Terms and Conditions

The following terms must be agreed to in order to use any of the services Colour Burst Studio provide. If you do not agree to any of the below, you must inform us immediately and no longer proceed with your order. If your not sure of anything listed in this page, please contact us for clarity.

When signing up to any of our services, you must agree to comply with the terms of use described on this page. By paying you are agreeing to abide by these terms of use.

Privacy Policy

We take your privacy and security seriously. We will never pass any of your details on to third parties for any purpose, except when we are required to by law enforcement agencies. On rare occasions it is necessary to send out strictly service related announcements. We may also notify you of special offers and updates to our services.

Abuse

Customers are responsible for all scripts, data and other objects on their accounts. Abusive scripts are scripts which interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity. Any account found to be the source of abusive scripts will be immediately suspended and investigated, and subject to action as detailed under Illegal Content. We will always notify you as soon as possible and fully co-operate with the authorities. We have a zero-tolerance policy against spam and the sending of bulk, unsolicited e-mail is prohibited at all times.

Adult Content

We do not permit any illegal adult material on our web hosting services. Any material that is found and considered inappropriate, we reserve the right to remove the content and inform law enforcement agencies if necessary. Any adult based content will be reviewed on a case by case basis to ensure all legalities are met.

Illegal Content

Any content deemed illegal by Australia law, or the law of your country of residence is strictly forbidden, and offending accounts will be immediately suspended or terminated at our discretion. We will fully co-operate with the authorities regarding any breach of the law. Any accounts found to be abusive, containing illegal content, or otherwise break our terms of service, will be liable for immediate termination with no refund.

Service Level Agreement

We endeavour to provide a high level of service uptime, excluding planned or emergency server maintenance or conditions beyond our reasonable control. All customers will be notified of planned maintenance as far as possible in advance through email.

Payments

All services must be paid for by the due date shown on the invoice unless a written adjustment has been agreed. Failure to complete payment after this time will result in reminders when the invoice is overdue, and account suspension should the invoice remain unpaid for more than 5 working days. Late payment fees will apply.

The Company reserves the right to request a deposit from the Client prior to starting work on their project or Artwork. If a deposit is requested by the Company, an invoice will be generated and delivered to client via email and payment is expected. By remitting deposit funds to the Company, the Client is accepting the Terms and Conditions and entering a contract with the Company.

If a deposit is not requested, the Client is considered to accept the Terms and Conditions upon request of services/work from the Company. 

The Company will invoice the Client for the remaining cost of the Artwork and associated services prior to the commencement of web site construction or printing. The Company reserves the right to not proceed with these services until payment has been received in full from the Client.

The Company reserves the right to invoice for work completed if the project exceeds 60 days.

All payments are to be made within 30 days of invoicing.

The Company is entitled to charge the Client for any fees incurred relating to commencement of collection and recovery processes for accounts that remain unpaid in excess of 30 days.

The Company reserves the right to delete web sites with accounts more than 90 days outstanding payment.

Approving Proofs/ Designs/Printing

The Client is held responsible for approving all Artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to; design, spelling, grammar, illustrations, images and quantity. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required.

The Client’s final accepted proof is the Artwork that will be submitted for prints and/or website construction. There will be no reprints or web development at our expense. Printout of Client proof is supplied at intended final print size (100%) to assist in confirming colours, design, bleed, size and type.

Submission of Client Artwork (Printing)

Clients who choose to submit their own Artwork, files and/or images are solely responsible for the end result of printing. Customers are reminded to submit print-ready Artwork with the correct specifications. We will print the Client’s submission as requested however the Company is not responsible for Artwork mistakes. The Company is also not liable for supplied file errors. There will be no reprints at our expense.

Clients are reminded that when Artwork is trimmed, the bleed cut can vary in position up to 2-3mm, hence a 7mm internal margin from the bleed line is required if the Client is supplying Artwork.

It is the Client’s responsibility to ensure that any Artwork, images, files and text submitted does not violate Australian copyright laws. The Company and its contractors assumes all written and visual content adheres to copyright laws and all correct permissions have been sought and/or royalties paid for use.

Copyright of Artwork

Ownership of copyright over all concepts, working files and draft Artwork remains with the Company. This includes, but is not limited to; logos, symbols, compositions and copy. Unlawful use of these Artworks by the Client is strictly prohibited. The use of Artwork prior to payment is illegal.

Artwork designed will remain the property of the Company until account is paid in full. Upon final payment the release of all finished artwork files will be sent or used for the company. Future re-print requests of the same Artwork will only incur a print management fee.

Upon full payment of account, copyright ownership will be transferred to the Client for all final Artwork files. The Company and their designers retain rights to utilise Artwork and all design elements for portfolio/self-promotion, working files and any draft versions of designs for future use.

Printing

Printing will not commence until full payment for Artwork and print services is received. The current turnaround time for printing is 5-10 working days dependant on the product type, you will be advised of this time scale during the booking process. This period commences at date of Client approval of Artwork proof and payment.

All turnaround time quotations are estimates and are based on calendar working (business) days. No quoted printing, artwork or delivery dates are guaranteed and may vary.

With all printing there may be some colour variations from electronic visual representations of Artwork and previous orders to the final printed Artworks. This is due to the nature of CMYK printing and bulk-run printing system. There will be no reprints at our expense.

Delivery

The Company cannot be held liable for printing products that are damaged, lost or delayed when delivered by post or courier although the utmost care will be taken to ensure the products arrive on time and undamaged.

Website Design

The Client agrees to allow the Company to add a small credit on the customer’s website. This will be in the form of a small line of text placed towards the bottom of the page.

The Client also agrees to allow the Company to place websites and other designs, along with a link to the Client’s site on the Company’s own website for self-promotional purposes., unless agreed to by both parties in writing beforehand.

Website Design Post-Completion Alterations

Upon completion of website build, the Company will provide the Client with opportunity to review the resulting work. The Company will make one set of minor changes at no extra cost within 14 days of submission to Client for review (‘review period’).

Minor changes include small textual changes and small adjustments to placement of items on the page. Minor changes do not include alteration or replacement of images, colour schemes or any navigation features.

The Company can be notified of any minor requested changes by e-mail. The Company will consider that the Client has accepted the original draft if no notification of changes is received in writing from the Client within 14 days of the start of the review period.

SEO Search Engine Optimisation & Search Engine Listings

The Company builds web sites according to the trends of SEO at the time of building. We will help you to explore your key words/key phrases; however final key phrase choice is the responsibility of the Client.

The Company cannot guarantee, and is indemnified by the Client against any claims regarding the following: presence of Google or search engine listing, the position of web site in any search engines, which or if any of the web pages will be listed in any search engines, the time it will take for any search engines to list the web site and effectiveness of key words/key phrases.

Website Fair-usage Policy

Our website plans offer unlimited bandwidth and storage. However, account usage is also monitored. No bulk processing or bulk mailing or other resource-intensive activity is permitted. If you believe your website may be susceptible to high or otherwise abnormal usage you must contact us to discuss the suitability of our hosting environment.

Social Media Management

All wording and final images created for the purpose of social media management belong to the Client upon full payment of the monthly management fee. Ownership of copyright over all concepts, working files and draft Artwork remains with the Company. This includes, but is not limited to; social profile images, social media covers, social media post images and advertisement designs.

Social Media Advertising & Credit

All advertising provided through social media channels will be collected and is to be paid in full by the Client, prior to advertising. All budgets will be managed by the Company and used by the Company on appropriate boost-able images, and/or advertisements on behalf of the Client. Any credit unused over $10 will be credited back to the Client upon cancellation of contract, within 30 days. For full details of budget usage, the client can track this via their own Page Analytics or Advertising Account.

Cancellation, refunds, termination and disputes

Any disputes can be logged by emailing design@colourburststudio.com.au.

Should you wish to cancel any contract, you will not receive a refund for the payments you have already made, as the time put into each project is billed for in set payments to ensure time has been paid for. If you cancel before work has started, you may be entitled to a full refund.

Termination of Social Media Management or Web Management: You must inform Colour Burst Studio 30 days prior to cancellation. If you pay monthly, please note that the 30 day cancellation notice must still be adhered to.

Domain registration, renewal, transfer and restoration

If Colour Burst Studio provides website hosting and domain registration for you, the registration period is 24months for all domain extensions. If a domain is not renewed, then additional charges will be incurred to re-instate the domain name. Not all domain names are eligible for restoration. Hosting package fees do not include domain renewal, transfer or registration.

Unless otherwise requested, Colour Burst Studio will always register and renew domain names in the clients name. At any point you are able to transfer the domain name to another provider, but you must be aware that this could effect the functionality of your website. A $50 administration fee will be charge to cover this process.

Account Support / Emergency Contact

We provide support via e-mail and phone. We recommend you send you requests via email to design@colourburststudio.com.au We aim to reply to all support requests within 48 hours. For urgent support please phone us on the number provided between 9am and 8pm Monday to Friday.

Disclaimer, Limitation of Liability and Copyright

If you have sensitive or mission-critical data to host, you must seek your own insurance and independent legal advice. We are unable to assert fitness for any specific purpose and as such, Colour Burst Studio cannot be held liable for any form of consequential loss or damage caused directly or indirectly by use of our service, misuse of our service, downtime, service issues, data loss or any other event.

Our backups are intended as a convenience service and are not guaranteed or intended to replace your own backup procedures. It is your sole responsibility to ensure that you have a backup of all your important data.

A breach of any of the terms and conditions as described on this page will result in immediate termination with no refund.