1.1 – “Savant Digital, LLC” or “Savant Digital” shall mean Savant Digital, it’s successors and assigns, or any person acting on behalf of and with the authority of Savant Digital.
1.2 – “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorization, or other form as provided by Savant Digital to the Client.
1.3 – “Guarantor” means that person (or persons) or entity who agrees to be liable for the debts of the Client on a principal debtor basis.
1.4 – “Goods” shall mean Goods supplied b Savant Digital to the Client (and where the context so permits, shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorization, or any other forms provided by Savant Digital to the Client.
1.5 – “Services” shall mean all Services supplied by Savant Digital to the Client and includes any advice or recommendations (and where the context so permits, shall include any supply of Goods as defined above).
1.6 – “Price” shall mean the price payable for the Goods as agreed between Savant Digital and the Client in accordance with clause 3 of this contract.
2.1- Any instructions received by Savant Digital from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by Savant Digital shall constitute acceptance of the terms and conditions contained herein.
2.2 – Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
2.3 – Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of Savant Digital.
2.4 – The Client shall give Savant Digital not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by Savant Digital as a result of the Client’s failure to comply with this clause.
3.1 – At Savant Digital sole discretion the Price shall be either:
(a) as indicated on invoices provided by Savant Digital to the Client in respect of Goods supplied; or
(b) Savant Digital’s quoted Price (subject to clause 3.2) which shall be binding for thirty (30) days.
3.2 – Savant Digital reserves the right to change the Price in the event of a variation to Savant’s quotation.
3.3 – At Savant Digital’s sole discretion, a 50% non-refundable deposit or full payment may be required at onset of Services.
3.4 – At Savant Digital’s sole discretion:
(a) payment shall be due upon watermarked delivery of the Goods; or
(b) payment for approved Clients shall be made by installments in accordance with Savant Digital’s payment schedule.
3.5 – Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
3.6 – Payment will be made by cash, credit card, paypal, by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Client and Savant Digital.
3.7- GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4.1 – At Savant Digital’s sole discretion delivery of the Goods shall take place when:
(a) the Client takes possession of the Goods at Savant Digital’s address; or
(b) the Client takes possession of the Goods at the Client’s nominated address (in the event that the Goods are delivered by Savant Digital’s nominated carrier).
4.2- At Savant Digital’s sole discretion the costs of delivery are:
(a) in addition to the Price; or
(b) for the Client’s account.
4.3 – The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged, then Savant Digital’s shall be entitled to charge a reasonable fee for redelivery.
4.4 – Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
4.5 – The failure of Savant Digital to deliver shall not entitle either party to treat this contract as repudiated.
4.6 – Savant Digital shall not be liable for any loss or damage whatsoever due to failure by Savant to deliver the Goods (or any of them) promptly or at all.
5.1 – The Client is solely responsible for the content of the web page. Savant Digital is not responsible for proofreading any content unless specifically agreed in writing. Any spelling errors will be the sole responsibility of the client.
5.2 – Savant Digital makes no representations to the Client on the functionality or content of the Web site.
5.3 – The Client is solely responsible for dealings with persons accessing the data or webpage and the Client warrants that they will not refer complaints or inquiries to such data to Savant Digital.
6.1- If the Client selects to organize their own web hosting arrangements, final exported sites will be uploaded to your preferred host company or supplied on disc as per the quoted price. Construction files of the site can be supplied on request and at Savant Digital’s sole discretion may incur a fee.
6.2- Savant Digital accepts no responsibility for down times, delays, breakdowns or data loss caused by Internet Service Providers.
7.1- If Savant Digital retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.
8.1 – Savant Digital and Client agree that ownership of the Goods shall not pass until:
(a) the Client has paid Savant Digital all amounts owing for the particular Goods; and
(b) the Client has met all other obligations due by the Client to Savant Digital in respect of all contracts between Savant Digital and the Client.
8.2 – Receipt by Savant Digital of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honored, cleared or recognized and until then Savant Digital’s ownership or rights in respect of the Goods shall continue.
8.3 – It is further agreed that:
(a) where practicable, the Goods shall be kept separate and identifiable until Savant Digital shall have received payment and all other obligations of the Client are met; and
(b) until such time as ownership of the Goods shall pass from Savant Digital to the Client Savant Digital may give notice in writing to the Client to return the Goods or any of them to Savant Digital. Upon such notice the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and
(c) Savant Digital shall have the right of stopping the Goods in transit whether or not delivery has been made; and
(d) if the Client fails to return the Goods to Savant Digital then Savant Digital or Savant Digital’s agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods are situated and take possession of the Goods; and
(e) the Client is only a bailee of the Goods and until such time as Savant Digital has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the Goods on trust for Savant Digital; and
(f) the Client shall not deal with the money of Savant Digital in any way which may be adverse to Savant Digital; and
(g) the Client shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of Savant Digital; and
(h) Savant Digital can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and
(i) until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that Savant Digital will be the owner of the end products.
9.1- The Client hereby disclaims any right to rescind, or cancel any contract with Savant Digital or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by Savant Digital and the Client acknowledges that the Goods are bought relying solely upon the Client’s skill and judgement.
10.1- The Client shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify Savant Digital of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford Savant Digital an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Savant Digital has agreed in writing that the Client is entitled to reject, Savant Digital’s liability is limited to either (at Savant Digital’s discretion) replacing the Goods or repairing the Goods.
10.2- Goods will not be accepted for return other than in accordance with 10.1 above.
11.1- Subject to the conditions of warranty set out in clause
11.2 Savant Digital warrants that if any defect in any workmanship of the web site provided by Savant Digital becomes apparent and is reported to Savant Digital within one (1) months of the date of delivery (time being of the essence) then Savant Digital will either (at Savant Digital’s sole discretion) replace or remedy the workmanship.
11.3- The conditions applicable to the warranty given by clause are:
(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of the Client to properly maintain any Goods; or
(i) failure on the part of the Client to properly maintain (ii) failure on the part of the Client to follow any instructions or guidelines provided by Savant Digital; or
(iii) any use of any Goods otherwise than for any application specified on a quote or order form; or
(iv) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) fair wear and tear, any accident or act of God.
(b) the warranty shall cease and Savant Digital shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Savant Digital’s consent.
(c) in respect of all claims Savant Digital shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim.
12.1 – Where photos are purchased by Savant Digital from a third party for the use for either print or web it is the responsibility of the client to alert Savant Digital when the license falls due/expires and they are responsible for renewing this license and all fees associated with this renewal whether past or future. Savant Digital takes no responsibility for renewal of these images once they have expired.
12.2 – The Client warrants that all designs or instructions to Savant Digital will not cause Savant Digital to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Savant Digital against any action taken by a third party against Savant Digital in respect of any such infringement.
12.3 – The Client warrants that all designs or instructions to Savant Digital will not cause Savant Digital to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Savant Digital against any action taken by a third party against Savant Digital in respect of any such infringement.
13.1 – Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgement.
13.2- If the Client defaults in payment of any invoice when due, the Client shall indemnify Savant Digital from and against all costs and disbursements incurred by Savant Digital in pursuing the debt including legal costs on a solicitor and own client basis and Savant Digital’s collection agency costs.
13.3 – Without prejudice to any other remedies Savant Digital may have, if at any time the Client is in breach of any obligation (including those relating to payment), Savant Digital may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. Savant Digital will not be liable to the Client for any loss or damage the Client suffers because Savant Digital has exercised its rights under this clause.
13.4 – If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
13.5 – Without prejudice to Savant Digital’s other remedies at law Savant Digital shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Savant Digital shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to Savant Digital becomes overdue, or in Savant Digital’s opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
13.6 – Savant Digital Designs retains the right to add a link on any website it designs and builds with its wording at Savant Digital’s discretion with the link back to the Savant Digital home page.
14.1 – Despite anything to the contrary contained herein or any other rights which Savant Digital may have howsoever:
(a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to Savant Digital or Savant Digital’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that Savant Digital (or Savant Digital’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) should Savant Digital elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify Savant Digital from and against all Savant Digital’s costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint Savant Digital or Savant Digital’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.
15.1 – Savant Digital reserves the right to suspend services in any case where the Client fails to perform their obligations under this and any associated agreements, including but not limited to the suspension of the Client’s websites.
16.1 – Savant Digital may discontinue services if an amount payable to Savant Digital is overdue or take down a website permanently in any case where an amount payable is overdue by more than 7 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties. Furthermore, Savant Digital will not refund ( in part or in whole) any deposits received for the commencement of work, under any circumstances unless agreed firstly in writing by Savant Digital. Savant Digital reserves the right to keep all funds from the deposit if work on a job has commenced and is terminated by either party. Savant Digital shall not be liable for any loss or damage whatever arising from such cancellation.
16.2 – In the event that the Client cancels delivery of Goods the Client shall be liable for any loss incurred by Savant Digital (including, but not limited to, any loss of profits) up to the time of cancellation.
17.1 – If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
17.2 – These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.
17.3 – Savant Digital shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Savant Digital of these terms and conditions.
17.4 – In the event of any breach of this contract by Savant Digital the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
17.5 – The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by Savant Digital.
17.6 – Savant Digital may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
17.7 – Savant Digital reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Savant Digital notifies the Client of such change.
17.8 – Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
17.9 – The failure by Savant Digital to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Savant Digital’s right to subsequently enforce that provision.
17.10 – All prices quoted are valid for 30 days only from the date of written quotation.
17.11 – If Savant Digital does not receive your design brief within a 1 month period from the date of your order and deposit, your account will be suspended. Reopening your account will incur a $500 + GST administration fee. If your account remains suspended for 3 months, your account will be closed completely and all money paid and work ordered will be forfeited.
17.12 – During the design + development phase of your project, if you do not sign off your design within a 1 month period, Savant Digital reserves the right to suspend your account. Reopening your account will incur a $500 + GST administration fee.
17.13 – If the client has made no contact with Savant Digital office for a period of more than 1 month after the project and or any design work has commenced, Savant Digital reserves the right to re-quote the entire project.
17.14 – If any project exceeds a period of more than 6 months, Savant Digital reserves the right to terminate the project at its own discretion, without any refunds being paid to the client.
The Customer acknowledges that Savant Digital makes no warranty that a search engine optimization will lead to or improve any increase in sales, profits or any other form of improvement for the Customer’s business or any other purpose
To the fullest extent permissible by law, Savant Digital shall not be liable to the Customer for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including but not limited to damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising whether arising from the negligence of Savant Digital or otherwise
Where liability cannot be legally excluded, the liability of Savant Digital shall be limited to the cost of supplying the service again.
The Customer agrees to indemnify Savant Digital for any third party claim for damages arising out of or in any way connected with the supply of services to the Customer, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including but not limited to damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising whether arising from the negligence of Savant Digital or otherwise.
The Customer expressly agrees to indemnify and hold harmless Savant Digital, its subsidiaries, affiliates, officers, agents and other partners and its and their respective employees from and against all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys fees and disbursements and court costs) arising from or in connection with the Customer’s information, the Customer’s use of Savant Digital search engine optimization services.
Savant Digital does not refund any money received from clients for any past SEO work that they have been asked to carry out. All monies received by Savant Digital for any SEO work will not be refunded at any stage even if the client cancels the SEO service.
You must follow all instructions provided by Savant Digital and provide to Savant Digital, in a timely manner, all information and materials requested by Savant Digital.
All content must be provided in the format specified by Savant Digital. Please note that excessive instructions, or links to content on other third party sites for retrieval will not be accepted.
Savant Digital will request feedback and changes at certain stages of undertaking the process of designing and developing your website. These changes and amends must be sent to Savant Digital in only one email. Sending excessive or multiple emails may cause important details to be missed and may result in you incurring additional charges.
As soon as your website is uploaded and made live online or handed over to you, any further work or changes will result in you incurring additional costs.
Savant Digital will provide you with an estimate that your site can be designed and built.
This time frame is an estimation only.
You must make every effort to follow the instructions provided by Savant Digital and provide the required information to Savant Digital in order to facilitate delivery times and correct specifications.
Delays in providing the required information to Savant Digital may result in delays in product delivery and also may result in you incurring additional charges for administration time.
Savant Digital will make all reasonable efforts to provide the product by the estimated date but do not accept liability for any costs incurred, loss or damage (including consequential loss or damage) compensation or loss of earnings due to any failure to meet agreed deadlines.
If you require Savant Digital to make changes to your web site after your site is handed over to you, you will be required to pay for this work at the hourly rate. All work must be paid for upfront and will be quoted for on request.
Savant Digital include a “fair” and “reasonable” set number of rounds of changes (3 rounds) during its website design + development phase. Any extra changes required by you may incur additional costs and such extra changes can be purchased during the sales process.
Changes must be submitted in one email and one email of changes (within the scope of the project) is considered one round of changes. Unless agreed to at the beginning of the project
Please ensure that you limit your changes to comply with the agreed specifications. Failure to do this may result in you incurring additional costs.
Savant Digital may include a link to its own website at the footer of your website and, where such link is so included, you must not take any steps to remove this link. Savant Digital reserves the right to change any such links from time to time. If you do not want the back-link on your website we will negotiate a fee for the removal of the links.
All prices quoted are valid for 30 days only from the date of written quotation.
Savant Digital reserves the right to suspend/cancel any or all services provided to you, if:–
You have any outstanding invoices or accounts;
Your account is in dispute or the subject of a dispute resolution procedure, court order, judgment, finding or determination;
You fail to comply with any provision of these terms and conditions or any other policy, directive or requirement notified to you by Savant Digital.
If you have not paid for the hosting of your website( which Savant Digital has paid for on your behalf) Savant Digital reserves the right to terminate your hosting. Hosting will only resume once invoices have been paid. If the customer’s website has been terminated due to cancellation of hosting, Savant Digital can reinstall the website at a cost of $195 + GST providing the client has a backup of the website.
Once we have commenced work on your project no refund is available on the 50% deposit and once we have delivered any comps, no refund is available for full payments. Work may include, but is not limited to; contact between yourself and an Account Manager and/or website designer from Savant Digital, the commencement of wireframes/prototypes by Savant Digital for your project, the commencement of design concepts by Savant Digital for your project and other work undertaken by Savant Digital in relation to your project.
Savant Digital will make every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the main browsers Google Chrome, Safari, Internet Explorer and Mozilla Firefox latest releases. You understand that we cannot guarantee correct functionality with all browser software across different operating systems. If you require the website to comply with other browsers this may not be possible.