WEBSITE
Terms and Conditions
1. Definitions
“Agreement” refers to the contractual arrangement governed by these Terms and Conditions. “Associated Documents” includes any documents prepared by Trendee Branding that contain terms related to the relationship between Trendee Branding and its Customer.
“Customer” is the individual engaging Trendee Branding’s services as outlined in the Agreement, along with any additional individuals deemed as Customers based on these Terms and Conditions. “Period” denotes the duration specified in the Customer proposal for the Agreement. “PPC Services” stands for pay per click services, encompassing platforms like Google Adwords, Facebook, and Bing, which Trendee Branding may manage for the Customer under the PPC Terms.
“Trendee Branding” refers to TRENDEEBRANDING.COM, TRENDEE BRANDING Pty Ltd., and any related enties or companies operating under the TRENDEE BRANDING brand.
“Services” encompass all services described in these Terms and Conditions, the Customer Proposal, Schedule to Customer Proposal, and Associated Documents that Trendee Branding provides to the Customer. “Service Fee” signifies the specified rate, price, or lump sum for each Service item’s performance, adjusted according to the Agreement. “Terms and Conditions” signifies the stipulations outlined in the Agreement under section 2.2.
“Website” denotes the Customer’s specific website(s) or web page(s) subject to the Services.
2. Agreement
2.1 The Customer acknowledges acceptance of the Terms and Conditions through various means:
2.1.1 By providing written acceptance through execution of the TRENDEE BRANDING Terms and Conditions or other written communication.
2.1.2 By placing an order with TRENDEE BRANDING or instructing them to provide Services after receiving TRENDEE BRANDING’s Terms and Conditions or upon being informed of these terms on TRENDEE BRANDING’s website via the Customer Proposal or other means.
2.2 The Terms and Conditions comprise the combined terms in the TRENDEE BRANDING Terms and Conditions, along with the Customer proposal, Schedule to Customer Proposal, and Associated Documents, if any. In case of any conflict between TRENDEE BRANDING’s Terms and Conditions and other contractual documents from TRENDEE BRANDING, the latter documentation prevails in the following order of priority:
2.2.1 Service Agreement, if applicable;
2.2.2 Customer Proposal;
2.2.3 TRENDEE BRANDING’s Terms and Conditions.
2.2.4 Associated Documents. 2.3 In cases involving PPC Services provided by Trendee Branding, the PPC Terms take precedence over the documents mentioned in subclause 2.2.
2A. Warranties by Customer
2A.1 If the Customer isn’t the registered owner of the Website’s domain name, they warrant authorization
to contract on behalf of the owner. Both the Customer and the owner are jointly and severally liable for
Customer obligations under the Terms and Conditions.
2A.2 The Customer warrants providing all necessary information to enable Trendee Branding to perform its
work, including details of parties with website access for modifications.
2B. Customer's Responsibilities
2B.1 The Customer must:
2B.1.1 Disclose to Trendee Branding all relevant information in their possession for Service provision.
2B.1.2 Comply with legal requirements and regulations of statutory authorities pertaining to the Services.
2B.1.3 Grant Trendee Branding access to the Website and assist with necessary changes to facilitate Service
provision.
2B.1.4 Provide required materials to complete Services promptly.
2B.1.5 Notify Trendee Branding in writing about any proposed changes to legal entity, management, etc., in
advance.
3. Performance Levels
3.1 The Customer acknowledges that:
3.1.1 Trendee Branding cannot guarantee improved rankings on Australian search engines.
3.1.2 Trendee Branding cannot ensure increased traffic to Customer websites.
3.1.3 Trendee Branding doesn’t warrant that Services will generate business improvements.
3.2 Using Trendee Branding’s Services is at the Customer’s own risk.
3.3 Trendee Branding will ensure proper functionality of development/design sites on specific browsers,
but no guarantees apply for all browsers.
4. Exclusion of Liability of Marketing Lab
4.1 Trendee Branding is not liable to the Customer for damages, including direct/indirect damages, unless prohibited by law. Liability, if valid, is limited to the cost of re-supplying Services.
4.2 The Customer indemnifies Trendee Branding against damages, costs, and claims arising from Service provision, including third-party claims.
4.3 The exclusions and indemnities in clauses 4.1 and 4.2 apply to various instances, including but not limited to:
4.3.1 Malfunctioning of the Website;
4.3.2 Copyright infringements and other intellectual property infringements caused by Customer-submitted materials;
4.3.3 Failure to meet agreed deadlines;
4.3.4 URLs dropped or excluded by search engines;
4.3.5 Acts beyond Trendee Branding’s control (e.g., acts of God, disasters);
4.3.6 Failure of URLs to achieve specific positions in search engines;
4.3.7 Inaccuracies in third-party materials from the Services;
4.3.8 Data loss due to various reasons;
4.3.9 Functioning of software created by Trendee Branding;
4.3.10 Unavailability or malfunction of services;
4.3.11 Changes made by Trendee Branding to the Customer’s website.
4.4 Trendee Branding can refuse offensive, illegal, or controversial material and terminate hosting services as needed.
5. Fees and Payments
5.1 Upon accepting the Terms and Conditions, the Customer must pay the total amount upfront for Trendee Branding’s Services. Monthly payments may be accepted as an alternative, subject to Trendee Branding’s discretion.
5.2 Additional work due to Customer-requested changes may result in extra charges.
5.3 All rendered services by Trendee Branding will be invoiced, with a 14-day payment period.
5.4 Interest accrues for unpaid invoices, and the Customer indemnifies Trendee Branding for default-
related costs.
5.5 Trendee Branding can suspend Services for non-payment.
5.6 Refunds are not available for Trendee Branding’s Services.
5.7 If the Customer disputes an invoice, they must notify Trendee Branding within 7 days and pay undisputed amounts as per trading terms.
6. Termination
6.1 Both parties can terminate the Agreement at the end of the Period by providing written notice 90 days prior. If no notice is given, the Agreement may continue unless mutually agreed.
6.2 Trendee Branding can vary the Agreement terms with 14 days’ notice. The Customer can terminate if they disagree within 14 days.
6.3 Trendee Branding can terminate for specified reasons, requiring the Customer to pay outstanding amounts.
7. Trendee Branding's Rights
7.1 Trendee Branding’s remedies under these Terms and Conditions are additional, not substitutes for legal remedies.
7.2 Upon unlawful termination, Trendee Branding can remove data placed on the Website.
7.3 Scripts and software created by Trendee Branding remain their copyright.
8. Privacy
8.1 The Customer’s personal data may be used by Trendee Branding for service provision, marketing, and payment processing.
9. Confidentiality
9.1 Both parties agree to keep Confidential Information received under the Agreement confidential, with exceptions.
10. Miscellaneous
10.1 The Terms and Conditions are governed by the laws of the State of Victoria.
10.2 Invalid provisions don’t affect the rest of the Terms and Conditions.
10.3 Trendee Branding can assign rights with notice, while the Customer requires written consent from Trendee Branding.
PPC TERMS
1. A minimum three-month term applies for PPC Services.
2. Fees are detailed in the Customer Proposal, payable in advance.
3. Trendee Branding will set up and manage the Customer’s Adwords account.
4. Payment options include credit card provision or direct debit for fees and Google click costs.
5. Termination requires one month’s written notice after the initial three-month term.