Terms & Conditions of Trading
The following terms & conditions of trading apply to all goods and services provided by Green LightCreative Pty Ltd ACN 602 146 010 as trustee for the Green Light Creative Trust (Green Light Creative). All work is carried out with the understanding that the client has agreed to these terms & conditions of trading.
Goods & Services
In consideration of the client paying Green Light Creative the appropriate fees, Green Light Creative agrees to provide the client with the graphic design and signage creation and installation goods and services (the Goods and Services) as detailed in Green Light Creative’s written quote to the client and accepted by the client in accordance with these terms and conditions.
Quoting
Green Light Creative will provide the client with a written quotation for the Goods and Services (the Quote) and the Quote will be deemed to be accepted by the client; upon the client signing the Quote, if the client continues to instruct Green Light Creative to provide the Goods and Services, if the client fails to withdraw their instructions in relation to the Quote or the Goods and Services and/or if the client sends Green Light Creative a work order for the Goods and Services (whether or not that work order reflects the Quote).
Upon acceptance of the Quote, the client is deemed to have read and agreed to these terms and conditions.
The Quote, any work order provided by the Client or Green Light Creative (if applicable) and these terms and conditions forms a legally binding contract between the client and Green Light Creative (the Agreement).
Green Light Creative may not commence work on the Goods and Services until the Agreement has been entered into.
After the Agreement has been entered into, an invoice will be raised for a deposit, payable by the client (the Deposit). Green Light Creative, may require the Deposit to be paid prior to commencing work on and/or providing the Goods and Services. Green Light Creative may waive its right to obtain a deposit from the client, in their sole discretion. The client acknowledges that the Deposit is a non-refundable deposit and in order to cover reasonable costs which are outlaid by Green Light Creative in order to assess client’s request for the Goods and Services, provide the Quote and make initial enquiries.
Quotes are only valid for acceptance for a period of 30 days from submission to the client and may be subject to change due to fluctuations in supply costs (paper, substrates, transport / delivery charges) during that time period.
While Green Light Creative endeavours to honour the amounts in the Quote, Green Light Creative may be required to increase the amounts in the Quote due to rising material costs and other matters outside of Green Light Creative’s control, in which a Quote relates to ongoing provision of Goods and Services. In this case, Green Light Creative will submit an updated Quote to the client for their approval.
The client agrees that if it requires changes to the Quote or the scope of Goods and Services required, which result in the Quote amount being higher than the original Quote amount, the client will be liable for any additional charges. The client also agrees that Green Light Creative holds no responsibility for any amendments made by any third party, before or after a design is published.
For the sake of clarity, the Quote does not include any third party disbursements, fees, costs and/or charges or other third party costs incurred by Green Light Creative in providing the Goods and Services.
Upon acceptance of the Quote, the client is deemed to have read and agreed to these terms and conditions.
The Quote, any work order provided by the Client or Green Light Creative (if applicable) and these terms and conditions forms a legally binding contract between the client and Green Light Creative (the Agreement).
Green Light Creative may not commence work on the Goods and Services until the Agreement has been entered into.
After the Agreement has been entered into, an invoice will be raised for a deposit, payable by the client (the Deposit). Green Light Creative, may require the Deposit to be paid prior to commencing work on and/or providing the Goods and Services. Green Light Creative may waive its right to obtain a deposit from the client, in their sole discretion. The client acknowledges that the Deposit is a non-refundable deposit and in order to cover reasonable costs which are outlaid by Green Light Creative in order to assess client’s request for the Goods and Services, provide the Quote and make initial enquiries.
Quotes are only valid for acceptance for a period of 30 days from submission to the client and may be subject to change due to fluctuations in supply costs (paper, substrates, transport / delivery charges) during that time period.
While Green Light Creative endeavours to honour the amounts in the Quote, Green Light Creative may be required to increase the amounts in the Quote due to rising material costs and other matters outside of Green Light Creative’s control, in which a Quote relates to ongoing provision of Goods and Services. In this case, Green Light Creative will submit an updated Quote to the client for their approval.
The client agrees that if it requires changes to the Quote or the scope of Goods and Services required, which result in the Quote amount being higher than the original Quote amount, the client will be liable for any additional charges. The client also agrees that Green Light Creative holds no responsibility for any amendments made by any third party, before or after a design is published.
For the sake of clarity, the Quote does not include any third party disbursements, fees, costs and/or charges or other third party costs incurred by Green Light Creative in providing the Goods and Services.
Invoicing
All work is billed in 15-minute increments at an hourly rate with a minimum of 30 minutes billed per invoice. All work requested of Green Light Creative will be billable unless Green Light Creative indicates otherwise, by email or in writing.
When the project is complete, the final invoice will be generated. Invoices will be sent via email in PDF format. All invoices are due on with seven (7) days of completion of the job, unless agreed otherwise.
If the client requests that the Goods and Services be provided as a matter of priority or urgency or that there be last minute alterations made to the Goods and Services, Green Light Creative may charge the client additional overtime charges which may exceed Green Light Creative’s standard hourly rate.
All goods and services are subject to GST.
Payments must be made in the manner and method as determined by Green Light Creative, from time-to-time. Any returned cheques will incur an additional fee of $10 per returned cheque.
When the project is complete, the final invoice will be generated. Invoices will be sent via email in PDF format. All invoices are due on with seven (7) days of completion of the job, unless agreed otherwise.
If the client requests that the Goods and Services be provided as a matter of priority or urgency or that there be last minute alterations made to the Goods and Services, Green Light Creative may charge the client additional overtime charges which may exceed Green Light Creative’s standard hourly rate.
All goods and services are subject to GST.
Payments must be made in the manner and method as determined by Green Light Creative, from time-to-time. Any returned cheques will incur an additional fee of $10 per returned cheque.
Delinquent Accounts & Late Fees
An account shall be considered delinquent if it remains unpaid after 60 days from the due date or following a returned cheque. A delinquent account will incur a late fee of 5% per month for any unpaid amount. Clients whose accounts become delinquent agree to pay Green Light Creative any and all legal expenses and third party collection agency fees in the enforcement of this Agreement.
Graphic Design & Project Completion
Any indication given by Green Light Creative of a project’s duration is to be considered by the client to be an estimation only (Estimated Completion Timeframe). Green Light Creative shall use commercially reasonable efforts to meet any Estimated Completion Timeframe, however, the client acknowledges that Green Light Creative may not be able to meet the Estimated Completion Timeframe for reasons outside of their control for which Green Light Creative cannot be held responsible.
Once a design is complete, Green Light Creative will provide the client with a proof (the Design and Printers Proof) and the opportunity to review the resulting work.
Green Light Creative will consider the design component of the Goods and Services complete upon receipt of the client’s approval of the Design and Printers Proof.
Green Light Creative agrees to make two sets of minor changes (including small textual changes/adjustments to placements of items on the page) (Minor Changes) to the Design and Printers Proof as part of the Quote within 30 days of the start of the review period upon receiving a written request from the client of the Minor Changes. Any Minor Changes must be requested in writing by the client.
After completion of a job Green Light Creative will store digital back-ups of the work at no cost to the client. Retrieval and supply of digital files for use by other agencies may be subject to additional fees.
Once a design is complete, Green Light Creative will provide the client with a proof (the Design and Printers Proof) and the opportunity to review the resulting work.
Green Light Creative will consider the design component of the Goods and Services complete upon receipt of the client’s approval of the Design and Printers Proof.
Green Light Creative agrees to make two sets of minor changes (including small textual changes/adjustments to placements of items on the page) (Minor Changes) to the Design and Printers Proof as part of the Quote within 30 days of the start of the review period upon receiving a written request from the client of the Minor Changes. Any Minor Changes must be requested in writing by the client.
After completion of a job Green Light Creative will store digital back-ups of the work at no cost to the client. Retrieval and supply of digital files for use by other agencies may be subject to additional fees.
Delivery & Installation
Delivery & InstallationGreen Light Creative reserves the right to arrange transport of the goods subject of the Services by any means, in their sole discretion.
Delivery of the Goods and Services is taken to have occurred when the client or their nominee take possession of the Goods and Services or when Green Light Creative’s nominated transport contractor delivers the Goods and Services to the client’s nominated delivery address.
Green Light Creative cannot be held liable for any loss or damage incurred as a result of any transport contractor’s delivery of the Goods and/or Services to the client’s nominated delivery address.
If the client requires Green Light Creative to provide any installation services (Installation Services), the client acknowledges and agrees that:
Delivery of the Goods and Services is taken to have occurred when the client or their nominee take possession of the Goods and Services or when Green Light Creative’s nominated transport contractor delivers the Goods and Services to the client’s nominated delivery address.
Green Light Creative cannot be held liable for any loss or damage incurred as a result of any transport contractor’s delivery of the Goods and/or Services to the client’s nominated delivery address.
If the client requires Green Light Creative to provide any installation services (Installation Services), the client acknowledges and agrees that:
- Green Light Creative will provide the Installation Services in a proper workmanlike manner;
- the client will hold all of the necessary insurances, including but not limited to Public Liability insurance with a minimum coverage of $20million per occurrence;
- the client will have and will continue to comply with all relevant regulations and legislation, including but not limited to the relevant Work Health and Safety laws and Green Light Creative cannot be held responsible for any failure of the client to comply with any regulations or legislation;
- Green Light Creative may require use of the client’s equipment in order to provide the Services and if so, the client will be required to provide that equipment for Green Light Creative’s use and ensure that any such equipment is in good working order;
- Green Light Creative may require the assistance of the Customer of the client’s personnel in providing the Installation Services;
- the Installation Services will be carried in accordance with the client’s request and at the client’s direction; and
- Green Light Creative cannot be held liable for any claim, loss or damage incurred by the client or any third party (including the client’s personnel) caused directly or indirectly as a result of Green Light Creative providing the Installation Services except to the extent to which the claim, loss or damage incurred was due to Green Light Creative’s negligent act or omission.
Ownership & Rights
Green Light Creative retains all legal title and interest in the Goods and Services until full payment of all costs owed to Green Light Creative under this Agreement have been paid.
The client acknowledges that all designs, concepts, ideas, trademarks, patents, copyrights, processes, know-how, registered designs or other like rights or any right to apply for registration of any of the former (Intellectual Property) that are in any way connected with the Goods and Services and/or this Agreement are owned by Green Light Creative.
However, any intellectual property that was already owned by the client prior to entering into this Agreement (the Client’s IP) shall remain the property of the client.
Upon entering into this Agreement, the client hereby grants to Green Light Creative a non-exclusive, non-transferable license to use, reproduce, modify, display and publish the Client’s IP solely in connection
with Green Light Creative’s provision of the Goods and Services and other related used in connection with this Agreement.
Upon full payment of all fees, costs and disbursements due to Green Light Creative under this Agreement, Green Light Creative shall grant to the client an on-going exclusive licence to use the Intellectual Property in the form provided by Green Light Creative, solely for the purpose for which Green Light Creative has provided it.
By supplying text, images, graphic designs and other data (Client’s Data) to Green Light Creative in order for them to provide the Goods and Services, the client declares that it holds the appropriate copyright and / or trademark permissions and acknowledges that GCL has the right to utilise, alter and/or otherwise utilise the Client Data. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. Any artwork, images or text supplied and / or designed by Green Light Creative, on behalf of the client, will remain the property of Green Light Creative and / or its suppliers.
The client acknowledges and agrees that GCL will use all reasonable endeavours to ensure that any design, imagine or similar is unique, however, it is ultimately the responsibility of the client to ensure that any design, image or similar does not infringe on any other trademark or similar intellectual property rights and/or is not the same as or similar to any other design, image or similar used by any other business prior to approving the Design and Printers Proof.
The client agrees to fully indemnify and hold Green Light Creative free from harm in any and all claims resulting from the client not having obtained all the required copyright, and / or any other necessary permissions.
The client acknowledges that all designs, concepts, ideas, trademarks, patents, copyrights, processes, know-how, registered designs or other like rights or any right to apply for registration of any of the former (Intellectual Property) that are in any way connected with the Goods and Services and/or this Agreement are owned by Green Light Creative.
However, any intellectual property that was already owned by the client prior to entering into this Agreement (the Client’s IP) shall remain the property of the client.
Upon entering into this Agreement, the client hereby grants to Green Light Creative a non-exclusive, non-transferable license to use, reproduce, modify, display and publish the Client’s IP solely in connection
with Green Light Creative’s provision of the Goods and Services and other related used in connection with this Agreement.
Upon full payment of all fees, costs and disbursements due to Green Light Creative under this Agreement, Green Light Creative shall grant to the client an on-going exclusive licence to use the Intellectual Property in the form provided by Green Light Creative, solely for the purpose for which Green Light Creative has provided it.
By supplying text, images, graphic designs and other data (Client’s Data) to Green Light Creative in order for them to provide the Goods and Services, the client declares that it holds the appropriate copyright and / or trademark permissions and acknowledges that GCL has the right to utilise, alter and/or otherwise utilise the Client Data. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. Any artwork, images or text supplied and / or designed by Green Light Creative, on behalf of the client, will remain the property of Green Light Creative and / or its suppliers.
The client acknowledges and agrees that GCL will use all reasonable endeavours to ensure that any design, imagine or similar is unique, however, it is ultimately the responsibility of the client to ensure that any design, image or similar does not infringe on any other trademark or similar intellectual property rights and/or is not the same as or similar to any other design, image or similar used by any other business prior to approving the Design and Printers Proof.
The client agrees to fully indemnify and hold Green Light Creative free from harm in any and all claims resulting from the client not having obtained all the required copyright, and / or any other necessary permissions.
Cancellation
Cancellation of orders may be made initially by telephone contact, or email; but following this Green Light Creative will need formal notification in writing. The client will then be invoiced for all work completed over and above the Deposit amount, if any, incurred up to that point in time. The final invoice will be payable within 30 days from the issue date. Please note: any cancellation which is not formally confirmed in writing and received by Green Light Creative within 5 days of such instruction being issued, will be liable for the full quoted cost of the project. Where signage or construction has been ordered all material costs incurred up to the time of cancellation will be payable by the client to Green Light Creative.
Green Light Creative may, in their discretion, refuse to provide the Goods and Services to the client for whatever reason. In those circumstances, the client will be entitled to a refund of any fees paid to Green Light Creative (less any reasonable amount for the time which Green Light Creative has expended up until that point in time).
Green Light Creative may, in their discretion, refuse to provide the Goods and Services to the client for whatever reason. In those circumstances, the client will be entitled to a refund of any fees paid to Green Light Creative (less any reasonable amount for the time which Green Light Creative has expended up until that point in time).
Warranties & Materials
Green Light Creative makes no warranties of any kind, expressed or implied, for any and all products and / or services that it supplies except for those warranties which cannot be excluded by law.
If the client is dissatisfied with any of the Goods and Services or if they have identified a defect in the Goods and Services, the client is required to notify GCL within three (3) to five (5) working days of any such dissatisfaction or defect and provided the client complies with this obligation, Green Light Creative will rectify any issues or defects in the Goods and Services to a reasonable extent.
While Green Light Creative takes reasonable steps to investigate the materials recommended and used in provision of the Goods and Services, Green Light Creative accepts no responsibility for the performance, quality of materials, or any consequential loss arising from their failure and the client agrees not to hold Green Light Creative responsible for any such loss or damage. Any such claim against Green Light Creative shall be limited to the relevant fee(s) paid by the client.
Colours, materials etc will be the nearest commercially available (in all aspects) to that selected or offered. Where varied paper stock or substrates are being used; Green Light Creative can only match these as close as possible, given the different properties of the substrates (i.e. gloss, uncoated, light box).
Green Light Creative aims to ensure signs are produced to be structurally sound. Green Light Creative recommends for every sign that engineer certification and approval for the location is established. If the client refuses this step for certification, the client understands and accepts that signs will not be formally certified by an engineer prior to installation. Green Light Creative will not be held responsible for any problems arising with the sign structure where the sign has not been certified by an engineer for that site.
If the client is dissatisfied with any of the Goods and Services or if they have identified a defect in the Goods and Services, the client is required to notify GCL within three (3) to five (5) working days of any such dissatisfaction or defect and provided the client complies with this obligation, Green Light Creative will rectify any issues or defects in the Goods and Services to a reasonable extent.
While Green Light Creative takes reasonable steps to investigate the materials recommended and used in provision of the Goods and Services, Green Light Creative accepts no responsibility for the performance, quality of materials, or any consequential loss arising from their failure and the client agrees not to hold Green Light Creative responsible for any such loss or damage. Any such claim against Green Light Creative shall be limited to the relevant fee(s) paid by the client.
Colours, materials etc will be the nearest commercially available (in all aspects) to that selected or offered. Where varied paper stock or substrates are being used; Green Light Creative can only match these as close as possible, given the different properties of the substrates (i.e. gloss, uncoated, light box).
Green Light Creative aims to ensure signs are produced to be structurally sound. Green Light Creative recommends for every sign that engineer certification and approval for the location is established. If the client refuses this step for certification, the client understands and accepts that signs will not be formally certified by an engineer prior to installation. Green Light Creative will not be held responsible for any problems arising with the sign structure where the sign has not been certified by an engineer for that site.
Third Parties
Green Light Creative reserves the right to use services provided from sub-contractors, agents and / or suppliers. Any work, content, services and usage is bound by that sub-contractor’s, agent’s and/or supplier’s terms and conditions and the client is deemed to be bound and have agreed to those terms and conditions. Green Light Creative and its clients also agree to comply with terms and conditions set forth by printers, including disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Green Light Creative recommends that if an exact quantity is required, then 10% extra is added to the quantity.
Client Responsibilities
Clients will need to provide all relevant details required by Green Light Creative at the times requested by Green Light Creative in order to provide the Goods and Services (including but not limited to, all relevant details of the client, details for access to sites, company details required to set up corporate accounts, purchase order numbers etc.) and if the client fails to do so, then Green Light Creative may not be able to provide the Goods and Services in the agreed Estimated Completion Timeframe or at all.
Clients will need to comply with all local authority’s or other regulatory body’s rules and regulations and all other relevant legislation, at their own cost, in relation to signage or otherwise required under this Agreement. Compliance in this regard is the sole responsibility of the client and Green Light Creative cannot be held liable for any failure to comply with any rule, regulation or law. It is the client’s sole responsibility to make Green Light Creative aware of any requirements required by any local authority or other regulatory body or legislation.
The client is to advise Green Light Creative where the signage is to be installed (including dimensions) (the Signage Location). Green Light Creative can meet on site to discuss the best locations, however the final location is to be decided by the client. Where the client chooses to allow Green Light Creative to choose the final location, Green Light Creative or any third parties cannot be held responsible in any way for the Signage Location if it is later deemed to be not suitable, unsafe or otherwise.
The client is to provide all details regarding underground services.
If the client is providing access equipment, please provide relevant details (load capacity, registration, operators name / licence number and if applicable, contact details of operator). If working in conjunction with another trade, carrying out other works that may affect Green Light Creative installation works, please confirm contact persons including telephone number (i.e. landscapers, civil team).
The client is required to hold and maintain all necessary insurances and will provide proof of same to Green Light Creative as and when requested.
Clients will need to comply with all local authority’s or other regulatory body’s rules and regulations and all other relevant legislation, at their own cost, in relation to signage or otherwise required under this Agreement. Compliance in this regard is the sole responsibility of the client and Green Light Creative cannot be held liable for any failure to comply with any rule, regulation or law. It is the client’s sole responsibility to make Green Light Creative aware of any requirements required by any local authority or other regulatory body or legislation.
The client is to advise Green Light Creative where the signage is to be installed (including dimensions) (the Signage Location). Green Light Creative can meet on site to discuss the best locations, however the final location is to be decided by the client. Where the client chooses to allow Green Light Creative to choose the final location, Green Light Creative or any third parties cannot be held responsible in any way for the Signage Location if it is later deemed to be not suitable, unsafe or otherwise.
The client is to provide all details regarding underground services.
If the client is providing access equipment, please provide relevant details (load capacity, registration, operators name / licence number and if applicable, contact details of operator). If working in conjunction with another trade, carrying out other works that may affect Green Light Creative installation works, please confirm contact persons including telephone number (i.e. landscapers, civil team).
The client is required to hold and maintain all necessary insurances and will provide proof of same to Green Light Creative as and when requested.
Work Place Health & Safety
Green Light Creative can provide documented risk management plans and safe work statements on request. The Green Light Creative full WHS document showing all processes and current insurances is available on request.
Clients and suppliers are required to immediately report any hazards onsite to Green Light Creative so that these can be added to the Hazards Register and dealt with accordingly.
The client accepts all responsibility for signage if they have chosen not to proceed with engineering for signage.
If site inductions or other work place health and safety requirements are required to be met, Green Light Creative may charge you additional costs in relation to this.
Clients and suppliers are required to immediately report any hazards onsite to Green Light Creative so that these can be added to the Hazards Register and dealt with accordingly.
The client accepts all responsibility for signage if they have chosen not to proceed with engineering for signage.
If site inductions or other work place health and safety requirements are required to be met, Green Light Creative may charge you additional costs in relation to this.
Exclusions
Green Light Creative specifically excludes the following items (unless specifically included in the Quote) from the Goods and Services:
- any inspections, that may be required as part of the Local Authority application process;
- certification / engineer approvals;
- inspection by registered engineer to inspect footing placement and / or framework if /or as required after completed works;
- no allowance for galvanizing of any signage structures;
- no allowance has been made for creating logos or EPS files for graphics - this is to be supplied by the client in Vector EPS format;
- no allowance has been made for adding bracing or structural support to the building or existing framework to support the new signage;
- no allowance has been made for traffic management, including permits and / or road closures;
- no allowance has been made for the disconnection, insulation or associated costs due to power lines. If power disconnection is required, the client is responsible to organise and confirm all details regarding these works. Also, prices do not include any required connections to main power (unless otherwise stated). A licenced electrician is required to carry out any work in this manner;
- no allowance for removal or disposal of any existing signs unless specifically noted;
- no allowance has been made for any repair / plugging / painting / patching / or make good to any surfaces unless specifically noted;
- pricing is based on a standard business hours, if any special requirements are needed they need to be agreed before commencement;
- price is subject to final site condition i.e.: rock shelves, concrete excavation, stability of footings etc. Please note that if any speciality access or equipment is required an extra charge will apply;
- Location inspection prior to commencement of work - unless the job is in the South East Queensland area and not subject to transport costs that would exceed $40 to visit the site; and
- if any stage the work changes, to that described in the initial quote, Green Light Creative retains the right to amend or adjust the quote, as required.
Advertising / Promotion
Green Light Creative retains the right to reproduce, publish and display the final design in Green Light Creative’s web site, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement. Green Light Creative also attains the right to be credited with authorship of the final design in connection with such uses. Either party, subject to the other’s reasonable approval, may describe its role in relation to the project and the services provided to the other party on its web site and in other promotional materials. If applicable, not expressly objected to, include a link to the other party’s web site.
Liability & Indemnity
While Green Light Creative makes all reasonable attempts to ensure that all Contractors meet the necessary requirements which allow them to provide and perform the Goods Services to a high standard and are generally of good fame and character, Green Light Creative are not liable for any false or misleading information provided by any Contractor/s.
The following limitations of liability apply:
The client indemnifies Green Light Creative for:
Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy conferred on You by the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.
To the fullest extent permitted by law, Green Light Creative’s total aggregate liability for a breach of a non-excludable condition or warranty is limited to, at Green Light Creative’s option:
The following limitations of liability apply:
- the client acknowledges and agrees that Green Light Creative will not be liable to them and/or any other persons for:
- any loss or damage of any kind that is directly or indirectly caused by or results from Green Light Creative and/or any Contractor/s providing the Goods and Services, this Agreement or the matters to which it relates or are in any way connected to it; and/or
- any direct, incidental, special or consequential damages, including loss or profits or anticipated profits, even if notified of the possibility of that potential loss or damage;
- the client releases Green Light Creative from any liability or claims including, but not limited to:
- any personal injury, illness or death caused to the client or any other person; and
- any breach of the client’s or any Contractor/s (or their personnel’s) obligations.
The client indemnifies Green Light Creative for:
- all losses and expenses Green Light Creative or any Contractor/s incur (including legal costs on an indemnity basis); and
- all liabilities Green Light Creative incur; directly or indirectly caused by, or resulting from any breach of this Agreement or from any wrongful, wilful or negligent act or omission by the client.
Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy conferred on You by the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.
To the fullest extent permitted by law, Green Light Creative’s total aggregate liability for a breach of a non-excludable condition or warranty is limited to, at Green Light Creative’s option:
- the resupply of the Services; or
- the payment of the cost of having the Services supplied again.
Default & Termination
Green Light Creative may terminate this Agreement immediately by written notice to the client if any of the following events has occurred:
- Green Light Creative ceases to offer the Goods and Services;
- Green Light Creative believes the professional relationship between Green Light Creative and the client has broken down beyond repair;
- the client breaches any term of this Agreement, including any non-essential term; or
- the client is subject to an insolvency event.
- Green Light Creative has committed a material breach of this Agreement (including, but not limited to breach of any Non-Disclosure Agreement entered into between the parties) which is not remediable or if capable of remedy, where Green Light Creative fails to remedy within 14 days of written notice; or
- Green Light Creative is subject to an insolvency event, other than an internal reconstruction with notice to the client.
- the parties are immediately released from their obligations under the Agreement except those obligations that, by their nature, survive termination;
- each party retains the claims it has against the other; and
- the client must immediately pay all outstanding Fees to Green Light Creative without off-set (including any off-set for any alleged claim).
Disclaimer
Green Light Creative may modify any of the terms & conditions contained in this agreement, at any time and at its sole discretion, by posting a change notice or a new agreement on its web site. If any modification is unacceptable to the client, their only recourse is to terminate this agreement. The client’s continued participation with Green Light Creative following a posting of a change notice or new agreement on the site will constitute binding acceptance of the change.
