Terms and Conditions

Introduction

OnScreen Designs regards customer privacy as an important part of our relationship with our customers. The following privacy policy applies to all OnScreen Designs users, and conforms to Internet privacy standards.

If you have questions or concerns regarding this statement, you should first contact us at 1800 667 273.

Collection of Information

In order to use the OnScreen Designs website, we may require information from you in order to provide the best service possible.

All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including Email.

Any information collected by OnScreen Designs is collected via correspondence from you or your company. This may be via the telephone, Email, mail, fax or directly through our website.

Use of Collected Information

Any details collected from OnScreen Designs customers is required in order to provide you with our products and/or services, and a high level of customer service.

Correspondence is recorded in order to provide service references, and to assist in our staff development.

Storage of Collected Information

The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When Credit Card details are collected, we simply pass them on in order to be pro- cessed as required. We never permanently store complete Credit Card details.

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.

If you have any questions about security on our Website, you can email us at cs@onscreendesigns.net.

Access to Collected Information

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at   cs@onscreendesigns.net.

Orders

If you purchase a product or service from us, we may request certain personally identifiable informa- tion from you. You may be required to provide contact information (such as name, Email, and postal address) and financial information (such as credit card number, expiration date).

We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Communications

OnScreen Designs uses personally identifiable information for essential communications, such as Emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional Emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us at cs@onscreendesigns.net.

You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your infor- mation with that party.

Third Parties

OnScreen Designs may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service.

These third parties are prohibited from using your personally identifiable information for any other purpose.

OnScreen Designs does not share any information with third parties for any unknown or unrelated uses.

Legal

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.

Links

Links on the OnScreen Designs site to external entities are not covered within this policy. The terms and conditions set out in this privacy statement only cover the domain name of www.onscreendesigns.net.

Changes to Privacy Policy

If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by Email, or by means of a notice on our homepage.

OnScreen Designs uses the eWAY payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the eWAY gateway are secured payments.

• Payments are fully automated with an immediate response.
• Your complete credit card number cannot be viewed by OnScreen Designs or any outside  party.
• All transactions are performed under 128 Bit SSL
• All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data.
• eWAY is an authorised third party processor for all the major Australian banks.
• eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by OnScreen Designs.

For more information about eWAY and online credit card payments, please visit www.eWAY.com.au

If for any reason you are not completely satisfied with your service/purchase we will give you a 7 day money-back guarantee from the time of completion of the service/work, unless otherwise indicated in your service terms. This money-back guarantee does not include a change of mind, miscommunication in a design brief that can be resolved within the quoted time frame or price, a service that requires a 12-month commitment, or Online Marketing Services like Google Adwords Management or services related to Social Media management and/or advertising. Please email us at cs@onscreendesigns.net within that time if you are not satisfied with your purchase so that we can resolve any problems.

CONFIDENTIALITY:

The Client and OnScreen Designs may disclose confidential information one to the other to facilitate work under these terms. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:

1. is already known to the party to which it is disclosed;
2. is or becomes part of the public domain without breach of these terms;
3. is obtained from third parties, which have no obligations to keep confidential to the parties to these terms.

HOSTING & DOMAIN NAME MANAGEMENT SERVICES:

In some cases, OnScreen Designs will research the best Hosting Service and setup the requested Domain Name for the Client. OnScreen Designs will then continue to manage the hosting and domain name services, and in some cases may do so with a third party (hosting provider). OnScreen Designs does not accept any responsibility if there is a problem with the hosting as it will be a third party company (hosting provider) that is hosting the website and emails. OnScreen Designs will be notified when the Clients website crashes and will do everything possible to resolve the issue. OnScreen Designs is not liable for any loss of income from the Clients website.

It is the responsibility of the client to ensure that domain names are renewed before the expiry or due date. OnScreen Designs will facilitate the process of renewing a domain name by sending reminder emails and setting up automatic payments where possible.

AUTHORISATION:

The client will need to authorise OnScreen Designs to access their web hosting account, providing active user name / password combinations for access to the server via FTP, assuring that ‘write permissions’ are in place on said hosting provider.

FEES:

OnScreen Designs reserves the right to bill a late payment fee in the event that the client does not pay by the expected due date. The due date for all payment is 10 days after the invoice date unless otherwise stated. There may be a required transaction fee when certain payment methods are required.

ADDITIONAL SERVICES:

Changes in client input or direction or any changes to any provided free item or paid item or service will be charged at $89.00 an hour, inc. GST. Any work the Client wishes OnScreen Designs to create or complete in any such manner, which is not specified or included in the packages or plans the client is invoiced, will be considered an additional service. If OnScreen Designs deems necessary such work shall require a separate payment from any other already invoiced services and or packages/plans.

A client will reimburse OnScreen Designs for any additional services requested for the completion of any additional work of any kind: (e.g. Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock photography, Travel, Telephone Consultation, etc)

ASSIGNMENT OF WORK:

OnScreen Designs reserves the right to assign other designers or subcontractors to any work to ensure quality and on-time completion.

RESERVATION OF RIGHTS:

All rights not expressly granted are reserved to OnScreen Designs, including but not limited to all rights in sketches, comps, or other preliminary materials.

PERMISSIONS AND RELEASES:

The Client agrees to indemnify and hold harmless OnScreen Designs against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in any of the services at the request of the Client or at the direct input of the client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.

PUBLICATION:

The Client may publish or disclose information regarding any of the services and shall acknowledge the support of OnScreen Designs in all such publications. The Client will not use the name of OnScreen Designs, in any advertising or publicity without the prior written approval from OnScreen Designs. OnScreen Designs will not use the name of the Client, in any advertising or publicity without the prior written or said approval from the Client.

DUE DATES:

If required OnScreen Designs will make every effort to meet agreed upon due dates. The Client should be aware that failure to submit required information or materials may cause subsequent delays in the production. Client delays could result in significant delays in delivery of finished work.

Client aggress to pay by the time specified on the invoice and agrees that by not doing so will result in automatic suspension or termination of access to some or all of the service described above.

ACKNOWLEDGEMENT OF WORK

The client agrees to allow OnScreen Designs to publish the work done by OnScreen Designs in an online and printed portfolio. The Client also agrees to have an acknowledgement of work in the footer of the website. The footer will read “Website Designed and Powered by OnScreen Designs”. Client also agrees that a link will be present in the footer directing visitors to www.onscreendesigns.net.

Client agrees to allow OnScreen Designs to publicly display comments from the clients company or the said client which may be deemed as feedback. OnScreen Designs also reserves the right to not display such comments.

TERMINATION OF SERVICE:

In the event that Client wishes to terminate a service; termination of service can only occur by giving 30 days written notice to OnScreen Designs. In the event that any work is postponed or terminated at the request of the Client, OnScreen Designs shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under these terms of service. If additional payment is due, this shall be payable within thirty days of the Client’s written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by OnScreen Designs and OnScreen Designs shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

In the event that either party terminates a service, payment must be made in full comprised of an early termination fee set by OnScreen Designs, and/or the remaining monthly payments if any and any owing amounts.

The Client and OnScreen Designs are independent parties and nothing in these terms of service shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor OnScreen Designs has any authority to assume or create any obligation or liability, either expressed or implied, on behalf of the other.

OnScreen Designs reserves the right to refuse or cancel service(s) to any prospective or existing client at any time. If OnScreen Designs wishes to cancel clients account, where client does not have any outstanding Invoices, OnScreen Designs will provide client with 14 days notice before termination of service occurs. In the event, that client has hosting services with OnScreen Designs, and client does not have any outstanding Invoices, OnScreen Designs will provide client with access to backups of said hosting services.

CALL RECORDING TERMS AND CONDITIONS & STANDARD AGREEMENT

OnScreen Designs (ABN 35 123 367 340) and our suppliers (“us/we”) will supply you with telecommunications services (“Services”) on the terms and conditions set out below. Words not defined in these terms and conditions have the same meaning as in the Telecommunications Act 1997.

1. General Terms
   • As a customer of OnScreen Designs these terms and conditions form the basis of our call recording services with you.
   • Information and call recordings held in our systems, or the system of our suppliers will only be available to you whilst you are a customer of ours.
   • You agree that the terms and conditions may change from time to time upon mutual written agreement.
   • You acknowledge that circumstances may arise where call recording may not be available for calls.
2. Liability and Indemnity
   • You agree that our liability will be limited in accordance with the existing terms and conditions as per your services agreement with us.
   • Notwithstanding any existing terms, you agree we shall not be liable to you for any:
     • (a) Costs, damages, penalties, fines or other losses as a result of:
       1. us enabling recording or accessing stored recordings for your telephone calls
       2. You, your staff, agents, contractors or associates accessing recordings stored on your behalf

• Any formal legal action taken against you by participants to recorded calls

• You agree to indemnify us against all liability, costs, losses and expenses arising out of any breach, act or omission by you under or in relation to this agreement.
• You acknowledge that is service is provided to you on the understanding that you will adhere to all federal, state and territory laws governing telecommunications, personal information, call recording and privacy. You agree to indemnify us against any actions brought against you in relation to such laws.
• You acknowledge your staff, agents, contractors or associates have been informed by formal means that calls to applicable numbers and services will be recorded and indemnify us against any such claims that arise as a dispute of this agreement.
• You agree to take full responsibility for informing callers to these numbers and services that calls may be recorded.

3. No Guarantee
   • You acknowledge that we do not guarantee compliance of call recording services to any industry standard governing information security, financial information or personal information.
4. Term of Agreement
   • This agreement shall remain active until all recorded messages are removed from our systems or the systems from our suppliers.
   • You may cancel this agreement at any time by requesting call recording to be disabled and all recorded calls removed from our/our supplier’s systems.
   • You expressly agree that the terms set forth under this agreement remain applicable and active until all recordings are securely removed from our/our supplier’s systems.
5. Our Commitment
   • We will commit to:
     • (a) Recording all inbound calls as per the applicable services in this agreement.
     • (b) Provide access to recordings to your delegated staff
     • (c) Store recordings indefinitely until such time as this agreement is cancelled.
     • (d) Upon request, securely remove all or any recordings as identified by you.
   • We reserve the right to:
     • (a) Disable the call recording services where it is deemed in our interests to do so.
     • (b) Perform maintenance on our recording systems, cause interruption to call recording or remove recordings from our systems.

6. Your Commitment
   • You commit to:
     • (a) Comply with all regulatory, local, state and federal laws regarding call recording and the fair use of personal information
     • (b) Provide 30 days’ notice of cancellation of the call recording services.

7. Severability
   • If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
8. Force Majeure
   • If either party to this agreement is unable to perform any act required by the terms herein by cause of natural disaster, fire, flood, malicious injury, strikes, lock-outs or other labour troubles, riots insurrection war or other reason of similar nature, but not arising as from the fault of said party performing under this agreement, then performance of such act shall be excused for the period of the delay.
   • If the party experiencing any the delays set for in 7.1, does not make adequate and timely remedies to perform its obligations after the delays have ceased, then either party may terminate this agreement in accordance with section 4.