Terms and Conditions

These Terms and Conditions of Use (“Terms”) govern your use of our website located at https://www.aldershots.com (“Site”) and, together with our Privacy Policy as well as any Aldershots Contract that you sign, form a binding contractual agreement between you, the user of the Site and us, Aldershots, ABN: 50 081 392 516 (“Aldershots”).

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on info@aldershots.com.

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

This Site is intended for use by users aged 18 and over. 

We may change all or part of the Terms at any time. If we do, the new Terms will be posted on the Site. Your subsequent or continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Site.

These Terms were last updated in October 2016.

In these terms and conditions:

“Aldershots Contract” means the binding contract that Aldershots provide to you once you have accepted a Quote.

“Quote” means a quotation provided to you by Aldershots in relation to your request for Services, as amended from time to time.

“Services” means any brand identity/logo design, graphic deisgn, digital/web design services provided to you by us.

“Site” means all of the websites that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device).

“Terms” means these terms and conditions, together with the https://www.aldershots.com Privacy Policy, any Aldershots Contract that you may sign as well as any additional terms, conditions, notices and disclaimers displayed elsewhere on the Site.

“Us”, “we” or “our” means Aldershots and/or its related bodies corporate.

“You”, “your” means any user of the Site.  “Your” has a corresponding meaning.

Any brand identity/ logo design work contracted for is billed at our standard rate of $120/hr + GST, even if the initial concepts are not carried through to a final output or the job is cancelled. We do not do complimentary conceptual work.

Any graphic design work contracted for is billed at our standard rate of $120/hr + GST, even if the initial concepts are not carried through to a final output or the job is cancelled. We do not do complimentary conceptual work.

50% of the total estimated fee is payable up front prior to project commencement. If your web design project is cancelled at any time during the development period, this fee is non refundable and you may be liable for costs incurred in excess of this.

Unless otherwise specified in the final client agreement, the remainder of the total estimated fee plus any variations to this fee is payable at thirty (30) days after project commencement OR before Site upload, whichever occurs first.

You acknowledge that you are responsible for the management of your website host provider.  This includes, but is not limited to all domain and hosting services and updates.

Aldershots provides project estimates based on the information provided to us at the time of quoting. If the quoted job evolves outside the scope of that which was quoted, further charges will apply.

Quotes are valid for 30 days from date of quote.

Once you have accepted a Quote, Aldershots will send you a contract for you to sign.  This contract will contain the specific details of the services which Aldershots will perform for you including any specific payments terms.

Unless arranged otherwise, the payment terms for Aldershots work is:

  • Brand Identity/ logo design – 14 days from date of invoice.
  • Graphic Design – 14 days from date of invoice.
  • Digital/ Web Design – 50% of estimated costs prior to project start, the remainder to be paid at 30 days after project start or prior to website upload, whichever occurs first.
  • Printing – will be invoiced when the job is sent to print.  Payment must be received before goods can be released.
  • Native files – will be invoiced when ownership is requested by email to info@aldershots.com.
  • If the above payment terms cannot be met, please let us know prior to engaging our services so alternative terms can be arranged if appropriate.

International clients have the option of payment via PayPal. All sums must be paid in Australian dollars. Please email info@aldershots.com to arrange payment.

The due date for all accounts will be clearly stated on your invoice.  If you have an overdue invoice in our system, we may have to prioritise other jobs in the system over yours until the overdue invoice is paid.

We reserves the right to charge you interest in respect of the late payment of any invoices at the rate of 5 percent above the base rate from time to time of the Reserve Bank of Australia from the due date until receipt of payment.

Overdue accounts with Aldershots may be passed onto our Debt Collection agency if payment has not been received by the due date.

Once a job has commenced, all support time that Aldershots provides to you by any means (ie. phone, email or other) will get attributed to your matter, and is therefore charged out at our hourly rate of $120/hour + GST. The client may request for a current running time on an open job by emailing Aldershots, and a database output of times for that job number will be provided.

All print jobs must be paid in full before delivery of goods.

We require your approval for all artwork before it is sent to print.  Responsibility for any errors or omissions once your approval has been given lies with you.  If a print job requires re-printing due to errors or omissions, this will be done at your cost.

Both you and us must abide by the agreed timeframe for project completion, unless a change to the timeframe has been mutually agreed in writing.  For the purpose of these Terms, email correspondence constitutes “in writing”.

By submitting contact on this Site or otherwise providing content to us (“Content”), you grant us a worldwide royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable and fully transferable licence to use, reproduce, display, sell, modify and edit the Content.  You waive any moral rights you may have in the Content. You warrant and represent that you have all rights necessary to grant us these rights.

All information, data and copyright material contained in this Site and any trade marks (whether registered or unregistered), trade names, brands, logos and devices included in that material belongs to us.

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

Nothing displayed on the Site should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the Site without the express written consent of the relevant owner.

The material on this Site is protected by copyright under the Australian Copyright Act 1968 (the Act) and, through international treaties, in other countries. Content displayed on or via the Site is protected as a collective work and/or compilation, pursuant to copyright laws and international conventions.

You agree not to copy, distribute or modify content from the Site without Our express written consent. You may not disassemble, decompile, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Site (other than your own content).

All native files remain the Intellectual Property of Aldershots, and therefore Aldershots reserves all rights to native artwork and fonts. 

You may purchase native files from Aldershots by emailing info@aldershots.com.  Ownership of the Intellectual Property in such native file shall pass to you on Aldershot’s receipt of your payment.

You understand that all non-brand design elements are only licenced to you for the purposes of the project and are not your property.  Some of the assets used during our performance of the services for you may have been specifically purchased for use in your project.  If you use these assets independently, you may be breaking the law.

You may not sell or distribute any photographs or design elements created by Aldershots without Aldershot’s prior written consent.

We are happy to provide output files on a disk once all invoices have been paid for in full. Please note there is a charge involved for the time taken to collect the required files and copy the files to disk.

To the extent permitted by law, all express or implied guarantees, warranties, representations or other terms and conditions relevant to your use of this Site, but not contained in these Terms are excluded. 

These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations.  If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

  1. the supply of the services again; or
  2. the payment of the cost of having the services supplied again.

In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Site.

We will not be liable for loss resulting from any action or decision by you in reliance on content on the Site, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

By using the Site, you agree to the collection, transfer, storage and use of your personal information by the Site and Aldershots on servers as described in our Privacy Policy. You also agree to receive marketing communications from us, our sponsors or affiliates, unless you tell us otherwise.

While we use reasonable endeavours to ensure that the Site is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the Site may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

Except as expressly provided otherwise in the Terms, we reserve the right to change or discontinue any website, feature or service (or part thereof) on the Site at any time.

We may feature or display links and pointers to websites operated by third parties on the Site. Such websites do not form part of the Site and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave the Site entirely at your own risk.

The Site may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

If you contact a third party using functionality provided on the Site, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

The Site utilises cookies. If you do not have cookies enabled in your web browser some functions of the site may not work as intended.

You are welcome to create links from your website to the Site if you obtain our prior written permission. However, you must not use Aldershots trade marks or logos for this purpose.

Our Site and emails may contain links to websites not owned or operated by Aldershots. We do not accept liability for the availability or content of these sites, or do we make any representations about the accuracy of any information continained on other websites.

  1. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
  2. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement at our sole discretion.
  3. These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales, Australia to determine any matter or dispute which arises under the Terms.
  4. We aim to provide an excellent standard of service, however if you feel we may have not achieved this please let us know. We take all complaints seriously, and use our best efforts to resolve these as quickly as possible. 
  5. Should a dispute arise between you and Aldershots, we strongly encourage you to contact us directly to seek a resolution by contacting us on info@aldershots.com.  Any reasonable requests will be considered and we will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
  6. Disputes and/or claims do not constitute grounds for non-payment of amounts other than those in dispute.