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Terms of Service

1. INVOICES & PAYMENT
a. Invoices for design work will be issued on confirmation of the proposed work. Payments are required to be paid in full, prior to work commencement, unless an alternative method has been arranged with management. Billing accounts for clients is decided by Hanley Designs staff and is entirely up to our (Hanley Designs) discretion.

b. Website hosting requires the package to be paid in full prior to registration of the hosting service. An email payment request for the preferred payment method may be issued to the client post registration form completion, the client should follow the instructions in this email provided to complete the order. No service will be initially activated before payment is received in full. Delays of up to 6 hours with no guarantees of the period between submitting the registration form and receiving the payment request email. Once the payment is recieved in our nominated bank account, we will activate the new account and notify the client by email, including instructions on how to log into the hosting service for the first time.

c. Renewing services must be paid in full prior to the anniversary of the date of registration for the nominated period as decided by the customer at the time of purchase. Hanley Designs will strive to issue a reminder 30 days before the due date of any renewing purchase. Services with any specified period of service (i.e 1, 3, 6, 12, 24 months etc..) will be automatically renewed at the end of the paid for period, including services advertised with the text **For your convenience, this service will automatically renew until cancelled**. 

Renewing accounts will continue to be billed periodically unless specifically requested by the customer for a 'one off' purchase; or if the service is voluntarily cancelled by the customer prior to the date of renewal. If a renewable service is cancelled, the service will continue to operate until the remainder of the paid for period has expired.

If a renewing service remains unpaid after the renew date, Hanley Designs will not hesitate to begin legal proceedings to recover the unpaid balance through debt collection and through the courts if required. Clients are required to read the Terms of Service prior to purchasing Hanley Designs products and services, thus being fully aware of the conditions for payments.

d. On-site appointments exceeding 200km (return) travelling distance require down payment of the total travel fee, this is due and payable prior to technician departure.

2. CHARGING RATES
a. As of 14/02/2010, all charging rates for work undertaken are charged at: $66.00 per hour.

b. Travel charges for on-site appointment: $0.66 per KM (minimum charge $25)

c. Pricing of products and services are subject to change without notice, any price given per period (e.g. 12 months) is only inclusive within the purchased period. After which, a greater or lesser price may be billable for the new service period. 

3. TITLE OF WORK
Each product is subject to individual titles as described here:
a. Any graphics or design work created by Hanley Designs for any project, remain the property of Hanley Designs, and thus Hanley Designs may use these images for future non-related projects.
b. Original photographs produced by 'Hanley Designs' are not to be reproduced or altered in any way without prior concent.
c. It is assumed and expected that any photographs supplied by clients for digital editing are those owned by the client. The client therefore reserving full rights to redistribute and alter those images on their own accord.
d. For quality assurance, all websites produced by 'Hanley Designs' are marked with a small label in the site footer which directs to our company website, it is a condition of these terms that this label will remain affixed, unless an additional fee of $149.00 is paid for it to be removed as outlined in our services. If the footer label is removed without prior notification or consent, the 'Label Removal' fee will be automatically invoiced to the client and made payable (plus an additional $50 penalty fee). If we have reason to suspect website damage has been caused by client interference, this may also warrant the Label Removal penalty, and will be billed at our discretion. Once this label has been removed and applicable fees have been paid, the client is then free to customize, alter or update the website core, modules and theme without restriction; however any manipulation of images produced by Hanley Designs for the project is not authorized (as outlined in section 3a).
e. Any work whether complete or incomplete for whatever reason not used in any production or sale, will remain the property of Hanley Designs, unless it is specifically requested and purchased by the original client.

4. UPDATES FOR HOSTED SOFTWARE
We offer services to update our clients software for a fee, no client is authorized to update their website core, module or theme/ template release, unless the applicable licence removal fee has been paid in full (as mentioned in section 3d), this releases Hanley Designs of any responsibility in the event of a failed update caused by user error. It is a condition of these terms that the client understands that any repair work to resolve such issues after our label is removed is newly billable and will be charged at the current hourly rate. 

5. RESELLING FOR PROFIT
Reselling rights are explained per service titles as written throughout section 3 of these terms.

6. OVERDUE ACCOUNTS
No service shall be supplied to persons holding overdue accounts, until such time as the account is brought up to date. Hanley Designs reserves the right to maintain possession of any work produced or materials collected and are properties of the client, until their account is paid in full. In the event that an account is not paid in full and the client makes no attempt to complete payments by their due date/s, the client agrees to absorb all legal costs, interest, and damages incurred to recover any losses caused by the spoken debt. All attempts to recover unpaid accounts will be made, including debt collection services and legal proceedings.

7. QUOTATIONS
Hanley Designs offer a free quotation with every project as requested by the client, all quotes remain valid and accountable for up to 10 days after the print/distribution date. After that time, an updated quote may be created. Quotes that are produced in person during an in-office meeting, on on-site appointment, may incur a fee if deemed appropriate.

8. ALTERATIONS & ALLOCATIONS
a. After work has commenced, the client has a maximum of 14 days to produce information, images, and other requirements as outlined in the project brief. Alterations and inclusions requested after this time may be charged at additional cost.
b. After amendments are completed, the client agrees to pay a fee which is relative to the hours consumed for the work undertaken in addition to the original quotation. 
c. Editors Rights - By default, we do not permit our clients to edit their own website content, this allows Hanley Designs to maintain quality and consistency between each pages formatting on our clients websites. However, if a client specifically requests for the ability to edit their website content, we do permit this after we have completed the initial setup of the website, Hanley Designs can create an Editor account with limited permissions to update content within pages throughout the website for the client to use. Once a client has purchased Editors Rights for their website, we cannot accept any liability or bad workmanship in relation to the web pages altered by the client if an issue occurs with loss of data, images or formatting from any particular page; if Hanley Designs is requested by the client to correct any issues, they will be newly billable to the client. Full Administrator rights are provided to the client ONLY when purchasing Label Removal from the website as outlined in section 3d of these terms. 


9. CORRECTIONS & APPROVALS
Whilst we endeavour to ensure correctness, it is the responsibility of the client to ensure that the content, layout and spelling are satisfactory before finalizing work. We trust that the information our clients provide us with is correct at the time of inclusion into any assignment.

10. CLAIMS
All claims regarding faulty workmanship must be addressed within 7 days of work completion, if any issues are discovered in relation to developer error, we will seek to correct the issue at no further cost to the client. However, any alterations or other tampering of the product by the client will not be covered by our company (as written in section 3d and 4 of these terms).

11. COPYRIGHT & OWNERSHIP OF CONTENT PROVIDED
It is expected that all content supplied to Hanley Designs for the purpose of any assignment project, should be  entirely owned, or have the appropriate permissions granted to the client by its owner. We will not accept responsibility for the use of any unauthorized content provided to us by any client. Any disputes in relation to copyright or ownership of any content used, the issue should be dealt with directly between the client and the legally entitled owner of the content, thus releasing Hanley Designs from any responsibility.

12. WORK COMPLETION TIME
An estimated completion time is generally provided at the time of quotation, however this should not be viewed as a definite time-span as many factors may alter the outcome. Hanley Designs will not be held liable for work that takes longer than quoted to complete, including delays subjected by the client failing to provide adequate materials within the required period. It is the responsibility of the client to provide correct account login information for external hosted server control panels and domains, we will not accept responsibility for delays due to lack of account information, and do not consider it our responsibility to chase account details for any client with any company.

13. DOMAIN REGISTRATION
We cannot and do not guarantee the availability of any domain name, it is important to check the availability of your preferred domain name before requesting it in our Registration forms. Although we will try our best to reserve your preferred domain name in your order, on the rare occasion it may already have been registered or cannot be registered at that specific time. When ordering your domain names through Hanley Designs, there may be a time delay between when your domain is paid for and when it is registered, normally fulfilled within 6 hours of the same working day. If a domain name is not available at the time of request, we will notify the client and suggest a suitable alternative, or request a revised domain name from the client to their preference. 

14. WEBSITE HOSTING
Hanley Designs offer various hosting packages to our clients, and we offer full support for these services at no extra charge. Some server limitations may prevent functionality restrictions of your website, such as our servers do not support in-server FLV video conversion on the fly, so please request further information if you have any questions. Hanley Designs is an authorized reseller of shared hosting services through a reputable Award Winning company based in the USA, unless otherwise stated..

15. PHISHING
Any type of phishing activity identified in relation to a hosted account, may result in immediate suspension of the service until the issue is resolved by the client. It is against these terms for any website to host criminally fraudulent files with any purpose to attempt to acquire sensitive information, maintaining the security of a website with the latest security updates can help prevent unauthorized activity. Repeat offenders may receive termination of their hosting services, without refund or reinstatement.

16. HANLEY DESIGNS ADVERTISING NETWORK
The Hanley Designs Advertising Network "HDAN" is designed to perform best when all participants of the program abide by the conditions set here, by purchasing our advertising services, the client agrees to have read and understood the following requirements:
A. All participants must display the HDAN ads on at least 75% of their website's pages.
B. All HD advertisements must display the URL of the domain it is promoting.
C. All advertisements must be hyper-linked to the domain/sub-domain displayed.
D. Limited offers apply for the first 12 months for any new advertiser domain, normal pricing shall commence on renewal.
E. Advertisement designs/information may be updated at any time, new ads are only published with the approval of Hanley Designs staff.
F. We (Hanley Designs) reserve the right to refuse the inclusion of any advertisement at our discretion.
G. HD ads are NOT to be removed from any advertiser website during any stage of the paid for period, as this may result in a suspension of the advertiser's own ads in our system. The HD Ad Network can only work efficiently and fairly if all participants contribute equally. Suspended ads will be reinstated as soon as the HD Network is found to be operating on the website in question by Hanley Designs staff.
H. We will not refund any payment (portion or entire) if any ad is suspended or removed from our system due to breach of these terms. The HD Advertising Network is a no-refund purchase.

17. THIRD PARTY AFFILIATE & COMMISSION PROGRAMS
A. Hanley Designs will not be held liable for any financial losses incurred by participating in any affiliate programs recommended by our staff or through advertisements.
B. In the event that any affiliate program or company should cease to exist due to company closure or program collapse, any past, current, and future losses of any resulting income is not the responsibility of Hanley Designs. All Hanley Designs clients agree to waive Hanley Designs and its partners from any liability from any experience from any affiliate program.

18. CASH FLOW FORUMS INITIATIVE
A. The 'Cash Flow Forums Initiative' refers to Hanley Designs clients who join Global Domains International (GDI) by recommendation of Hanley Designs staff. The Cash Flow Forums Initiative is an advertising venture aimed to assist in the promotion of the GDI website services and business opportunity. Participants in the initiative will be provided with additional training materials, documents, and introduced to the Cash Flow Forums website, aimed to encourage success in the GDI business.
B. Prospective affiliates will be supplied with a GDI DVD, business card, website URL or other approved GDI marketing tools to learn more about GDI's services; if a registration results, it will be in the affiliates own time, and on their own computer (where appropriate).
C. As an affiliate of GDI, he/she understands that from time to time, other affiliates may register to GDI in their down-line as a natural process of the business, thus showing their contact information to those down-line members (which may include other Hanley Designs clients).
D. Before registering to Global Domains International, our clients agree to have fully read and understood the GDI Terms and Conditions and other policies.
E. Our clients understand that they are not obligated in any way shape or form to point their domain/s to the Hanley Designs hosting name-servers, there are many other ways to take advantage of the services within the GDI control panel.
F. Our clients who participate in the Cash Flow Forums Initiative agree to only join GDI as a result of their own genuine interest in the services and/or income opportunity, no Hanley Designs client will ever be pressured into making a decision.
G. For security reasons, Hanley Designs and its staff will never request or accept account information from any GDI affiliate; our clients must manage their own GDI account personally.

19. RETURNS FOR REFUND
Hanley Designs will only accept returns for refund within 7 days of receiving the goods from our store if item, we will not issue a refund on any consumables or software item. Shipping, packaging and labour charges are non-refundable.

20. WARRANTY
A. Hanley Designs sell goods with a 12 month 'return to base' manufacturers warranty, unless otherwise specified by an individual product's warranty description. Some products may provide an extended period of the acceptable warranty term. Affected goods should be returned to Hanley Designs for suitable repair or replacement as soon as possible.

B. Damages or faults not consistent with normal usage of the item may deem warranty for the product null and void.


We reserve the right to alter the conditions of these terms without warning or advise.
All prices are in Australian Dollars AUD$.

Contact us

Hanley Designs
PO Box 132, Blyth, SA 5462
Phone: 0428 198 563

enquiries@hanleydesigns.com

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