Terms and Conditions | Business

Please note: All regular Terms and Conditions of Clear Concept Designs still apply in conjunction with the Business Account Terms and Conditions.
  1. Account Information
    1. $60 business account fee is a set, annual amount, subject to change at our discretion
    2. All information provided to Clear Concept Designs is strictly for building our database and providing a better and more efficient service for our customers
    3. No credit card or confidential information will ever be stored online or for access by the public
    4. An ABN number is essential to verify business/personal contact. If you dont already have one you can register online at: http://www.business.gov.au to apply for one
    5. Business name must match the registered name for ABN number
    6. Optional email newsletter with updates on our latest products, specials and offers is available with check box on form. Opt-out option available at any time
    7. Complimentary 20% discount applies only to new account holders and not account renewals, subject to change at our discretion
    8. Occasionally products not available to individuals will be sold via the business account section online. These products will be sold at a set price and not always included in any discount offers and calculations (eg. sales, future discounted orders etc.)
    9. All enquiries and support are available at any time via email: support@clear-concept.com
  2. Business Prices/Stock
    1. Please see Business Stock Items sheet for business prices
    2. Velcro is available off the roll in 0.5m increments
    3. Strapping is available off the roll in 1m increments
    4. Reflective sheets are available in 46x46cm and 23x46cm sheets
  3. Purchases
    1. A conformation invoice will be sent out via email (and via post if requested) and must be paid for before products are packaged and sent out
    2. The 10 day delivery period applies once full payment has been received
    3. Postage and handling is calculated for each order and may vary depending on products and amounts purchased and is excluded from all discount calculations
    4. A progress sheet for the year will be sent out with each order with details on previous purchases including discount history with upcoming and past purchase amounts and the relative discounts (also available on request and via online account)
  4. Online
    1. Access to account pages can be found at: http://clear-concept.com Only valid once first order has been finalised
    2. Your personalised account page will be updated following each purchase and various steps in the transaction process
    3. Unique online key will give you access to your account detail history and purchases
    4. Your account page will include past and future discount and spend amounts, balances owing and their dates and copies of past invoices for reference
    5. Online order forms will be available for download at http://clear-concept.com
  5. Discount Offer
    1. Discount applies to next Business Account order only (unless using top-up option)
    2. Top up purchases of up to $100 can be made without using your discount from the previous order. Your discount will then be carried through to your next order (tick box on order form must be used)
    3. The discount can only be used by the business for which it was given, not individuals or other businesses (registered or not registered with Clear Concept Designs)
    4. The discount for your future order will be calculated from your current order Net Total (ie. will be calculated after any pending discounts have been applied). Postage and Handling is not included in the net total.

      Discount rates

      Less than $250 Spend = Next order will be charged with prices at normal business rates
      $250 - $500 Spend = 5% Discount on next purchase (Maximum $25 discount on next purchase)
      $500 - $750 Spend = 10% Discount on next purchase (Maximum $75 discount on next purchase)
      $750 - $1000 Spend = 15% Discount on next purchase (Maximum $150 discount on next purchase)
      Greater than $1000 Spend = 20% Discount on next purchase
7th August 2009

Terms and Conditions | Individual Sales

Your use of this site is conditional upon your acceptance and compliance with these terms and conditions contained in this document and any other notices accepted by you on this site. By entering this website, you agree to be bound by these site terms and conditions.
  1. Access to the Site
    1. Clear Concept Designs does not warrant that access to this site will be uninterrupted, or that the services offered on the site will be error-free.
    2. We reserve the right to change or discontinue any feature on this Site, hours of availability and equipment or software required for access.
    3. The materials displayed on this website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks, are the property of Clear Concept Designs and are protected by copyright, trade mark and other intellectual property laws.
    4. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of Clear Concept Designs.
  2. Links
    1. You acknowledge that the inclusion of links in this website are not intended as an endorsement or recommendation of the linked site or the content of such sites, and Clear Concept Designs accepts no liability for loss of any kind arising from the information on any linked site.
    2. You should read carefully the privacy policy and terms and conditions that appear on any site linked to the Clear Concept Designs website as Clear Concept Designs is not responsible for any practices on linked sites.
  3. Liability
    1. To the fullest extent permitted by law, Clear Concept Designs disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by you using this site, or relying on anything contained in or omitted from this site.

  4. Products
    1. Reflective sheets are sold in 23cm x 46cm size only to individual customers
    2. Other size sheeting apply upon purchase of a Clear Concept Designs business account
    3. All Strapping is sold in 1m sections, not off the roll
    4. All Velcro is sold in 0.5m sections, not off the roll
    5. Off the roll orders are only available with a Clear Concept Designs business account
    6. All items may be subject to availability if we receive a high demand for certain products, however Clear Concept Designs will do its best to keep the site updated and all availability information accurate
    7. Bulk discounts may apply, please contact us directly: sales@clear-concept.com to arrange your specific order^ (^this may only apply to orders over 20 items in one purchase)
    8. Prices subject to change at our discretion and without notification

  5. Payment
    1. Paypal is a trusted and secure online payment facility. For more information and peace of mind please view their privacy policy (and other related links) here: www.paypal.com
    2. Our BSB and Account number is available on request for Direct Debit transactions
    3. Cheques* and Money Orders* are also suitable payment methods (*Normal fees and charges may apply through the post office). Money orders can be obtained at your local Post Office and we request that all cheques be sent by registered post

  6. Postage/Insurance
    1. All items will be sent by registered post, including insurance
    2. All items will be sent in secure, tamper-sealed packaging and in bubble-wrap for protection where applicable

  7. Delivery
    1. Delivery will occur within 10 days of Clear Concept Designs receiving full payment for the items. If for any reason Clear Concept Designs are unable to make deliveries within this timeframe, information will be posted directly up on the website or to the customer
    2. Electronic items (and some other items) may be subject to a longer delivery period depending on our shipments and product demand. Notification on time frames will be readily available on the site when ordering.
    3. Any enquiries can be made in regards to delivery before or after ordering via: enquiries@clear-concept.com

  8. Exchange/Refunds
    1. We quality check all our products for any signs of damage to deliver the highest quality product to our customers
    2. Any exchange may be made at the discretion of Clear Concept Designs and only if the product arrives in its original condition
    3. No exchanges for change of mind purchases or incorrect ordering by the individual
    4. No refunds are given once payment for items have been finalised

  9. Discounts, specials and offers
    1. Price lists; catalogues and online pricing are intended for distribution of general information and are not quotations or offers to sell on the part of the business
    2. Any discounts, specials or offers advertised by Clear Concept Designs are not to be used in conjunction with any other discount, special or offer.
    3. Clear Concept Designs will price match for the same item sold commercially and not via bidding or with any type of discount (eg. Wholesale, store sales etc.) For price matching to occur, Clear Concept Designs must be provided with the business details to verify the same item at a cheaper price

  10. Quotations
    1. Written quotations are subject to change without notice and become void unless accepted by the purchaser within 10 days.
    2. Oral quotations are given for estimating purposes only and are not valid unless confirmed in writing by the Company.

  11. Privacy Information
    1. All credit card payments are covered under the Paypal privacy policy here: http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/ua/policy_privacy-outside
    2. Clear Concept Designs collects and uses Personal Information about you primarily to supply you with the products and services you order from it and its related companies.
    3. Clear Concept Designs also collects and uses Personal Information for related (or secondary) purposes including: billing and account management; business planning and product development; and to provide you with information about promotions, discounts, offers and specials if so desired

  12. Amendments to Terms and Conditions
    1. Clear Concept Designs may, without prior notice, amend or modify this disclaimer by posting the amended disclaimer to the Clear Concept Designs website.

  13. Questions, Feedback & Problems
    1. Clear Concept Designs welcomes any feedback you may have regarding our site or these terms and conditions. If you have any questions or queries, or if you have any suggestions or problems, please contact us via: enquiries@clear-concept.com

7th August 2009

Terms and Conditions | Website Design

By placing an order with Clear Concept Designs, you confirm that you are in agreement with and bound by the terms and conditions below.
  1. General:
    1. CCD will carry out work only where an agreement is provided either by email, telephone, mail or fax. An ‘order’ is deemed to be a written or verbal contract between CCD and the client, this includes telephone and email agreements.
    2. Written communications between us may take the form of letters, formal documents, faxes or emails.
    3. The client assumes all responsibility for the use and functionality of the web design project.
  2. Website Design:
    1. Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, CCD cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
    2. The website, graphics and design (specific to client brief) remain the property of CCD until all outstanding accounts are paid in full.
    3. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by CCD remain the copyright of CCD and may only be commercially reproduced or resold with the permission of CCD.
    4. CCD cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
    5. Any additions to the brief will be carried out at the discretion of CCD and where no charge is made by CCD for such additions, CCD accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
    6. The client agrees to make available as soon as is reasonably possible to CCD all materials required to complete the site to the agreed standard and within the set deadline.
    7. CCD will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
    8. CCD will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
    9. A deposit of at least 50% of the basic website package is required with any project before any design work will be carried out.
    10. During website development (build phase) website will be available as a preview of progress for the client and should not be used for commercial purposes.
    11. CCD can not be held acountable in any way for any inconviniences caused relating to a clients website during its build phase.
    12. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.
  3. Compatibility:
    1. CCD will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer and Mozilla browsers. CCD can offer no guarantees of correct function with all browser software.
    2. Clients finding display problems on other browsers should contact CCD to rectify any problems.
  4. Limitation of Liability:
    1. All terms conditions, warranties, undertakings inducements and representations, whether express or implied, statutory or otherwise relating to the provision of services by CCD not contained in the Agreement are excluded and CCD WILL NOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL LOSS OR DAMAGE) HOWEVER CAUSED (WHETHER BY NEGLIGENCE OR OTHERWISE) WHICH MAY BE SUFFERED OR INCURRED OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY with respect to the service.
    2. Where any applicable legislation implies any term, condition or warranty into the Agreement or in respect of CCD relationship with you, or otherwise gives you a particular remedy against CCD and the legislation or any other legislation renders void or prohibits provisions excluding or modifying the application of, exercise of, or liability under such implied term, condition, warranty or remedy will be deemed to be included in the Agreement or as the case may require apply to the relationship CCD and you. However, CCD liability for any such breach of such implied term, condition or warranty or under such remedy, will be limited, at CCD option, in any one or more of the ways permitted in that legislation, including, where so permitted if the breach relates to Services the supplying of those services again or the payment of the cost of having those Services supplied again.
    3. You acknowledge that web sites cannot be guaranteed to be 100% error free in construction and acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate this agreement.
  5. Suspension of Services:
    1. CCD reserves the right to suspend services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us websites may be taken down until payment is confirmed.
    2. CCD may from time to time and without notice or liability to you, suspend any of the services if the reason for doing the same is an event beyond the reasonable control of CCD
  6. Termination:
    1. CCD may discontinue services if an amount payable to CCD is overdue or take down a website permanently in any case where an amount payable is overdue by more than 14 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties.
    2. If a client wishes to discontinue their website hosting a minimum period of 3 months notice must be given in writing and the client will still be liable for any charges that may fall in this 3 month period.
  7. Technical Support, Changes and Maintenance:
    1. Technical assistance via telephone or email will be offered Extensive queries taking more than 15 minutes to deal with or site maintenance will be charged at hourly rates.
  8. Intellectual Property:
    1. All creation files remain the property of CCD.
    2. CCD retains the Copyright in and the right to use all artwork created in advancing the profile of CCD and to be recognized for artwork created by CCD.
    3. CCD shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any item from your Web Page unless specifically agreed otherwise. Further, CCD shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.
    4. CCD observes Privacy Laws and Guidelines relating to personal data.
  9. Database, Application and E-Commerce Development:
    1. CCD cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
    2. Any scripts, cgi applications or software (unless specifically agreed) written by CCD remain the copyright of CCD and may only be commercially reproduced or resold with the permission of CCD.
    3. Where applications or sites are developed on servers not recommended by CCD, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
    4. The client is expected to test fully any application or programming relating to a site developed by CCD before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, CCD will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
  10. Website Hosting:
    1. We offer hosting services, domain registration and email accounts to all our clients to provide the best possible service, technical support and programming updates. Any exceptions must be agreed upon by both parties in writing with regard to all of CCD Terms and Conditions.
    2. No guarantees can be made as to the availability or interruption of this service by CCD cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
  11. Costs
    1. All clients will be charged an annual rate of $60 per annum for registration, administration fees, web space hosting plus 2 email names (extra cost applicable for additional email names) and technical support.
    2. Agreed Costing is conditional on your supplying data required for a Website Stage or completion deadline agreed within 30 working days of confirmation of Order. CCD reserves the right to revise costing if that condition is not met in line with charges applying at the relevant time.
    3. Cost estimates are only valid for a period of 14 days.
    4. CCD may require a personal guarantee from the Director of a company in cases where files/artwork is required before payment.
    5. A late fee of $35.00 will be added to all overdue invoices
    6. CCD reserves the right to prioritise early paying clients and to charge urgency fees for turnaround within 2 working days.
    7. CCD offers a range of packages, features and services at set prices. Upgradeable features from a basic website design include, but are not limited to, the following: Galleries; Shopping Carts; Contact Forms; Pass worded Pages; Dynamic Scripts; Flash Designs; Statistics Pages; & Forums and will be charged at added cost to the client.
  12. Payment of Accounts:
    1. Payments can be made by Paypal, Direct Deposit, Bank Cheque or in Cash at level 2, 34 Hindley Street, Adelaide SA 5000.
    2. You will remain liable for all fees during any period when Services have been discontinued or suspended due to a failure on your part to comply with these terms and conditions
    3. All accounts are payable in full before delivery of final artwork or uploading of final files to live sites.
    4. You must pay CCD charges without any set off, counter claim or deduction unless the same is agreed in writing between us.
    5. A deposit is required from any new client before any work is carried out. It is the CCD policy that any outstanding accounts for work carried out by CCD or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with CCD.
    6. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
    7. If accounts are not settled or CCD have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment.
    8. Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
  13. Passing of Rights:
    1. Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or licence but no rights of ownership are conveyed unless specifically stated in the Project Contract.
    2. No such rights as described in above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data or information. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.
    3. The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.
    4. Unless you have our specific written agreement in the Project Contract, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, cgi applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software, and our products and results of our services remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree not to do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything what so ever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership
  14. Complaints Procedure:
    1. Anyone who experiences a problem with their web service provided by CCD should raise the matter directly via email or telephone, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
    2. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
9th June 2009
Please note: These Terms and Conditions are subject to be changed or updated at anytime at our discretion, without notification.