Terms and Conditions
The information contained in this website is provided to client recipients (“you”) on the following terms and conditions:
These terms and conditions not only relate to this website but also extend to any future projects or orders we undertake for you. If our standard terms & conditions change, in the future we will advise you accordingly.
This website is made available to you for presenting strategies to provide you with services and delivery of marketing and/or eBusiness solutions and remains the intellectual property of Liberty Marketing.
Liberty Marketing and their respective directors, officers, employees, agents and consultants shall have no liability including to any person by reason of negligence or negligent misstatement for statements, opinions, information or matters (express or implied) arising out of, contained in or derived from or for any omissions related to this website and/or the strategies delivered here under, except where liability under statute cannot be excluded.
This website may contain projections based on certain intentions, expectations and plans for you. Those intentions, expectations and plans may not be achieved. They are based on certain assumptions which may not be met or on which views may differ. The performance of this website as described herein may be influenced by factors many of which are outside the control of Liberty Marketing. No representation or warranty, express or implied, is made by Liberty Marketing or any of its representatives, directors, officers, employees, agents and consultants that any intentions, expectations, plans, or projections will be achieved either totally or partially.
This website is copyright protected and you will not copy, distribute or disclose it, in whole or in part, to others at any time without the prior written consent of Liberty Marketing. The strategies and information contained in this website is the sole propriety of Liberty Marketing.
Your acceptance of our quote/s creates a legally binding agreement between us to deliver the requested works to you subject to your orders/briefs at the price and on the terms quoted.
Any changes to your orders/briefs may result in time and fee changes, which we will notify to you upon request.
Any intellectual property created as a consequence of your orders will become your property upon full and final payment, such as logos, slogans, text, business and marketing plans, copywriting.
Liberty Marketing retains any and all rights in any Retained IP that is delivered in conjunction with your orders, including but not limited to the source code of the Technology.
We agree to:
Deliver your orders as instructed by you in a timely manner;
Fix any errors or omissions in any of the works that we provide to you;
Respect the confidential nature of your sensitive business information and data;
Keep you informed of the status of the project.
You agree to:
Provide timely instructions, content and feedback when requested in order to complete your orders;
Pay deposits within 48 hours of signing a quotation/order;
Pay invoices within 14 days;
Pay the balance of each item of your orders as they are delivered to you on our staging server, in person, in print or in any other agreed format/media;
Provide us with adequate releases of all works delivered and accepted by you;
Permit us to promote the fact that you are one of our clients and that we have delivered the relevant services to you, including the following hyperlinked credit at the bottom of any online work: “Liberty Marketing.”
Clients use of the Host Server is subject to the Host Server:
Acceptable Use Policy;
as contained on the website www.libertymarketing.com.au (in addition to the terms contained herein).
There are no warranties or guarantees, expressed or implied, made by Liberty Marketing to you with respect to this website or your orders as expressly set forth herein and neither we nor Liberty Marketing will make any warranties or guarantees to you except as expressly agreed in writing by Liberty Marketing.
Liberty Marketing will not be liable to you on account of any alleged warranty, express or implied, except to the extent and in the manner set forth herein.
Nothing contained herein will be taken to exclude restrict or modify or to purport to exclude restrict or modify the application of any provisions contained in Part V Division 2 of the Trade Practices Act 1974 or any other consumer protection legislation, the exercise of any of the rights conferred by any such provision or the liability of Liberty Marketing for breach of any warranty or condition implied by such provision. However, if Liberty Marketing breaches any such warranty or condition, its liability for breach will be limited (where permissible by the Trade Practices Act and any other relevant consumer protection legislation) to:
in the case of the supply of goods: the replacement of the goods or the supply of equivalent goods, or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired whichever Liberty Marketing sees fit to provide; and in the case of the provision of services: the supplying of the services again, or the payment of the cost of having the services supplied again whichever Liberty Marketing sees fit to provide.
The following terms are defined as follows:
Any applications provided by us or our contractors to you under an application service provider (“ASP”) delivery model.
“Retained IP” means
Any intellectual property that, in isolation, is either previously existing, previously developed by us or our contractors, generic in nature, licensed to us or our contractors for reuse or freely available in the public domain, including reusable code, scripts, libraries, stock art, etc; and
Any deliverables, including draft designs, logos, works that are not accepted or paid for by Client.