Please read these Terms of Service ("Agreement") carefully before using our services and deliverables. This Agreement sets forth the legally binding terms and conditions for your use of the services and deliverables provided by Tim McNeill Design ("Company," "we," "us," or "our").
Governing and Applicable Law
This Agreement shall be governed by and construed in accordance with the State of New South Wales and Australia, specifically including the Australian Consumer Law (ACL). Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Australian New South Wales courts.
International Protection
We provide no guarantee or warranty against any legal action or damages that may arise internationally from our work. It is your responsibility to comply with the laws and regulations of your jurisdiction.
Accountability Provisions
We reserve the right to hold our clients accountable for any false, misleading, or incomplete information provided to us. We comply with our obligations under the Australian Consumer Law (ACL) and are not liable for any loss or damage incurred as a result of your own acts or omissions.
Termination of Service Agreement
We may terminate the service agreement at any time for reasons including but not limited to unprofessional conduct, bad behaviour, legal action, or lack of payment. Termination may be immediate, without prior notice, and without liability for any resulting losses or damages.
Liability Provision
To the extent permitted by the Australian Consumer Law (ACL), we exclude all guarantees, conditions, warranties, and representations, whether expressed or implied, regarding our work or services. We are not liable for any loss, damage, or injury arising from the use of our work and services, except as required by law.
Limitation of Liability
Tim Mc Design and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of our work or services.
Indemnity
Except where prohibited by law, by using our deliverables and services, you indemnify and hold harmless Timothy McNeill and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our work and services or your violation of these Terms and Conditions.
Acceptable Usage Protection
You are solely responsible for your conduct while using our work and services. You agree not to engage in any illegal, harmful, or inappropriate activities and will indemnify and hold us harmless from any claims, damages, or losses resulting from your conduct.
Right to Terminate
We reserve the right to terminate your access to our work and services immediately and without prior notice if you breach any terms of this Agreement. Termination may result in the loss of data, information, and access to our work and services, and we shall not be held liable for any resulting damages.
Protection against Unlawful Termination Claims
In the event of termination, you waive any claims for unlawful or premature termination and agree to hold us harmless for any damages, losses, or claims arising from such termination.
User Rights and Responsibilities
You acknowledge and agree that you have certain rights and responsibilities while using our work and services. Nothing in this Agreement excludes, restricts, or modifies any condition, warranty, right, or liability imposed by law that cannot be lawfully excluded, restricted, or modified.
Intellectual Property
All content published and made available on our site is the property of Tim Mc Design and the site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our site.
Ownership of Intellectual Property
We retain full ownership of all intellectual property rights associated with our work and services until full payment has been received. Until such payment is made, we reserve the right to withhold the deliverables, including any intellectual property, created as part of our work. Once full payment has been received, ownership of the intellectual property rights associated with the deliverables will be transferred to you, subject to any applicable third-party rights or licences.
Please note that this provision is intended to protect our intellectual property rights and ensure payment for our services, while allowing for the transfer of ownership upon receipt of full payment.
Third Party Goods and Services
Our work may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site, or included in our services.
Links to Other Websites
Our Site and work may contain links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our site or work. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites or deliverables.
Payment Terms
Full payment is required on the date of service delivery. A deposit of 50% of the total service cost is required before commencing any work. This deposit is non-refundable if the final deliverables are not paid in full.
Withholding of Final Deliverables
We retain the right to withhold the final deliverables until payment has been made in full. Once payment is received, the deliverables will be provided to you.
Client Responsibility for Work and Deliverables
Once our work has been completed and the deliverables provided, you assume full responsibility for the work, its use, and any consequences that may arise from it. We are not liable for any damages, losses, or claims resulting from the use of our work.
Additional Work
Once the final deliverables have been supplied, any additional work requested will be considered an additional service and will require separate payment as mutually agreed upon by the parties. The pricing and terms for additional work will be communicated and agreed upon in writing.
Confidentiality and Disclosure
Our working relationship is not confidential, and we reserve the right to disclose our work history and relationship with our clients as required by law or for legitimate business purposes.
Compliance with Australian Consumer Law (ACL) and Severability
Nothing in this Agreement is intended to exclude, restrict, or modify any rights or remedies you may have under the Australian Consumer Law (ACL) or any other applicable legislation that cannot be excluded, restricted, or modified. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, it shall be severed from this Agreement while the remaining provisions shall remain in full force and effect.
Condition Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our website and services and the way we expect users to behave on our website and with our services. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact
Please contact us if you have any questions or concerns. Our contact details are as follows:Timothy McNeill timmcdesign@gmail.com Updated: 1st Jan 2017
By using our deliverables and commencing our services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service, including compliance with the Australian Consumer Law (ACL) and other applicable laws and regulations.