CRUSH STUDIOS – TERMS AND CONDITIONS

 

Please take the time to read these terms and conditions. By using our Website and the Services and information offered on our Website, you are agreeing to these terms and conditions.

If you purchase products through our Website, there will be additional terms and conditions relating to the purchase. Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.

 

Definitions:

Services means Website Design, Content Management, SEO, Web Hosting, Marketing and Strategy services

The Website means the website www.crushstudios.com.au

We / Us etc means Crush Studios and any subsidiaries, affiliates, employees, officers, agents, assigns or collaborators.


Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice.

 

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.

If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

 

Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

 

Indemnification for loss or damage

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

 

Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material, other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a License Agreement.

If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:

design@crushstudios.com.au

 

Trademarks

The trademarks and logos contained on this Website are trademarks of Crush Studios. Use of these trademarks is strictly prohibited except with our express, written consent.

 

Links to external websites

This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.

You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.

 

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

Web Loaders and any affiliates shall not be liable to you or any other person for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including negligence), breach of warranties, either express or implied, any breach of this agreement or its incorporated agreements and policies, your inability to use the software or services, your loss of data or files or otherwise, even if Web Loaders has been advised of the possibility of such damages. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of Web Loaders due to your enrolment in the affiliate program.

 

Packages  
Are as per the Pricing page of our website and current at all times www.crushstudios.com.au/pricing

 

Plugins
These are generally third-party applications to help with functionality. Some are free of charge and some are paid. We only use plugins from trusted sources that maintain and update regularly. From time to time we may purchase a developers lic allowing us to use that particular plugin across multiple websites. if you decide to move onto other hosting services or away from Crush Studios you may do so in writing 60 days prior notice. all developers lic plugin license keys will be removed, and you may have to purchase an individual licence for that plugin. we can help set this up at our standard Hourly rate of $120+gst fee.

 

Content
It is the responsibility of the customer (you) to provide all content in a perforated way to ready to upload to your site. any unformatted or resizing required will be charged at our hourly rate of $120+ GST unless prior agreement has been made. We have available content and other optimisation packages available. please refer to our pricing page or your quote for clarification.

 

Optimisation – SEO & Google rankings

We have several optimisation packages available these may be a combination of in house and contracted services. refer to your quote for details of inclusions. Whilst we do our upmost to lift your rankings in google this will depend on several factors i.e. The website and optimisation packages chosen, competitive landscape , provided content or content package, Googles updated algorithms, images selected or provided, nature of business, Please note that from time of site submission Google can take up to 3 months to effectively crawl your site and understand its nature to best rank it. No guarantees can be made to ensure ranking position unless quoted to do so this would be via a third party and indemnify crush studios from any recall.

 

Additional services 
Any additional services maybe provided in-house or by third parties as selected and engaged by Crush Studios this case we will administer the transition and assist in the negotiation of the service Crush Studios will not be held accountable for any loss or damaged used caused by third parties that have had their services approved by the client in a revision meeting.

 

Hosting, Domains & Maintenance

When Crush Studios build your new or transformed website, we encourage you to join our hosting partner Conetix Australia. We will set up the hosting and move your domain (if applicable) to Conetix free of charge. By joining our hosting, we can give piece of mind with your site being hosted on our own VPS (private server). For the safety and security of your site and others we host it is essential for the website to be maintained. We have several maintenance packages for you to choose from (see our pricing page). If you decide to self-manage your maintenance and something goes wrong with your site or your site affects another site on our VPS that you will be liable for the costs to repair yours and any others the standard cost of repair is $120 per hour Inc GST and any site cleaning fees. Your hosting and maintenance care packages start from the date of deposit and will be renewed 12 months post the date of deposit, monthly instalments are also available.

 

Support and Content changes 
This will be governed by the type of Care Plan quoted, for clarity Email support is available on the Essentials and Premium care plan, Phone support is available on the obsession care plan otherwise is billed in half hour increments and entitles the customer to free support chat discussions and about their site. Any additional changes to the site outside of care packages will be charged at or standard rate of $120per hour Inc GST. Content updates are as per your care plan type amount to uploading or changing of current images that have been optimised ready for uploading or changes in current text on page switching of phone numbers, address etc. Design changes additional sections or pages are not included and will be charged at quoted rate upon discussion. One on one training is available at $120 per hour Inc GST and can be either be face to face or via video conference depending upon location. Access to training videos can be made available via a links to the relevant section. Website performance SEO rankings for any changes is not included and a SEO agent should be involved to maximise returns we will advise if necessary.  

 

Backups

Crush Studios will set up back up programs in line with your chosen Care Plan package. Whilst all care is taken to ensure we have multiple back-ups and core file copies We also recommend you conduct your own backups on a periodic basis. Whilst we use reliable back-up systems on occasion all data backups can fail.

 

Email

We strongly advise that your email addresses be hosted by Google Gmail or Microsoft 365 (we can set this up at a nominal fee). Whilst we can host your emails free of charge via our web hosting provider additional fees may be charged for disk space from unmaintained email accounts if your email is spammed and caused damage to your or another website you will be liable for the costs to repair yours and any others the standard cost of repair is $120 per hour Inc GST and any site cleaning fees.

Clients should always copy all content, blogs etc and associated emails on their Website to a local computer and / or external source (hard drive) or cloud based back up system

Crush studios will set up a mail delivery system via a third party to ensure email delivery this will be on a free plan and allow up to 1000 emails per month paid plans also available. We may require access to DNS records not held by us.

 

Pricing

Crush Studios quotes or proposals are valid for 30 Days. Crush Studios reserves the right to re-quote if third party services or our fees have increased after the 30 days has expired.

Any additional requirements not originally quoted will be invoiced separately at $120 per hour Inc GST or agreed/ quoted rates.

All pricing listed within our website or quoted are subject to and include GST.

Upon acceptance of Quote/ Proposal a deposit of a nominated rate not more then 50% and all third party set up fees will be paid prior to work commencing. After the design confirmation is agreed upon 30%. Final payment of remaining 20% is required after the final design meeting unless prior arrangements are in place via varied quote. All payments must be cleared prior to services being completed and live online.

 

 

Project Timings

Crush Studios will work to your timelines where possible. As discussed at time of engagement Crush Studios unless otherwise agreed to will work on projects after normal business hours and on weekends, Therefore customers must understand that projects in the workflow will take precedents over new projects. Crush Studios will do its utmost to inform the client of any changes in timeline but accepts no liability for costs incurred due to the late delivery of projects.

Project delayed from awaiting customer content submission or other reasons outside Crush Studios control for a period of 3 months may attract further progress payments at the discretion of Crush Studios management. If this exceeds a 6 months period full payment may be required and timelines may have to be renegotiated, additional payments may be required if third party or Crush Studios fees have increased over the period of non-supply.

 

Product Warranty

Crush Studios endeavours to provide clients with the best value products and services.

All websites will have a final inspection prior to launching or going live online, however It is the responsibility of the client to agree to the content and design of their website prior to launch date and on an ongoing basis. The client must notify Crush Studios of errors or changes within 30 days of going live. Crush Studios will continue to provide support to assist the client in resolving any issues. If a Care Plan package has been purchased, then Crush Studios will continue to take care of issues as they arise.

Crush Studios accepts no liability for errors or changes required on the website that directly or indirectly effect the client’s business or third parties associated to your business.

 

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, visit our Privacy page below.

 

Confidentiality

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

 

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of NSW, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in NSW.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, In your country of residence or any other appropriate country or jurisdiction.

Copyright © 2020 Crush Studios

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