Terms & Conditions

IMPORTANT: These terms and disclaimer are subject to change without notice.

Definitions

We, us, our, staff, team, employees, crew ODLWEB, ODLVIDEO, ODLBOOKKEEPING, ODLPHOTO, ODLPCFIX, O.D.L., ODL, ODLEVENTS, VIDEO MAGIC, BIZ ADELAIDE all refer to Optical Design ABN 16 523 102 136 for the purposes of this document.

Business Enhancement Services means any of the services and products we offer.

You, your, yours, customer, client refer to you and /or the business using Optical Design’s products or services.

Law, laws, legislation, regulations refer to laws of South Australia.

Site Use

Disclaimer

Whilst every care has been taken in compiling and checking, there will be some errors and circumstances that will change over time. We accept no responsibility financially, legally or otherwise for actions taken or the consequences thereof based on the use of the contents on this site. We do not accept any responsibility for content of third party sites. Links are provided to outside sites for convenience only. Third party sites and their content do not necessarily reflect the views of Optical Design or the site owners.

Copyright

Copyright exists on all materials and content on this site. No part shall be copied, reproduced or displayed or communicated without the express permission of the respective copyright owners. That permission, if given, will be subject to conditions that will include a requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, either in whole or in part. Apart from any use permitted by the Copyright Act 1968, Optical Design grants visitors to the site a licence to download, display, print and reproduce this material for private use or use within your organisation, for reference purposes only. No licence to publish, communicate, modify, commercialise or alter this material is granted. No permission to reproduce or use this site’s copyright material, other than that expressly stated above, is to be implied by the availability of that material on this site.

 

General Nature of Perceived Advice

Information on this site is not to be considered advice. Readers, viewers, users, should seek independent advice before making any decisions or using information provided on this site.

We will not accept any responsibility for use of information provided on this site either legally, financially or otherwise.

 

Business Enhancement Services

We offer services to business for the purposes promoting and advertising (enhancing) your business both electronic, design, site hosting, email, video, video production, web and print based services and we provided bookkeeping and BAS Agent Services.

Web and Internet

Web design services are provided by Optical Design under the following terms and conditions. By engaging our services and paying a deposit you acknowledge you have read these terms and conditions and agree to be bound by them.

1. Upon Optical Design agreeing to create, edit or maintain a web site on behalf of the customer a deposit shall be paid as negotiated with the customer before work commences.

2. Once the deposit is paid and work has commenced, the deposit is non-refundable.

3. Optical Design may require milestone or progress payments. This will be discussed with the customer prior to commencement of the work.

4. Upon completion of the work a final payment is required before hand-over.

5. Work is performed to the time-frames discussed and agreed to between Optical Design and the customer in the original brief.

6. Optical Design will not be held responsible for delays that occur that are a result of circumstances beyond our control.

7. Customers will provide information, graphics, images and any other content requested promptly.

8. Should a site go over time, additional charges may be incurred.

9. If the job spec varies from the original agreed brief, additional charges may apply.

10. Optical Design are not business advisers. We may provide information as to web related items but it is not our duty to provide your business model. If this is required, we have a business consultant (3rd party) who may be able to assist and work in conjunction with Optical Design towards the goals of your business.

11. Optical Design will not be held responsible for errors, omissions, service disruptions and delays caused by the internet or any electronic medium used in the display of web sites, videos, social media, print, telecommunications or post which is out of our control.

12. Our liability to services under our control is limited to remedy or rectification of and services and correction of web sites that we control and maintain. The customer waives any claims against Optical Design for such occurrences. These include but are not limited to legal, financial or other rulings made against Optical Design.

13. You agree to indemnify Optical Design from and legal, financial or other awards as a result of the use of your web site. We will not be held responsible for the content you place on your site.

14. Should your site be DIY in nature this does not in any way become the responsibility of Optical Design to ensure you know what you are doing. By definition, the site is DIY and you assume all responsibility for the site and how to operate such a site. Training is available and can be factored into the quotation or made available as a separate service later at our current training rates.

15. These terms and conditions are subject to change without notice.

 

Pricing, Specials and Offers

Any special offers, competitions, gift vouchers or coupons may have specific conditions relating to the particular offer. Please check with our staff to verify any terms or conditions.

These terms may vary without notice.

Special offers may be implemented, changed or withdrawn at any time without notice.

A deposit is required before we commence work on many projects/jobs at the discretion of Optical Design. The deposit is non-refundable once work has commenced. Deposits are negotiated and depend on each particular project before the work commences.

Pricing is subject to change without notice.

 

Services

The following applies to all services:

We agree to provide services as quickly as possible and practical within reasonable time of the work requested. Time frames will be discussed and agreed to at preliminary meetings.

We will not be held responsible for delays due to work loads or errors made on the part of the customer or provision of incorrect information or files.

Terms of Payment

We provide invoices to customers as soon as practically possible after the provision of service or prior to commencement of work as determined by the Manager of Optical Design. Invoices issued prior to work commencement may include such payments as deposits.

On-going work may require milestone payments and full payment before hand-over. This may apply to web sites, videos, event management and bookkeeping services.

Our payment terms are by default 7 days unless a specific extension of our trading terms is authorised by the Manager of Optical Design. In order for us to continue to provide you with our professional services and deliver end products such as web sites and videos we require payments within the trading terms.

Failure to pay within the trading terms will result in suspension of services until the arrears is is paid in full.

Failure to pay outstanding accounts may also result in the customer and their business being subject to debt recovery by a third party company. Customers failing to pay accounts will also be listed with a credit reporting agency which may affect credit rating and ability to obtain credit.

Debt recovery agencies may also initiate court proceedings to recover monies owed to Optical Design.

 

Issues and Complaints

Should issues or complaints arise, we will endeavour to solve such issues and complaints to the satisfaction of both parties.

It is our intention to assist you to the best of our abilities in the provision of services and products to enhance your business.

Should an issue be unresolved, we and you agree to abide by the outcomes of an independent arbitrator service or courts of South Australia.

Complaints should be addressed to manager@opticaldesign.com.au or telephone 08 8325 2996.

 

Responsibility, Liability and Indemnity

We accept no responsibility legally, financially or otherwise for conclusions and use thereof based on information you have provided to us.

We will exercise a duty of care in entering information you have provided and our liability is limited to the correction of any errors inadvertently introduced by our staff.

You agree to hold us harmless against any legal actions and associated costs associated with information, text, images and files you provide to us.

You agree to indemnify us legally, financially or otherwise for any expenses incurred or legal actions taken or rulings against us in relation to you, your site and your business.

Indemnity is survived by any termination of service or contract we have with the customer or use of our services.

 

South Australian Law

If any term or condition violates South Australian law, we defer to those laws and the customer will be covered under South Australian law, the Trade Practices Act and consumer laws.

We also claim our right to the protection of the law as set in South Australia.

 

Agreement

By using our services you agree to the above Terms and Conditions..