Terms and Conditions

1. Definitions

• “Agreement” means these terms and conditions herewith.
• “Client” means the person and/or business described as the client within the “Client Details” area of the order form, proposal, Contract.
• “Authorisation” means the acceptance of the proposal using the online portal, making a payment or signing our paperwork / contract.
• “Business Day” means any day that is not a Saturday, Sunday or a public holiday in Australia
• “Fees” means the Price together with any Additional Charges incurred by you relating in any way to this Agreement and the Services.
• “Bug” means any lack of function in the Services that is the direct result of a coding or design error by Redline Digital Media;
• “Website” means your website designed, built and hosted pursuant to this Agreement.
• “Scope” means the document entitled either “Scope” or “Proposal” provided by CrowdBox to the Client and which describes the Services CrowdBox offers to perform for the Client pursuant to this Agreement.
• “Intellectual Property” means the intellectual property attaching to the Services including copyright, patents, trademarks, design rights, domain names whether registrable or not and whether registered or not.
• “Confidential Information” means all the information provided by one party to the other in connection with this Agreement where such information is identified as confidential or ought reasonably be considered to be confidential based on its context, nature or the manner of its disclosure, but excluding:
• information that is in the public domain other than by a breach of this Agreement; and
• information developed independently by a third party.
• Without limiting the foregoing, Confidential Information includes the terms of this Agreement and the contents of the Scope or Proposal.
• “Price” means the fees outlined by CrowdBox
• “You” and “Your” means the Client named within the “Client Details” area.
• “Notice of completion” means any notice in writing, given by CrowdBox to the Client advising that the goods or services subject of the Contract have been provided completed by the Supplier.

2. Confidentiality

A party must not, without the prior written consent of the other party, use or disclose the other party’s Confidential Information unless expressly permitted by this Agreement or required to do so by law or regulatory authority.

Each party must implement and maintain effective security measures to prevent unauthorised use and disclosure of the other party’s Confidential Information.

A party may:

• use the Confidential Information of the other party solely for the purposes of complying with its obligations and exercising its rights under this Agreement; and
• disclose the Confidential Information to its personnel or advisers to the extent necessary for them to know the information for the purposes related to this Agreement but only if reasonable steps are taken to ensure that the confidentiality of the information is retained.

3. Indemnity

You hereby unconditionally and irrevocably agree to indemnify and keep indemnified CrowdBox, its officers, employees and agents against any and all actions, claims, demands, losses, liabilities or costs (including legal costs) that arise, or result from, or are connected in any way with the Services, the Hosting, including but not limited to the sale of any product or service via your Website, except to the extent to which it arises out of any breach by CrowdBox of this Agreement.

If the Client orders goods or services in its capacity as trustee of a trust, the Client warrants that it has full power and authority to accept goods and/or services under the Contract for the benefit of the trust, warrants that its right of indemnity against the trust property is unrestricted and will not be adversely affected by the Contract, agrees that it will be bound by the Contract both personally and in its capacity as trustee of the trust, acknowledges that its liability for indebtedness incurred while a trustee will apply even if it ceases to be trustee of the trust for any reason; and acknowledges that its liability will not be limited to the assets of the trust.

4. Limitation of Liability

CrowdBox excludes all liability in respect of loss of data, interruption of business or any consequential or incidental damages or loss.

To the full extent permitted by law, CrowdBox excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in this Agreement.

Each party’s liability for any claim relating to this Agreement will be reduced to the extent to which the other party contributed to the damage arising from the claim.

This Agreement is to be read subject to any legislation, which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, Redline Digital Media limits its liability in respect of any claim to, at Redline Digital Media’s option:

5. Web Design Terms & Conditions

5.1 Definitions

• “Bug” means any lack of function in the Services that is the direct result of a coding or design error by CrowdBox
• “Website” means your website designed, built and hosted pursuant to this Agreement.
• “Scope” means the document entitled “Scope” provided by CrowdBox to the Client and which describes the Services CrowdBox offers to perform for the Client pursuant to this Agreement.
• “Proposal” means the document entitled “Proposal” provided by CrowdBox to the Client and which describes the Services CrowdBox offers to perform for the Client pursuant to this Agreement.

5.2 Bugs

CrowdBox will endeavour to rectify any Bugs of which CrowdBox receives written notice of, up until the expiration of 90 days from the date of activation of your Services.

Adjustments, modifications, amends or improvements in usability, functionality or design are not considered a Bug; they are considered outside the original Scope and as such are billable at the standard hourly rate.

CrowdBox does not support or warrant any bugs derived from obsolete browsers such as Internet Explorer 8 and versions of other browsers and devices that are more than two versions old.

CrowdBox shall do a reasonable level of testing of your Services, however the Client is responsible to thoroughly test your Services for any Bugs during the warranty period.

5.3 Notices
CrowdBox will provide notices in the form of an invoice, when milestones are achieved. Once the invoice in received, payment will be due within the stated period, generally 7 days.

Notices will be provided for “Commencement”, “Sign Off”, “Supply of Development Link” and “Go-Live”, or as per the contract terms, or as defined in the Proposal.