IP Address is a number assigned to your computer by your Internet service provider so you can access the Internet and is generally considered to be non-personally identifiable information, because in most cases an IP address is dynamic (changing each time you connect to the Internet), rather than static (unique to a particular user's computer). We use your IP address to diagnose problems with our server, report aggregate information, determine the fastest route for your computer to use in connecting to our website, and administer and improve the website.
We use cookies on this website. A 'cookie' is a bit of information that a website sends to your web browser that helps the website remember information about you and your preferences.
'Session cookies' are temporary bits of information that are erased once you exit your web browser window or otherwise turn your computer off. Session cookies are used to improve navigation on websites and to collect aggregate statistical information.
'Persistent cookies' are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided (for example, program settings), helping to determine what areas of the website visitors find most valuable, and customising the website based on your preferences.
| Active information collection
| Active information collection could be considered a more traditional, and more transparent collection process. You will usually be aware that you are providing personal information.
Smart Works may actively collect personal information in the following ways …
– when you complete an online form requesting information,
– direct from you by email, phone, mail and in person,
– from third parties (related companies, credit agencies),
– from publicly available sources,
– using other methods if legally required to do so.
If you are given access to protected areas of our site and/or access to the underlying web content management system administration pages, we will exchange additional information and collect additional user information for security and user tracking purposes.
| What information is collected?
| By visiting our website, we will collect a variety of low-level identifiable information as a result of site logging and statistical recording. This information includes but may not be limited to Internet Protocol (IP) address, search terms, browser type, site linking information, operating system, time of access, length of access and pages accessed. This information is generally aggregated in a form that is not individually identifiable in order to analyse trends, administer the site and gather broad demographic statistics. Most public pages of our site can be accessed without providing any additional personal information.
When you provide Smart Works with additional information, as described under 'Active Information Collection' above, we will store all data that meets the following criteria ...
– data to provide a record of business communications,
– data necessary to follow-up and resolve requests,
– data suitable for marketing purposes,
– data required to determine and manage access rights,
– data required to deliver current and prospective services, and
– other data as legally required.
Smart Works will not store financially sensitive content such as credit card numbers for any longer than is required to process a requested transaction.
| How does Smart Works use collected information?
| Your personal information may be used in order to …
– provide the services that you require,
– ensure our website is relevant to your needs,
– deliver newsletters and answers to requests,
– administer and manage services,
– conduct appropriate checks for credit-worthiness,
– research and develop our products and services,
– gain an understanding of your needs,
– maintain and develop our business systems,
– promote and market our services,
– protect our intellectual property and other rights, and
– to fulfill any legal requirements.
| Who does Smart Works disclose collected information to?
| Smart Works does not disclose personal information, unless it is required for the purposes outlined under 'How is the collected information used?'. In these cases and under certain circumstances, disclosure to the following organizations may occur …
– to Smart Works and other related companies with suitable privacy policies,
– to outsourced providers that are part of the delivery of service,
– to selected reputable organisations for outsourced marketing of our products,
– for billing and debt-recovery purposes,
– to IT services assisting in service delivery,
– to your representatives,
– to credit reporting and fraud checking agencies,
– to credit providers for credit related purposes,
– to our professional advisers (accountants, auditors, lawyers and professional consultants),
– to Government and regulatory authorities and other organizations as required by law, and
– to any organisation involved in the potential transfer or sale of our business assets.
| How secure is my personal information?
| We take reasonable steps to protect your personally identifiable information as you transmit your information from your computer to our website and to protect such information from loss, misuse, and unauthorised access, use, modification, disclosure, alteration, or destruction.
However, you should keep in mind that the transmission of information over the Internet is not completely secure or error-free. In particular, e-mail sent to or from this website may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
Personal data will not be transferred outside Australia unless we reasonably believe that the information will remain subject to principles for fair handling of the information which are substantially similar to the National Privacy Principles and will not be collected, held, used or disclosed by the recipients of the information in a manner inconsistent with this policy.
| How can I correct, delete or access my personal information?
| You are able to request access to the information that is being held about you (using the contact details provided below). We will provide you with details of the personally identifiable information and for what purposes it is being held.
You may also request that we update or amend any personally identifiable information being held about you. We will take reasonable steps to update or correct as soon as possible any information in our possession that is inaccurate, incomplete, out-of-date or misleading.
You may also choose to 'opt-out' and instruct us to delete all personal information that pertains to you, with the exception of any information that we are legally required to store. We cannot however delete disclosed information, see 'Who does Smart Works disclose collected information to?'.
| What about links to other websites?
| This website contains numerous links or references to other websites. Please be aware that we do not control these websites and that this Privacy Statement does not apply to those websites. We encourage you to read the privacy policy of every website you visit. If in doubt, do not provide sensitive personal information.
| How is child privacy protected?
| The Smart Works wbsite is intended for an adult business audience and does not knowingly collect any personal information from children. Our website content is commercial and intended for an adult business audience, the content should not be harmful to minors however we ask that children under the age of 18 have a parent or guardian supervise access to our website and verify any registration and/or data submission. Please also refer to the information on links to other sites. We strongly encourage parents and guardians to talk to their children about their use of the Internet and the information they disclose to websites.
| What other terms should I be aware of?
| Use of this website is subject to the 'Terms and Conditions of Use' contained on this page. The Privacy Statement should be read in conjunction with the terms and conditions of use.
| Is this statement subject to change?
| This Privacy Statement is subject to change without notice as part of our constant pursuit of business excellence. Revisions to this policy will be posted on this website. Please check back periodically, and especially before you provide any personally identifiable information.
| How do I contact Smart Works if I still have privacy concerns?
| If you have any questions, comments, or concerns about this Privacy Statement or the information practices of this website, or if you do not want us to use or retain your personal information, please contact us as follows ...
The Privacy Officer
Smart Works Pty Ltd
113 Ferrars Street
Southbank Victoria 3006
Australia
or email privacy@smartworks.com.au
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