Terms and Conditions

The following policies provide additional terms and conditions related to your Creative Central account. In addition to these terms and conditions you must also comply with our Privacy Policy.

All Creative Central products and services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, Creative Central Products and Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use these products or services.

Acceptance of these Terms and Conditions

The customer signifies acceptance of these terms and conditions as well as our Privacy Policy and our disclaimer when Creative Central accepts the customer’s order for Services. The Customer acknowledges that they are aware of the contents of and agrees to be bound by these terms.

Creative Central has the right to revise these Terms and Conditions at any time without providing notice to its users. Your continued use of Creative Central Products and Services and/or your Account shall be deemed irrevocable acceptance of those revisions.

Commencement of the Agreement

This agreement commences on the date Creative Central accepts the customer’s order for Services. No Contract shall come into existence until the Customer’s order has been accepted by Creative Central and a deposit or up front payment is paid by the customer. The contract shall be deemed concluded at the time and place when the final service is completed and accepted by the Customer.

Domain Names

Creative Central resells domain names through several auDA accredited registrars. Domain names ordered and paid for through this website (www.Creative Central.com.au), are registered with VentraIP Wholesale.

Creative Central does not warrant or guarantee that the domain name applied for will be registered in the customer’s name or is capable of being registered by the customer.

The registration, transfer and/or renewal of a domain name and it’s ongoing use is subject to VentraIP Terms and Conditions. The customer is responsible for ensuring that they are aware of these terms and conditions and that they comply with them. The customer irrevocably waives any claims they may have against Creative Central in respect of the decision of the registrar to refuse to register a domain name and, without limitation, agree that the administration charge paid by the customer to Creative Central shall be non-refundable in any event.

Creative Central accepts no responsibility in respect of the use of a domain name by the customer. Any dispute between the customer and any other individual or organisation regarding a domain name must be resolved between the parties concerned. Creative Central reserves the right, on becoming aware of such a dispute, to either suspend or cancel the account, and/or to make appropriate representations to the relevant authority.

Web-hosting services

The ordering of web-hosting services through this website and the ongoing use of web hosting services, are also subject to the Creative Central Web Hosting Terms and Conditions and the customer is responsible for ensuring that they are aware of those terms and that they comply with them.

Creative Central accepts no responsibility in respect of the use of a web-hosting service by the customer. Any dispute between the customer and any other individual or organisation regarding a website hosted on the customer’s web-hosting account must be resolved between the parties concerned. Creative Central reserves the right, on becoming aware of such a dispute, to either suspend or cancel the account, and/or to make appropriate representations to the relevant authority.

Web-Design services

In addition to these General Terms and Conditions you must also comply with our Web-design Terms and Conditions before contracting Creative Central to design and build a website. Creative Central will provide a copy of those terms for the customer to sign and return upon commencement of a Web-design project.

Customers warranties, liabilities and undertakings

The customer agrees to indemnify and keep indemnified and hold Creative Central harmless from and against any claim brought against us by a third party resulting from the provision of services by Creative Central to the customer and/or the customer’s use of services on-sold to the customer whereby Creative Central acts as a reseller, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by Creative Central in consequence of the customer’s breach or non-observance of these terms.

The customer warrants that they will keep secure any passwords used with the services provided by Creative Central.

The customer further warrants that at the time of entering into this agreement they are not relying on any representation made by Creative Central which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced.

The customer agrees that they are solely responsible for dealing with persons who access their service accounts and that they will not refer complaints or inquiries in relation to such access to us.

Technical Support

We guarantee the design project will be free from visible errors that may affect the layout, design, or function of your website.

Technical support is free for only 30 days after project completion. Free technical support is only valid for errors in the design that were caused by us. We agree to correct our own design errors within 30 days after the design has been uploaded to your website. Free support is not applicable for errors caused by you, whether accidentally or intentionally. Free support applies only to errors and does not include work for additional designs, design changes, coding development changes or website maintenance.

Warranties and Liabilities

Creative Central accept liability for the supply of the Services to the extent provided in this agreement.

Creative Central does not warrant that:

  • the Services provided under this agreement will be uninterrupted or error free;
  • the Services will meet the customers requirements, other than as expressly set out in this agreement; or
  • Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of Creative Central.

Except as expressly provided to the contrary in this agreement, Creative Central excludes all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.

Creative Central gives no express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement. No oral or written information or advice given by Creative Central, our resellers, agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties hereby given, and the customer may not rely on any such information or advice.

Creative Central’ total aggregate liability to the customer for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services will be limited to the charges paid by the customer in respect of the services which are the subject of any such claim and provided that the customer notifies Creative Central of any such claim within one year of it arising.

In no event will Creative Central be liable to the customer for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement, where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon the customer pursuant to the Act, Creative Central’ sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which the customer may sustain or incur, shall be limited (except as otherwise specified in this agreement) to:

  • the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
  • the repair of the goods or payment of the cost of having the goods repaired;
  • the supplying of the Services again; or
  • the payment of the cost of having the Services supplied again.

Creative Central specifically exclude any warranty as to the accuracy or quality of information received by any person via the customer’s service product account and in no event will Creative Central be liable for any loss or damage to any data stored on the customer’s account. The customer is responsible for maintaining insurance cover in respect of any loss or damage to their data stored on our servers.

Limitation of Liability

In no event will we be liable for any incidental or consequential damages, including, without limitation, loss of use, loss of data, loss of profit, liability to third parties, however caused, whether by our negligence or other-wise. In no event will we be liable to you or any third party for any damages or economic loss, due to technical or security problems that may occur with your host, server or website. Additionally, we are not liable for any technical or security problems that may occur on your host, server or website, as we cannot control how you choose to manage your own accounts and security.

It is your responsibility to manage your own accounts and security for your host, server and website. It is also your responsibility to manage your own email accounts, ftp files, database, plugins, memory and CPU usage. In addition, it is your responsibility to save and store a backup of all images, content and designs. It is not our responsibility to fix issues that you may have with your website or hosting account and it is not our responsibility to save the existing design or image elements for you. Additionally, we are not responsible for any lost website content that may occur anytime before, during or after the design is uploaded to your website.

Portfolio

You expressly grant to us your permission to display all finished blog designs, website designs, ecommerce designs, images, illustrations, design elements, logos and graphics in our blog and online portfolio as an example of our previous work.

Stock Photos

If you would like to include a specific stock image in your design, you must purchase the image yourself and follow the specific commercial-use license rules for each image or stock website.

In most cases, stock images cannot be used for official logos or for print work unless an extended license is purchased for the image or permission has been granted by the owner. We are not responsible for any problems or concerns that may arise if you fail to acknowledge and follow the extended license rules and requirements for the image or logo.

Fonts

For commercial logo designs and all website and blog projects, we will only use open source or commercial use fonts. When using commercial fonts, June Lily needs to hold the license in order to use the font legally in your project. As a result, if you choose to use a commercial font instead of an open source font, we will need to charge the full price of the font in order to purchase the font’s commercial use license. If you would like the font for your own use, you will need to purchase it separately as we cannot transfer the font or share the license with you.

After the license is purchased, we can display your project’s commercial fonts online within design images. To embed the commercial font into your website or blog by @font-face, the font terms need to specify that web embedding is allowed. Web embedding may incur additional fees when purchasing the commercial use license, per the terms of the font.

 

Suspension, Termination of Service

Creative Central may suspend or terminate the customer’s account if they breach any of these terms and conditions, or if they become insolvent or they are declared bankrupt.

From time to time Creative Central may have to pause or disconnect the service without notice or deny the customer’s access to the Service during any technical failure, modification or maintenance involved in the Service. Creative Central will use reasonable endeavours to procure the resumption of the services as soon as reasonably practicable. In these circumstances the customer will remain liable for all charges due throughout the period of suspension.

If an account has been suspended or terminated due to the customer’s breach of these Terms and Conditions, reactivation of the account will be completely at the discretion of Creative Central. If Creative Central agree to reactivate the customer’s account, payment in full of all outstanding amounts and payment of a reactivation fee will be required by the customer.

If the customer should wish to terminate an account with Creative Central for any reason they may do so by providing 30 days notice in writing. All fees and charges paid to Creative Central by the customer for any products, service or Domain Name registration are non-refundable.

If Creative Central should decide to terminate a customer’s account for reasons other than a breach of these conditions, Creative Central can do so by providing the customer 30 days written notice. In this circumstance, Creative Central will refund any remaining unused credit on the account. Creative Central shall have no liability to you or any third party because of such termination or action.

No refunds will be given (including payment of yearly contracts) if the account has been terminated due to a breach of these Terms and Conditions.

Fees, charges, payments and Refund Policy

All charges payable by the customer to Creative Central for the Services will be in accordance with the relevant scale of charges and rates published from time to time by on the Creative Central website and will be due and payable each month, in advance of service use. The customer’s account will only be created and setup for use once the first monthly payment has been received in full by Creative Central.

Upon ordering a service through the Creative Central website and accepting these General Terms and Conditions, the customer will be charged for the first month’s service in advance. The billing cycle begins from the date they register, even if the Service provided by Creative Central does not become fully operational at that time. By accepting these Terms and Conditions the customer acknowledges that they will be direct debited four (4) weekly from the nominated credit card, from the original date of sign-up, until the account is terminated as per the ‘Suspension, Termination of Service’ section of these Terms and Conditions.

It is the customer’s responsibility to ensure there are sufficient funds available on the credit card being debited. If Creative Central tries to process a payment and is unsuccessful for any reason, the customer will be informed via Email and Creative Central will attempt to re-debit the account seven (7) days later. Should the debit be unsuccessful in the second attempt and no alternative payment method is agreed to between Creative Central and the customer, Creative Central will suspend the account until payment for the next billing month is received. Suspended accounts will be charged an additional fee of $5.50 to be reactivated. Accounts which have been suspended for a period of three (3) months or more may be terminated by Creative Central. Terminated accounts will be completely removed from our servers, with all associated customer data deleted. The customer acknowledges that Creative Central will not be held liable for any loss on behalf of the customer due to a terminated account. Reactivation of a customer’s account after termination has occurred is subject to the General Terms and Conditions and fees associated with all new accounts.

All prices quoted on the Creative Central website are in Australian Dollars (AUD) and include government taxes (GST) unless otherwise noted. All charges paid for Creative Central products and services are non-refundable.

The provision of services is contingent upon Creative Central receiving payment in full from the customer in respect of the Services provided. Without prejudice to other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, Creative Central reserves the right, to suspend the provision of all Services provided to the customer.

If a customer’s account is closed for any reason, the customer must pay all outstanding charges immediately. Failure to pay all outstanding charges may result in the account being passed to a third party collection agency. If a customer’s outstanding account is passed onto a third party collection agency the customer will be charged the full outstanding amount of the Creative Central accounts plus any fees, charges and/or commissions associated with the costs of the collections agency.

Archiving and backup your data

While Creative Central will archive the customer’s data on a regular basis for the purposes of disaster recovery, these backups may or may not be current and Creative Central will not be liable for incomplete, out-of-date, corrupt or otherwise deficient data recovered from the backups.

Assignment

The customer may transfer this agreement provided that they give Creative Central notice in the form required (setting out the details of the assignee) accompanied by payment of any transfer fee specified by Creative Central. No other method of transfer by the customer is permitted.

Entire Agreement

These terms and conditions constitute the entire agreement between Creative Central and the customer. It supersedes all prior agreements, understandings and representations whether oral or written.

Governing Law

These terms and conditions are governed by the laws in force in New South Wales. Both parties agree to submit to the exclusive jurisdiction of the Courts of that State.

Notifications & Communications

By entering into this agreement the customer agrees to receive other email communications of a marketing and promotional nature from Creative Central or Creative Central partners unless the customer chooses to opt out of the Creative Central mailing list. Any communications deemed to be an essential part of the Creative Central service to the customer (E.G. Billing statements or renewal notices) will still be sent regardless of whether the customer has chosen to opt out of the Creative Central mailing list.

Links to Third-Party Web Sites

This website may contain links to non-Creative Central websites. These links are provided to you as a convenience, and Creative Central is not responsible for the content of any linked website. Any non-Creative Central web site accessed from this website is independent from Creative Central, and Creative Central has no control over the content of that website. In addition, a link to any non-Creative Central web site does not imply that Creative Central endorses or accepts any responsibility for the content or use of such web site.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Creative Central of that third party or of any product or service provided by a third party.