1.1- Any instructions received by C3 “Cannabis Content Creators” from the Client for “goods” or services provided and/or the Client’s acceptance of services supplied by C3 shall constitute acceptance of the terms and conditions contained herein.
1.2 – Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
1.3 – Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of C3.
1.4 – The Client shall give C3 not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address or business practice).
- Price And Payment
2.1 – At C3’s sole discretion the Price shall be either:
(a) As indicated on invoices provided by C3 to the Client in respect to services supplied; or
(b) C3’s quoted Price (subject to clause 3.2) which shall be binding for thirty (30) days.
2.2 – C3 reserves the right to change the Price in the event of a variation to C3 quotation.
2.3 – At C3’s sole discretion a 50% non-refundable deposit may be required.
2.4 – At C3’s sole discretion:
(a) payment shall be due prior to delivery of the services or goods; or
(b) payment for approved Clients shall be made by installments in accordance with C3's payment schedule.
2.5 – Time for payment for the services shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
2.6 – Payment will be made by cash, credit card, check, bank check or transfer, by direct credit, or by any other method as agreed to between the Client and C3.
2.7- Taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
- Content Of Web Pages And Undertakings
3.1 – The Client is solely responsible for the content of the website web page. C3 is not responsible for proofreading any content unless specifically agreed in writing. Any spelling errors will be the sole responsibility of the client.
3.2 – C3 makes no representations to the Client on the functionality or content of the Web site.
3.3 – The Client is solely responsible for dealings with persons accessing the data or webpage and the Client warrants that they will not refer complaints or inquiries to such data to C3.
- Web Hosting
4.1- If the Client selects to organize their own web hosting arrangements; final exported sites will be uploaded to your preferred host company. Construction files of the site can supplied on request and at C3’s sole discretion may incur a fee.
4.2- C3 accepts no responsibility for down times, delays, breakdowns or data loss caused by Internet Service Providers.
5.1 – C3 and Client agree that ownership and intellectual property of the services shall not pass until:
(a) the Client has paid C3 all amounts owing for the particular services; and
(b) the Client has met all other obligations due by the Client to C3 in respect of all contracts between C3 and the Client.
- Client’s Disclaimer
6.1- The Client hereby disclaims any right to rescind or cancel any contract with C3 or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by C3 and the Client acknowledges that the services are bought relying solely upon the Client’s skill and judgment.
6.2- Goods will not be accepted for return or reimbursement.
- Intellectual Property
7.1 – C3 retains ownership on all images and content created for client but client at an extra fee can purchase this copyright. Where photos are purchased by C3 from a third party for the use for either print or web it is the responsibility of the client to alert C3 when the license falls due/expires and they are responsible for renewing this license and all fees associated with this renewal whether past or future. C3 takes no responsibility for renewal of these images once they have expired.
7.2 – The Client warrants that all designs or instructions to C3 will not cause C3 to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify C3 against any action taken by a third party against C3 in respect of any such infringement.
- Default & Consequences of Default
8.1- If the Client defaults in payment of any invoice when due, the Client shall indemnify C3 from and against all costs and disbursements incurred by C3 in pursuing the debt including legal costs.
8.2 – Without prejudice to any other remedies C3 may have, if at any time the Client is in breach of any obligation (including those relating to payment), C3 may suspend or terminate the supply of goods and services to the Client and any of its other obligations under the terms and conditions. C3 will not be liable to the Client for any loss or damage the Client suffers because C3 has exercised its rights under this clause.
8.3 – Without prejudice to C3’s other remedies at law C3 shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to C3 shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to C3 becomes overdue, or in C3’s opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
8.4 – C3 retains the right to add a link on any website it designs and builds with its wording at C3’s discretion with the link back to the Roundhouse Creative Pty Ltd home page.
- Suspension Of Services
9.1 – C3 reserves the right to suspend services in any case where the Client fails to perform their obligations under this and any associated agreements, including but not limited to the suspension of the Client’s websites.
10.1 – C3 may discontinue services if an amount payable to C3 is overdue or take down a website permanently in any case where an amount payable is overdue by more than 30 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties. Furthermore, C3 will not refund (in part or in whole) any deposits received for the commencement of work, under any circumstances unless agreed firstly in writing by C3. C3 reserves the right to keep all funds from the deposit if work on a job has commenced and is terminated by either party. C3 shall not be liable for any loss or damage whatever arising from such cancellation.
10.2 – In the event that the Client cancels delivery of services the Client shall be liable for any loss incurred by C3 (including, but not limited to, any loss of profits) up to the time of cancellation.
11.3 – Roundhouse Creative Pty Ltd shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Roundhouse Creative Pty Ltd of these terms and conditions.
11.5 – C3 may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
11.6 – C3 reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which C3 notifies the Client of such change.
11.7 – Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
11.8 – The failure by C3 to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect C3’s right to subsequently enforce that provision.
11.9 - All prices quoted are valid for 30 days only from the date of written quotation.
11.10 - If the client has made no contact with the C3 office for a period of more than 1 month after the project and or any design work has commenced, Roundhouse Creative Pty Ltd reserves the right to reqoute the entire project.
- SEO services are at the Customer’s own risk.
The Customer acknowledges that C3 makes no warranty that a search engine optimization will lead to or improve any increase in sales, profits or any other form of improvement for the Customer’s business or any other purposes.
To the fullest extent permissible by law, C3 shall not be liable to the Customer for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including but not limited to damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising whether arising from the negligence of C3 or otherwise
Where liability cannot be legally excluded, the liability of C3 shall be limited to the cost of supplying the service again.
The Customer agrees to indemnify C3 for any third party claim for damages arising out of or in any way connected with the supply of services to the Customer, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including but not limited to damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising whether arising from the negligence of C3 or otherwise
The Customer expressly agree to indemnify and hold harmless Roundhouse Creative Pty Ltd, its subsidiaries, affiliates, officers, agents and other partners and its and their respective employees from and against all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys fees and disbursements and court costs) arising from or in connection with the Customer’s information, the Customer’s use of Roundhouse Creative Pty Ltd search engine optimization services.
C3 does not refund any money received from clients for any past SEO work that they have been asked to carry out. All monies received by C3 for any SEO work will not be refunded at any stage even if the client cancels the SEO service.
- Client Responsibilities and Obligations:
You must follow all instructions provided by C3 and provide to C3, in a timely manner, all information and materials requested by C3.
C3 will request feedback and changes at certain stages of undertaking the process of designing and developing your website or application. These changes and amends must be sent to C3 in a timely manner.
As soon as the project is completed, any further work or changes will result in you incurring additional costs, unless otherwise specified.
- Project Timelines:
C3 will provide you with an estimate of when the project will be completed.
This time frame is an estimation only.
You must make every effort to follow the instructions provided by C3 and provide the required information to C3 in order to facilitate delivery times and correct specifications.
Delays in providing the required information to C3 may result in delays in product delivery.
C3 will make all reasonable efforts to provide the product by the estimated date but do not accept liability for any costs incurred, loss or damage (including consequential loss or damage) compensation or loss of earnings due to any failure to meet agreed deadlines.
If you require C3 to make changes to your website, brochure, package design, photo, video, logo or any other service provided, after it is handed over to you, you will be required to pay for this work at an agreed quoted fee. All work must be paid for upfront.
- Content + Design Restrictions
C3 includes a "fair" and "reasonable" set number of rounds of changes (3 rounds) during its website or design conception. Any extra changes required by you may incur additional.
Changes must be submitted in one email and one email of changes (within the scope of the project) is considered one round of changes. Unless agreed to at the beginning of the project.
Please ensure that you limit your changes to comply with the agreed specifications. Failure to do this may result in you incurring additional costs.
C3 may include a link to its own website at the footer of your website and, where such link is so included, you must not take any steps to remove this link.
All prices quoted are valid for 30 days only from the date of written quotation.
- Suspension of Services:
C3 reserves the right to suspend/cancel any or all services provided to you, if:–
You have any outstanding invoices or accounts;
Your account is in dispute or the subject of a dispute resolution procedure, court order, judgment, finding or determination;
You fail to comply with any provision of these terms and conditions or any other policy, directive or requirement notified to you by C3.
If you have not paid for the hosting of your website (which C3 has paid for on your behalf) C3 reserves the right to terminate your hosting. Hosting will only resume once invoices have been paid. If the customer’s website has been terminated due to cancellation of hosting, Roundhouse Creative Pty Ltd can reinstall the website at a fair cost- providing the client has a backup of the website.
- Refund Policy on Website
Once we have commenced work on your project no refund is available on the deposit paid for your project.
- Contacting Us