Terms & Conditions

Read Yarra Monkey Terms and Conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”)
carefully before using the https://yarramonkey.com.au website (the “Service”)
operated by YarraMonkey (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and
compliance with these Terms. These Terms apply to all visitors, users and
others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you
disagree with any part of the terms then you may not access the Service. The
Terms and Conditions agreement for yarramonkey has been created with the help of
[TermsFeed](https://www.termsfeed.com/).

Accounts
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When you create an account with us, you must provide us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of your account
on our Service.

You are responsible for safeguarding the password that you use to access the
Service and for any activities or actions under your password, whether your
password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use
of your account.

Commencement of work
Before commencement of work, the client reviews statement of work(sow) which outline details such as deliverables and delivery times for the project. The client agrees conditions outlined in sow by accepting the quote/proposal before any work is commence.

Payment & Fees for service
The client agrees to pay the invoiced amount within 14 days of receipt of an invoice. It is agreed that the fee for service shall be the cost estimates provided. A deposit of 50% of the total project cost will be invoiced at the commencement of the project, a further 20% will be invoiced upon presentation of creative work and the final 30% upon completion of all work. If the work time exceeds 4 calendar weeks in duration, Yarra Monkey may elect to invoice, and the client agrees to make payments by, monthly invoices based on the work done to date.

Alterations
Unless otherwise stated, creative and design works include one set of major changes and a second set of minor alterations. Yarra Monkey will always give the client prior notice should work exceed that which is outlined in an agreement. If work undertaken exceeds the work outlined or any addition is made the items listed after initial agreement, the client agrees to pay appropriate fees for ‘Excess Work’.

Author’s Alterations (AA) & Excess Work
AAs are defined as changes to any piece of finished artwork after sign off by an authorised representative of the client. Excess work and AAs will be charged in 15-minute increments at the current agreed rate. Excess work is defined as any work involving additions to the list of items and/ or any work undertaken that exceeds the work outlined in the quote/proposal.

Liability
It is agreed that all work and materials provided for the client by Yarra Monkey will be free and clear of all liens and encumbrances and may be lawfully used by the client without infringing upon the rights of others. Yarra Monkey will not be liable for any losses or damages that may be caused by or related to work outlined in this proposal.

Project cancellation
It is agreed that the project may be cancelled by the client by written notification. Should the client breach this agreement or our standard 14-day payment terms, Yarra Monkey also reserves the right to cancel the agreement by written notification. Yarra Monkey retains the right to invoice the client for all work completed up to the date of receipt of the written cancellation. The client must then follow payment procedures as indicated above.

Confidentiality
The quote/proposal is strictly confidential and must not be copied, forwarded or shown to anyone; in part or in whole; that is deemed by Yarra Monkey to be a competitor of Yarra Monkey. This generally includes other graphic design studios, advertising agencies, creative firms, freelance designers, web developers and printing companies that offer design services.

Copyright
Unless otherwise stated in the quote/proposal, it is agreed that Yarra Monkey will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in the quote/proposal. If Yarra Monkey offers to release intellectual property and the client agrees to pay the proposed Copyright fee, Yarra Monkey will then assign full copyright ownership of the work to the client upon payment of all monies owed in full. This does not include preliminary designs that are not approved by the client.
Yarra Monkey always retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and marketing materials.

Amendments to terms and conditions
Amendments to these terms and conditions must be made and mutually agreed to, prior to the signed approval of the quote/proposal by the client. Agreed amendments will be rewritten into a new quote/proposal by Yarra Monkey, and the document re-submitted to the client for signed approval.

Links To Other Web Sites
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Our Service may contain links to third-party web sites or services that are
not owned or controlled by yarramonkey.

yarramonkey has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party web sites or services. You
further acknowledge and agree that yarramonkey shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content, goods
or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies
of any third-party web sites or services that you visit.

Privacy Policy

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To read yarramonkey Privacy Policy visit the page to learn more.

Termination
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We may terminate or suspend access to our Service immediately, without prior
notice or liability, for any reason whatsoever, including without limitation
if you breach the Terms.

All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if you
breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you
wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law
————-

These Terms shall be governed and construed in accordance with the laws of
Victoria, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior
agreements we might have between us regarding the Service.

Changes
——-

We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will try to provide at least 30 days
notice prior to any new terms taking effect. What constitutes a material
change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, please stop using the Service.

Contact Us
———-

If you have any questions about this, please contact us:

* By visiting this page on our website: https://yarramonkey.com.au/#contact

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