Terms and Conditions
Terms and Conditions of Pumpkin Graphics
With the commencement of your association with Pumpkin Graphics as your web designer and/or web developer, it is deemed that you abide by all the terms and conditions mentioned on https://pumpkingraphics.com.au/
The following are the standard terms and conditions that are put forward by Pumpkin Graphics and are applicable on all work and contracts that the company undertakes for it’s clients. The employees of Pumpkin Graphics adhere to these terms and conditions and so do the clients of Pumpkin Graphics.
1. Payments & Deposits
The clients are entitled to pay 50% deposit of the total quotation payable as per the proposal laid by Pumpkin Graphics, immediately upon the client instructing us to initiate our work. The remaining 50% of the fee is paid when the work is completed as per your satisfaction but is subject to the terms and conditions mentioned under the clauses “acceptance of work” and “rejection of work”.
Pumpkin Graphics holds all rights to stop the work before it’s delivery until the fee is settled and has been paid in full.
Pumpkin Graphics offers a money back guarantee to its clients, if they are not happy with the first draft of their website or they change their mind within 14 days. However, no refund can be issued after this stage.
Pumpkin Graphics may have different offers on different services. Please be advised that most offers will only be valid for services costing $1000 or more, unless specified. We hold the right to conclude the offer and/or change the offer duration at any time. If a customer is availing an offer, he/she must pay 100% of the total cost upfront and the policy of paying 50% deposit at the first instance would not be deemed as valid, unless specified by a representative of Pumpkin Graphics.
3. Sharing Information
As a client, it is necessary for you to share and supply all the vital information that is deemed as important to initiate, resume, or finalise the website design and development work by Pumpkin Graphics. The kind of information that you must supply to us may include but is certainly not limited to photographs, logo(s), content written copy, logos and other printed material as mutually consented to, in the beginning of the project. If there is any delay from your side in sharing this information with us as a result of which, there are any further delays in finalising and completing your web design and development work, we reserve all rights to extend the deadlines in the actual agreement by a certainly reasonable amount.
If at any instance you do not share the necessary information with us that leads to major delays and put a stop to any further progress that we would initially have, we have the authority to invoice you for the parts of work that has already been performed by us.
4. Turnaround Times & Revisions
We are glad to give you the opportunity to share your inputs on the work supplied by us. In addition to this, we are pleased to make changes as per your request subject to our mutual agreement on the proposal at first place. However, this also gives us the right to limit the round of changes that you can have for a website designing work. If you may have to make changes that do not adhere to the original proposal, we can rightfully charge you a reasonably extra fee.
Nevertheless, our services are flexible and the protocol we follow allows a specific round of changes for you to make revisions to the supplied work after your perusal.
5. Project Delays & Client Accountability
The completion times we specify at the start of the proposal are only estimates and are subject to our coordination and cooperation with the client. Following an agile methodology, we would need feedback at various stages of the project to ensure that what we provide in the end is a finished product. Pumpkin Graphics is entitled to have a delegated point of contact from the client to understand your expectations and enhance the feedback process. The client is accountable for ensuring regular feedback as per the mutually agreed proposal from the commencement to completion of the website design and/or development project. From your side and be made available on a daily basis in order to fasten the feedback process.
6. Acceptance Of Work
Upon sharing the first draft of the website, you will have the opportunity to scrutinise the work. It is deemed as necessary for you to notify us in writing; of any changes or unsatisfactory remarks that you may have on the work within 7 days of sharing the first draft with you.
Any work that has not been reported to us in writing as unsatisfactory within 7 days will be considered as your acceptance of the work supplied by Pumpkin Graphics.
Once the work is accepted or is considered as acceptance, it cannot be subject to rejection of work and 50% of the balance fee will be deemed as outstanding and payable from your end.
7. Rejection Of Work
If you, the client, reject any of the web design and/or development work within the specified time frame of 7 days, or do not approve of the ensuing work after your disapproval at first place, we, acting reasonably would reconsider and re-perform the work on certain points, and if you have been unreasonable in rejecting the work we can choose to consider it as an end of contract. This consideration makes you accountable to settle the outstanding balance amount, and gives us the right to take all possible measures to retrieve the payment as on the completion of the project.
8. Final Payments
On the conclusion of the time period allowed for review, that is, 7 days, Pumpkin Graphics will invoice you for the 50% balance of your project fee in accordance with the quotation mutually agreed by the organisation and/or its representatives/employees and the client.
9. Ownership Of Intellectual Property Rights
It is the responsibility of the client to supply us with licensed information and/or materials or obtain all the necessary authorities and rights with respect to the use of logos, images, content and any other material that is utilised in the scope of the project.
Pumpkin Graphics disclaims any accountability and you must hold us harmless from any legalities or claims related to the information and materials on the website.
10. Authority & Ownership Of The Website
Upon the completion of the project and no outstanding payments, Pumpkin Graphics will provide the clients with full ownership and authority to use the website throughout its presence on the web.
Once you agree to work with Pumpkin Graphics as your web designer and/or web developer, you are entitled to have our logo on your website. If you wish to disagree to this condition, you are liable to inform us before the commencement of this project and would be required to bear additional royalty costs.
12. Search Engine Optimisation
We disclaim and disagree with any guarantee to position your website specifically on the search engines as per you availing our website design and development service. If you choose to avail our online marketing services that include search engine optimisation, we work in accordance with the terms mutually agreed by Pumpkin Graphics and the client. We perform basic search engine optimisation under the website design service as per the current best practice.
13. Subsequent Loss
Pumpkin Graphics is not answerable to any loss or damage that may be incurred due to the delay in the completion of the work, be it because of any reason or situation.
To the full extent as permitted by the law, all the terms & conditions, warranties, undertakings or representations whether express, stated, implied or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Pumpkin Graphics under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We hold the right to subcontract or outsource any services if need be, to perform for you as Pumpkin Graphics that are deemed as fit by the organisation or its employees.
16. Non-Disclosure Agreement
Pumpkin Graphics and/or its subcontractors solely agree that your personal information will not be disclosed at any given time to any third party organisations.
17. Additional Expenses
When in contract with Pumpkin Graphics, it is a default agreement that you agree to bear any additional costs for services that are not mutually agreed upon in the initial proposal. This may include but is not limited to third party software, web hosting, domain name registrations and templates.
18. Website Backups
If your website is not managed by us, you will solely be responsible for managing your website or maintaining the backup of the website.
We disclaim any liability for restoring the data of your website subject to your disagreement with us for managing your website for a monthly cost. This condition holds true with an exception of a situation where the data loss arises out of negligence by Pumpkin Graphics or its employees.
19. Domain Names & Web Hosting
You may be provided with the login credentials of domain and web hosting logins as per the mutual agreement in the beginning of the project.
20. Governing Law
The agreement constituted by these terms and conditions and any contract that we commence, is sure to be interpreted as per the Victorian laws and is certainly governed by the same.
The client and Pumpkin Graphics together submit to the non-exclusive jurisdiction of the courts in and of Victoria for any dispute that arises in unprecedented circumstances under these terms and conditions or in relation to any of the services that we deliver to you.
It is your sole responsibility to work and associate in compliance with all the relevant laws related to e-commerce and you must indemnify, protect, hold Pumpkin Graphics and/or its subcontractors harmless from any claim, penalty, tariff loss or damage arising from your or your customers’ use of your e-commerce website.
Drop us a line, coffee’s on us
0421 44 91 37
CBD, Melbourne VIC 3000, Australia