UPDATED: 19/07/18
REVIEW: 26/05/20 – 6/06/20
AMENDMENTS:
ADDITION TO INVOICES

SECTION 1 – TERMS OF SERVICE
By accessing Pacey Designs you are hereby agreeing to the Terms of Service stated below.

SECTION 2 – PACEY DESIGNS
Pacey Designs provides many services that are completed via contracts depending on the work needing
to be completed.
While Pacey Designs creates high quality work for customers we require our customers to abide by these
Terms.

SECTION 2a. – ACCEPTANCE
While a Client may have not signed an acceptance of these terms and conditions, they are assumed to
agree to the policies. If a Client accepts a quote, then the Client deems themselves to be satisfied with
abiding by these terms and conditions in full. This also applies to approvals.
This document is protected under Pacey Designs copyright

SECTION 2c. – TURNAROUND & CONTENT CONTROL
Pacey Designs will install and publicly post or supply the clients website by the date specified in the
project proposal or at an agreed date by the Client and Pacey Designs. In return, the client agrees to
delegate an individual of their choice as a secondary contact.
During the completion of the project Pacey Designs will require the Client to provide the content of their
website, images, text, movies and or sound files.

SECTION 2d. – FAILURE TO PROVIDE CONTENT REQUIRED
Pacey Designs as a small business must ensure that the work we have organised is carried out in a timely
manner however on occasions we may need to reject work due to timeframes that we may not be able to
complete your task in such a time frame.

SECTION 2e. – PAYMENT
Invoices will be provided by Pacey Designs upon completion and at the beginning of the build. Invoices
are normally sent via email however the Client may opt-in for paper billing with an additional charge of
$2.20. Invoices are due by the date specified on the invoice. Accounts that remain unpaid for 30 days
after the date of the invoice will be notified and possibly suspended.

SECTION 2f. – ADDITIONAL EXPENSES
The Client agrees to reimburse Pacey Designs for any additional expenses necessary for completion of
the work. Examples would be purchase of special fonts, photography etc.

SECTION 2g. – WEB BROWSERS
Pacey Designs makes every effort to ensure websites are designed to be viewed by most visitors.
Websites are designed to work with most popular browsers such as Google’s Chrome, Safari, Internet
Explorer & Firefox, however we cannot guarantee that the correct functionality of your website across all
browsers.

SECTION 2h. – TERMINATION
Termination of services by the Client must be requested in a written notice and will be effective on the
receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until
and unless it is confirmed in writing.

SECTION 2i – DESIGN CREDIT
A simple link to Pacey Designs will appear at the bottom of your website. If a graphic is used however it
will be designed to fit the site. If the Client requests to not have a design graphic or a link, then they must
pay a total of $35 to have it removed. The client may also be featured in the Pacey Designs portfolio.
This document is protected under Pacey Designs copyright

SECTION 2j – ACCESS REQUIREMENTS
If the client would like to have their website on another server then we must be granted temporary
read/write access via FTP to the Clients storage directories.

SECTION 2k – DOMAIN NAMES
Pacey Designs may purchase domain names on behalf of the Client however payments and renewals are
solely on the responsibility of the client. The loss, cancellation or otherwise of the domain name brought
about by overdue payments is not responsibility of Pacey Designs. The Clients should keep a record of
the due dates for the payment to ensure that payment is received in due time.

SECTION 2l – GENERAL REPRESENTATION OF THIS POLICY AND GOVERNING POLICES
These Terms and Conditions as well as the Privacy Policy supersede all previous representations,
understandings and or agreements. The client once signed below, or payment of an advance fee
constitutes agreement and acceptance to all Policies within Pacey Designs Structures.

SECTION 2m – GOVERNING LAW
This agreement is governed under the Commonwealth of Australia and by Australia Law.

SECTION 2n – LIABILITY
Pacey Designs hereby excludes itself and its Employees from all and any liability from;
– Loss or damage caused by any inaccuracy;
– Loss or damage caused by omission;
– Loss or damage caused by error or delay, whether the result is because of negligence or any
other cause in the production of a website
– Loss or damage to photos and videos supplied for the site.
The entire liability of Pacey Designs to the Clientele in respect of any claim whatsoever or breach of this
Agreement, whether arising out of negligence, shall be limited to charges paid for the Services under this
Agreement in respect of which the breach has arisen.

SECTION 2o – SEVERABILITY
If one or more of the provisions within this agreement shall be held to be invalid, illegal or unenforceable,
the remaining provisions of this Agreement shall not be unimpaired, and the entirety of this document
shall not be held to be void. Such invalidity or unenforceable provision shall be replaced by a mutually
accepted valid, legal and enforceable provision, which comes closest to the intention of the parties
underlying the invalid.
This document is protected under Pacey Designs copyright

SECTION 2p – USES OF TEMPLATES
Pacey Designs may use templates to suite the customers’ needs for their operations. The use of a
template does not void this policy, any other governing policies or any contracts. You as the customer
will still be required to pay for services purchased from us.

SECTION 3 – PAYMENTS
Payments to Pacey Designs are either paid via Bank Transfer or via PayPal. Clients will be issued with Tax
Invoices with a 15-Day Pay Period.

SECTION 3a – REFUNDS
Under Australian Consumer Law, Pacey Designs doesn’t offer a refund based off change of mind. Pacey
Designs will only offer a refund for the following reasons;
– Your product is rendered unopenable
– Your product has major defects
– Your product is not described in Advertising
If your product is deemed to be housed under one of those options, then Pacey Designs will offer a full
refund.

SECTION 3b – CANCELLATIONS
Pacey Designs will issue cancellation fees based on case by case basis, however if you have not paid the
invoice or you have contractually agreed to work for us to complete then you will be required to pay a
total of $45 AUD to seek lost and operating costs.
If you are a hosting customer and you wish to cancel your service with us, you will only be charged for
how much you have used within the 30-day month.

SECTION 4 – INVOICES, QUOTES & YOUR RIGHTS
If you cannot pay for your product in full, Pacey Designs allows you the opportunity to pay in parts within
your due period. If you cannot pay in full by the due date, you must contact us (Pacey Designs) to
organize a payment plan.

SECTION 4a – LOCK IN CONTRACT
If you are purchasing services from Pacey Designs, you must first approve the quote that has been
completed for you. Only you (The Customer) can approve the document as the quote becomes a legally
binding document agreeing to the Terms & Services & any contractual terms outlined in this document or
any other document. If you do not approve the quote, we as a company cannot move forward. If you fail
to abide by this section, or anything other section of the policy, all work completed by us will be rolled
back to the original state and your contract as well as any services that is in progress by Pacey Designs will
be halted until which time you approve the quote, or you sign the appropriate contract for your services from us.
This is not only protection for us as a business but you as our customer.
This document is protected under Pacey Designs copyright

SECTION 4b – AUTO SIGNING OF CONTRACTS
If you are purchasing any design or hosting products from us, you must sign a contract. By approving the
quote that has been written for you, you are auto-signing your contract verifying that you agree to the
contract and the Terms & Conditions regardless if you have read it or not.