Terms & Conditions
1. ‘Bianca McKenzie’ is Bianca van Meeuwen trading as Bianca Mckenzie.
2. ‘The Client’ is the party making a booking for services from Bianca McKenzie.
3. ‘An Order’ is the request for services from Bianca McKenzie.
4. ‘The project’ is a term used to describe service from Bianca McKenzie.
5. ‘Services’ means the services described in the welcome package provided to the Client by Bianca McKenzie
The terms and conditions apply to all dealings between The Client and Bianca McKenzie. By placing an order with Bianca McKenzie, you as a Client are forming a legally binding contract for services and you agree to the following terms & conditions.
INFORMATION PROVIDED
• The Client will be providing Confidential Information which is proprietary to enable the Services to be provided which Bianca McKenzie agrees to keep confidential to the best of her ability.
• Bianca McKenzie agrees that she will keep confidential, not use directly or indirectly, and not disclose directly or indirectly, this agreement and all information relating to, arising under or acquired under or as a consequence of this agreement except: As required by law or any regulatory authority or stock exchange; and with express written consent.
• Bianca McKenzie will not at any time disclose or allow access by any person or third party to any of the confidential information unless required to perform the services in which case, she will ensure they are under the same duty of confidentiality as Bianca McKenzie is under this agreement.
• Bianca McKenzie acknowledges that any information which is passed on to her by you to enable her to provide the services that you confirm to her is to be considered Confidential Information will be kept as Confidential Information unless otherwise agreed.
• Bianca McKenzie shall notify you immediately upon becoming aware of any unauthorized disclosure, copying, use or loss of all or any part of the Confidential Information.
• Bianca McKenzie will not be held responsible for security of any third-party platforms, nor guarantee confidentiality of your personal information through such platforms.
QUOTATIONS
• All quotes are valid for 14 days only.
• All prices are excluding GST unless otherwise stated.
• All prices are in Australian Dollars.
• Any additional work outside the terms of the quote will be charged at an hourly rate of $150 per/hour.
• Bianca McKenzie is not responsible for increases in materials by third party services (e.g. designers, copywriters, web developers) where the increases are beyond our control.
PAYMENTS
• A $500 non-refundable payment is required before starting any project.
• Payments are to be made either by bank deposit transfer, Stripe or PayPal.
• Some payment options may incur a fee.
• All invoice terms are 10 business days from the date of the invoice.
• Accounts which are not paid on time will incur a late administration fee of $50.
• Accounts which remain outstanding for 14 days after the date of invoice will incur an additional payment fee equivalent to 5% of the projects costs for each week payment is outstanding.
• Final files will not be handed over until the invoice has been paid in full.
• All work not completed within a 2 month period will be invoiced regardless.
• Payment is required for any work, that has been terminated on your request at any stage of development, prior to completion. Invoice will be issued as ‘work to date’.
• If debt collection is required for unpaid invoices, The Client is responsible for any costs incurred (fees/commissions payable to the debt collectors)
SERVICES
• Bianca McKenzie agrees to provide the Services described in the Welcome Package in accordance with the terms of this agreement. Bianca McKenzie agrees to provide these services in a professional manner and in accordance with generally accepted industry practice and standards. Further, she represents and warrants to have the professional skills, expertise and tools to be able to perform the services to a professional industry standard. The services must be performed personally or through representatives which Bianca McKenzie warrants have the appropriate qualifications and skills to perform the services.
RELATIONSHIP
• The relationship under this agreement is that of a principal and independent contractor. This agreement does not make either party a join venture, partner, employee, or agent of the other. No act or omission of either party is to bind the other party except as expressly set out in this agreement. .
• The Client is not responsible for withholding or remitting any payment for an impost such as tax or superannuation in respect of Bianca McKenzie or any of her representatives.
CANCELLATION
• The Client may cancel this Agreement for any reason by providing a minimum of 7 days written notice to Bianca McKenzie, any deposit paid prior to cancellation will be non-refundable.
• Bianca McKenzie may cancel this Agreement at any time for any reason by providing written notice to The Client. In the event that Bianca McKenzie cancels this Agreement, Bianca McKenzie will provide any work completed and paid for to date.
• Confidentiality survives and continues in the event of any dispute or termination and, in any event, after the delivery of the services.
NO GUARANTEES
• Bianca McKenzie cannot guarantee the outcome of services and the client’s comments about the outcome are expressions of opinion only.
• The Client acknowledges that Bianca McKenzie cannot guarantee any results for sales growth as outcomes are based on multiple factors that cannot be controlled by Bianca McKenzie, including but not limited to sales page design, sales copy, the Client’s offer, sales funnel etc.
• The Client acknowledges that they have tested their sales funnel, including emails, sales page and other components and confirm that their offer converts, or if not, they accept the risk associated with testing the funnel.
• Bianca McKenzie will communicate data provided by Facebook ads manager and will make recommendations to improve the funnel, however Bianca McKenzie will take no responsibility for such changes, nor will she guarantee that changes offer results.
• The Client acknowledges that conversions to sales are the responsibility of their funnel and/or product sales page.
COMMUNICATION
• Bianca McKenzie is an online business therefore the majority of our communication is made via email, this helps us keep track of specific design requirements & any changes required.
• If you would like to chat with us on the phone or via zoom we are happy to do so, however we ask that you please email us and make an appointment for a time to chat.
COPYRIGHT
• The Client assumes full copyright and reproduction rights upon full payment of a completed project.
• Bianca McKenzie retains personal rights to use completed projects and concepts for the purpose of marketing Bianca McKenzie.
• All images displayed on the Bianca McKenzie website or Facebook page are subject to copyright, and must not be copied or used without full permission from Bianca McKenzie and the Client. Any breach of copyright will result in legal action being taken as necessary.
TURNAROUND TIMES
• Bianca McKenzie will make every effort to meet deadlines. All quoted turnaround times are approximate. Bianca McKenzie will not be held responsible or liable for any costs resulting from late submissions.
• If, an event occurs beyond our reasonable control which prevents Bianca McKenzie from completing the services by date(s) set out in the welcome package, we agree to notify you in writing as soon as reasonably possible, with the reason for delay and the estimated time for completion of the services. In any event, you may, at any time but are not obliged, to extend the date for completion of the services.
APPROVAL
• Approval is required for all projects, via email prior to work being released.
• Whilst all care is taken by Bianca McKenzie, Bianca McKenzie is not responsible for any spelling, grammatical, numerical errors or omissions after final approval. Even if these errors are from Bianca McKenzie, it is the Client’s responsibility to proof read and check thoroughly their projects to identify any errors prior to approval.
IMAGES
• Some designs may contain stock images that are available for purchase.
• Any images supplied by the Client must be provided in high resolution and preferably in landscape format.
DISCLAIMER
• To provide the services agreed upon, Bianca McKenzie relies on information supplied by the Client, its employees and agents.
• It is the responsibility of the Client to satisfy itself as to the appropriateness of any advice or recommendation supplied by Bianca McKenzie before acting on it.
• The Client accepts full responsibility for the outcome of implementing any such advice or recommendation.
• The Client also accepts full responsibility for obtaining permission to publish any material whatsoever that is not owned by the Client, that may be subject to copyright, or may be reasonably expected to require permission (including any images, customer testimonials and case histories) prior to publishing.
• Bianca McKenzie will not be held responsible for the reliability and performance of any third-party applications including website and social media platforms, and any other third-party applications used by Bianca McKenzie in the course of its business.
• Bianca McKenzie will not be held liable or accountable for any issues arising from third-party applications making changes to their systems, terms and conditions or rights of use, nor for any security breaches of these platforms.
INSURANCE POLICIES
• While this agreement is in force, Bianca McKenzie will ensure that she and all of her representatives are covered by insurance policies to perform the services covered by this agreement and as required in the welcome package.
• Bianca McKenzie will provide a copy of the insurance policies or certificate of currency upon reasonable request.
GOVERNING LAW
• This agreement is governed by the laws from time to time in force in the State or Territory specified below and both you and Bianca McKenzie agree to unconditionally submit to the non-exclusive jurisdiction of the Courts in that State or Territory for determining any dispute concerning this agreement.
• Victoria, Australia.
