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1. Provision of Services

1.1 Creative Digital Canvas Mailing address PO BOX 5189, HALLAM, VIC, 3803. ABN 93 503 197 002 will provide you with the services set out in your confirmed Purchase Order. Only those services mentioned will be provided by Creative Digital Canvas and any amendments, add-ons or schedule changes must be agreed to in writing. This and the following clauses are the General terms and conditions on which those services are supplied and together with the Purchase Order and Fee Schedule form the total agreement between us.

2. Costs and Payments

2.1 You must pay all charges as set out in the Purchase Order. As prices quoted on Creative Digital Canvas material may change at any time without notice, please check the price on your Purchase Order before confirmation. Cost estimates are only valid for a period of 30 days.

2.2 You will remain liable for all fees during any period when Services have been discontinued or suspended due to a failure on your part to comply with these terms and conditions.  All intellectual property rights remain with Creative Digital Canvas until payment.

2.5 You must pay Creative Digital Canvas charges by the due date without any set off, counter claim or deduction unless same is agreed in writing between us.

2.6 Any payment not made by the due date specified on your invoice will incur a late payment fee to the value of 5% of the total amount due.

2.7 Creative Digital Canvas reserves the right to prioritise early paying clients and to charge urgency fees for turnaround within 2 working days. (Overnight status)

2.8 Agreed Costing is conditional on your supplying data required for a Website Stage or completion deadline agreed within 7 working days of confirmation of Order. Creative Digital Canvas reserves the right to revise costing if that condition is not met in line with charges applying at the relevant time.

2.9 Construction files remain the property of Creative Digital Canvas unless arranged otherwise.

2.10 Printer or ISP Liaison is charged at our Project Management rate per hour.

3. Limitation of Liability

3.1 Implied, statutory or otherwise relating to the provision of services by Creative Digital Canvas not contained in the Agreement are excluded and Creative Digital Canvas WILL NOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL LOSS OR DAMAGE) HOWEVER CAUSED (WHETHER BY NEGLIGENCE OR OTHERWISE) WHICH MAY BE SUFFERED OR INCURRED OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY with respect to the service. respect of Creative Digital Canvas relationship with you, or otherwise gives you a particular remedy against Creative Digital Canvas and the legislation or any other legislation renders void or prohibits provisions excluding or modifying the application of, exercise of, or liability under such implied term, condition, warranty or remedy will be deemed to be included in the Agreement or as the case may require apply to the relationship between Creative Digital Canvas and you. However, Creative Digital Canvas liability for any such breach of such implied term, condition or warranty or under such remedy, will be limited, at Creative Digital Canvas option, in any one or more of the ways permitted in that legislation, including, where so permitted if the breach relates to Services the supplying of those services again or the payment of the cost of having those Services supplied again.

3.2 You acknowledge that web sites cannot be guaranteed to be 100% error free in construction and/or 100% secure, and acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate this agreement.

4. Suspension of Services

4.1 Creative Digital Canvas reserves the right to suspend services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us work may be taken suspended or taken down until payment is confirmed.