TERMS & CONDITIONS

About the Website

Welcome to visiblemarketing.com.au (the ‘service provider’). Visible Marketing provides website development and digital marketing services. The information below governs the use of this website and services provided by Visible Marketing.

  1. The Website is operated by Heather van Heerden, Visible Marketing(ABN 25 248 270 807). Access to and use of the Website, or any of its associated Products or Services, is provided by Visible Marketing.

  2. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

  3. Visible Marketing reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Visible Marketing updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records

Quotations:

  1.  All quotations provided by Visible Marketing are in good faith and based on information provided by the client/ potential client;
  2. Quotations are considered accepted written email confirmation. whereafter a formal invoice shall be sent
  3. Payment of the deposit and final amount should be paid by bank transfer, where the bank details are supplied on the invoice
  4. If applicable, if eccommerce services are to be provided, in using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
  5. Following payment of the price being confirmed by Visible Marketing, you will be issued with a receipt to confirm that the payment has been received and Visible Marketing may record your purchase details for future use.

Refunds and Disputes

  1. Visible Marketing does not provide refunds for hosting, plugins and other paid services. Visible Marketing may, at their sole discretion, provide a refund if all other remediation opportunities have been exhausted without success

Copyright and Intellectual Property

  1.  Upon completion and handover of the website to the client, The Website, its content and imagery belong to the client and become the sole responsibility of the client;
  2. Visible Marketing retains the right to mention your website and claim to be the creator of your website (if applicable), and may feature in the portfolio section of Visible Marketing with your permission

Privacy

  1. Visible Marketing takes your privacy seriously and any information provided through your creation of the Website and/or the Purchase Services are subject to Visible Marketing’s Privacy Policy, which is available on the Website.

General Disclaimer

  1. Visible Marketing will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Termination of Contract

The Terms will continue to apply until terminated by either you or by Visible Marketing as set out below.

a. Client initiated cancellation:

  1. Notifying Visible Marketing at any time; with at least 48 hours notice and ensuring all payments as agreed are up to date
  2. Visible Marketing will handover all-access, content etc once payments are up-to-date
  3. Your notice should be sent, in writing, to Visible Marketing via email to heather@visiblemarketing.com.au

b. Visible Marketing initiated contract termination

  1. you have breached any provision of the Terms or intend to breach any provision;
  2. Visible Marketing is required to do so by law;
  3. Visible Marketing is no longer operating

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Visible Marketing have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity:

  1. You agree to indemnify Visible Marketing, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  2.  all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or
    arising out of or in connection with any Content you post through the Website;
  3.  any direct or indirect consequences of you accessing, using or transacting
    on the Website or attempts to do so and any breach by you or your agents
    of these Terms; and/or
  4.  any breach of the Terms.
  5.  Once the website is live, and after your 1 month support period is over, Visible Marketing is not responsible for maintaining the website or fixing any errors or bugs that come up, unless by prior agreement, or signing up for a Maintenance package)

Governing Law

(a) The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice:

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.