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Terms & Conditions

Below is Relab’s standard Terms & Conditions. Please take time to read through our terms thoroughly and ensure you understand them before you commence a project with us. By requesting designs and/or services from Relab trading as Relab Studios Pty Ltd you agree to our Terms & Conditions, and you are aware that you are entering a binding contract – payment is required.

This TERMS & CONDITIONS AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between RELAB STUDIOS PTY LTD, ACN 617 548 919 of Suite 30, 10-20 Gwynne St, Cremorne VIC 3121 under Australian Law and apply to all individuals, businesses or companies (“Client/s”), engaging the services of Relab Studios Pty Ltd, its contractors, subcontractors and employees (“Relab”) with regard use of services (“Scope of Work”) and also use of Relab’s website: https://www.relab.com.au (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website and services, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Relab shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Relab for services rendered shall remain and continue to be an ongoing obligation owed by Client to Relab.


1. General Conditions

These terms cover all contracts and agreements entered by a Client with Relab for services relating to scope of work. These terms are subject to change without notification by Relab.

Relab will not charge for additional revisions of artwork (applicable to design subscription only) provided that the Client’s request conforms to the original brief and is communicated within the agreed and reasonable timeline (if provided).


Original Brief, Variations and Guarantee

The Client can book an initial 15-minute consultation at no charge, subject to availability. This can be held online. A brief can be submitted via Relab’s project tool. This will assist in the evaluation and formulation of the Client’s requirements.


Quotations

Quotations are generated by Relab on the basis that project is Out of Scope and expected additional time investment. Quotation may be subject to change if additional work, subscription fee, miscellaneous charge is required.


Approving Proofs/Designs/Printing

The Client is held responsible for approving all artwork proofs and ensuring accuracy and suitability. This includes but is not limited to; design, spelling, grammar, illustrations, images, quantity, etc. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required.

The Client’s final accepted proof is the artwork that will be submitted for their prints and/or web construction. There will be no prints or web development at our expense.

The Client shall indemnify Relab, its director and representative from and against all actions, claims, damages, liabilities or costs (including legal cost) arising from, or directly or indirectly related to provision of materials, use of services by you or anyone else, or otherwise arising.


Payment

Relab reserves the right to request a deposit from the Client prior to starting work on a project; or an upfront full payment for design subscription. If a payment is requested, an invoice will be generated and delivered to Client via email and payment is expected. By remitting funds to Relab, the Client is accepting the Terms & Conditions and entering a contract with Relab. Relab reserves the right to invoice prior to project commencement if the Client is uncontactable/unresponsive for more than 30 days – refer to Cancellation & Variation Policy. Relab reserves the right to invoice for work completed if the project exceeds 30 days.

All prices quoted on Relab’s website and proposal include delivery and exclude GST. Full payment for design subscriptions is to be made immediately prior to commencement of services. Deposits are to be made within 7 days of invoicing, and subsequent payments (if relevant) are to be made within 14 days of invoicing.

Relab is entitled to charge the Client for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid more than 30 days, including 1% monthly late fee for unpaid invoice (calculated on a daily percentage rate).


Returns and Refunds

Relab reserves the right to deny refunds based on its own self discretion and without notice or liability to the Client. Refund requests are assessed on a case-by-case basis. Should Client request a refund during the first month of use, all materials produced by Relab are owned by the company and are prohibited from being used by the Client in any way.

If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period.

Relab reserves the right to take appropriate legal actions against Client for breach of this paragraph.


Cancellation and Variation Policy

Relab reserves the right to charge additional costs if the original project outcome is altered. If the Client requests the cancellation of a Contract, Relab will determine the cost of the services provided. The Client will be invoiced this amount minus any deposits paid on the project to date.

Relab will conclude a project as completed if no response is received from Client within 30 days of providing final artwork/delivery. Relab will then invoice the Client for final payment of total project and non-payment will result in collection processes. Legal action may also be taken by Relab to recover all monies owned.


Missed Appointment Policy

No-shows, late arrivals and cancellations to booked meetings may cause inconvenience. We respectfully request at least 24 hours notice.

Booking fee is non-refundable or transferable.

When you book a meeting, you are holding a space on our calendar that is no longer available to other clients. If you need to change your meeting time, please reschedule your appointment 24 hours prior to your appointment scheduled.

A no-show is when the Client misses an appointment within the appointed time. In either case of no-show and cancellation, Relab will charge a dishonour fee of $20.00


2. Limitation of Liability

The Client agrees and accepts that Relab is not legally responsible for any loss or damages suffered or incurred related to use of any of the Services based on Scope of Work, whether from amendments, errors or omissions in documents, designs, information or any goods or services offered by Relab. This includes the Clients use or reliance on any third-party content, links, comments or advertisements. The Clients use of, or reliance on, any information or materials Relab produces, amends or designs is entirely at your own risk, for which Relab shall not be liable.

It is the Client’s responsibility to ensure that any artwork, images, files and text submitted does not violate Australian copyright laws. Relab and its contractors assumes all written and visual content adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use.


Copyright, Ownership and Materials

Ownership of copyright over all concepts and draft artwork remains with Relab. This includes, but is not limited to; logos, symbols, compositions and copy. Unlawful use of these artworks by the Client is strictly prohibited. The use of artwork/deliverables prior to payment is illegal.

Artwork designed will remain the property of Relab until account is paid in full. Upon full payment of account, copyright ownership will be transferred to the Client. For more information visit https://www.copyright.org.au/

Client warrants that all materials provided to Relab as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Relab and their designers always reserves the right to share the Client's artwork and all design elements for portfolio/self-promotion (social media, website, etc.)

Relab does not take responsibility for Trade marking of any kind. It is Client’s responsibility to check trade marking laws and existing Trademarks for availability.


Technology Advancements

The Client is to refer to their technical support company for queries regarding the following services and their applicable terms and conditions: set up of email addresses, emails going to spam/junk, email not functioning and email signatures.

Relab does not provide the following services: domain names, hosting and registration, SSL certificates, email addresses, email hosting, set up of email addresses, email errors of any kind and email signatures.

Relab holds no responsibility if your email addresses are targeted with spam as it is outside of Relab’s control. Relab holds no responsibility if the Client’s email account details are attained and used to send spam or malicious material. Relab cannot take responsibility if the Client’s site is “Hacked” or maliciously attached in form. Relab is not held responsible and is not liable for any loss of income to arise from the Client’s website “going down”, being hacked or otherwise. Relab does not take responsibility for any unforeseen advancements in technology that may have negative effects on any aspects of the Client’s site or system.

To extent permitted by law, Relab, its director and employees hereby expressly exclude: (a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity; (b), any liability for loss of income or revenue; loss or interruption of business; loss of uptime; loss of profits; loss of or damage to software; loss of anticipated savings; loss of data; loss of goodwill; wasted management; or any liability for any direct, indirect or consequential loss or damage incurred by you or any end user in connection with Services, or use of Services; and (c) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. You shall indemnify Relab, its director and representatives from and against all actions, claims, damages, liabilities, or costs (including legal costs) arising from, or directly or indirectly related to provision of Materials or Site Software, use of Services or Site by you or anyone else, or otherwise arising.


Force Majeure

Relab shall not be liable for any failure or delay in supply or delivery of artwork or services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of the Company including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.


3. Terms of Use
Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Relab and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Relab and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the Australian Law, foreign jurisdictions and international conventions. Contents are provided for your information and personal use only. Except as expressly provided herein, no part of the Website and no content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Relab’s express prior written permission. Relab reserves all rights on the website.


User Representations

By using the Website, Client represents and warrants that: Client has the legal capacity and agrees to comply with Relab’s terms; Client is not a minor in the jurisdiction of their domicile; Client will not access the Website through automated or non-human means; Client will not use the Website for any illegal or unauthorized purpose; Client’s use of the Website will not violate any applicable law or regulation.


Prohibited Activities

Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavours except those related to the work performed by Relab on behalf of the Client. Further, Client agrees to refrain from the following: Make any unauthorised use of the Website; Retrieve data or content for the purposes of creating or compiling a database or directory; Circumvent, disable, or otherwise interfere with security-related features on the Website; Engage in unauthorized framing or linking of the Website; Trick, defraud or mislead Relab or other users; Interfere with, disrupt or create an undue burden on the Website or Relab networks or servers; Use the Website in an effort to compete with Relab; Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website; Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof; Harass, annoy, intimidate or threaten any of Relab’s employees, independent contractors or agents providing services through the Website; Delete the copyright or other rights notice from any Content; Copy or adapt the Website’s software; Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website; Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism; Disparage, tarnish or otherwise harm Relab; Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.


Modifications

Relab reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. Relab reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.


Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Victoria without regard to conflict of law principals.


Miscellaneous

These terms and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Relab. Failure of Relab to enforce any right or provision of these terms shall not operate as a waiver of such right or provision. If any provision or part of these terms is determined to be unlawful, void or unenforceable, that provision shall be severed from these terms but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between Client and Relab.

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