Last Updated: 29 May 2023
This is a simplified version of our terms for your convenience, however, the full terms apply and take complete priority over this simplified version.
Welcome to our website, Spacey Studios. We offer creative design services, including graphic design, branding, website design, website development, and printing services.
(b) This website is operated by Spacey Studios located in Cremorne VIC 3121, Australia. By accessing and using our website or any of our services, you agree to the following terms and conditions. If you do not agree with these terms, please stop using our website and services.
(c) We reserve the right to update and change these terms at any time. We will make reasonable efforts to notify you of any updates. It is recommended to keep a copy of these terms for your reference.
(a) You accept the Full Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in the user interface.
(a) To access our services, you need to contact us and provide details about your needs to set up an account for your business.
(b) During registration or continued use of our services, you may need to provide personal information such as your ABN number, business name, email address, mailing address, and telephone number.
(c) You must ensure that the information you provide during registration is accurate and up to date.
(d) Once you complete the registration process, you will be considered a client and bound by these terms, or any other set of terms provided to you in the form of a project agreement or similar.
(e) You cannot use our services or accept these terms if you are underage or prohibited from receiving our services under applicable laws.
As a client, you agree to:
(a) Use our services for permitted purposes according to these terms and applicable laws.
(b) Not allow others to use your registration information and promptly notify us of any unauthorised use or security breach.
(c) Use the website and services solely for your own use as a client.
(d) Not use the services or website for any unauthorised commercial purposes or illegal activities.
(e) Understand that we may remove commercial advertisements and take legal action against unauthorised use of the website.
(f) Acknowledge that automated use of the website and services is prohibited.
(a) You can make payments for our services using electronic funds transfer (EFT), credit/debit cards, BPAY, or digital mobile payments.
(b) Payments (other than EFT) are processed using MYOB Invoice Payments, and by making a payment, you agree to their terms and conditions.
(c) If your payment is returned or denied, you are responsible for associated costs and fees.
(d) We reserve the right to change the service fee at any time.
(a) All amounts payable to Spacey Studios are expressed exclusive of GST.
(b) As a result, all invoices issued to you, the client, will have GST charged in addition to the service fees payable.
(a) We will provide a refund of the service fee if we are unable to continue providing the services or if it is deemed reasonable by our management.
(a) Our website, services, and related products are subject to copyright protection. All rights are reserved by Spacey Studios.
(b) Spacey Studios ® is a registered trade mark of Benjamin J Roberts (ABN 12513574833), right number 2157945. You must not breach this intellectual property right.
(c) All trademarks, service marks and trade names are owned, registered and/or licensed by Spacey Studios, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Client to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
Spacey Studios does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Spacey Studios.
(d) All other rights are reserved by Spacey Studios, and nothing transfers those rights to you.
(e) Unauthorized use, reproduction, or distribution of the services or third-party services is prohibited.
(a) We take your privacy seriously, and any information provided through your use of the website and services is subject to our Privacy Policy.
(a) The Terms do not limit or exclude any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law, which cannot be limited or excluded by law.
(b) Except as required by applicable laws:
(i) All terms, guarantees, warranties, representations, or conditions not expressly stated in the Terms are excluded.
(ii) Spacey Studios is not liable for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising from the Services or the Terms, unless such loss or damage is reasonably foreseeable and results from our failure to meet an applicable Consumer Guarantee.
(c) Your use of the Website and the Services is at your own risk. Everything provided on the Website and the Services is “as is” and “as available” without any warranty or condition. Spacey Studios and its affiliates, directors, officers, employees, agents, contributors, and licensors make no express or implied representation or warranty about the Services or any products referred to on the Website, including any loss or damage that may occur due to various factors.
(i) This includes failures in performance, errors, interruptions, defects, delays, viruses, loss of data, unlawful third-party conduct, or unauthorized access to records.
(ii) It also includes the accuracy, suitability, or currency of any information on the Website or the Services, as well as any costs incurred from using the Website, the Services, or Spacey Studios’ products.
(iii) Furthermore, it encompasses the Services’ operation in respect to convenience links provided.
(a) Spacey Studios’ total liability arising from the Services or the Terms will not exceed the resupply of the Services to you.
(b) Spacey Studios, its affiliates, employees, agents, contributors, and licensors are not liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including loss of profit, goodwill, or business reputation, under any theory of liability.
(a) The Terms will remain in effect until either you or Spacey Studios terminate them as described below.
(b) If you wish to terminate the Terms:
(i) Provide Spacey Studios with a 14-day notice of your intention to terminate.
(ii) Close your accounts for all the services you use, if this option is available. Please send your written notice to Spacey Studios via the ‘Contact’ link on our homepage.
(c) Spacey Studios may terminate the Terms with you if:
(i) You have breached or intend to breach any provision of the Terms.
(ii) Spacey Studios is required to do so by law.
(iii) The provision of the Services to you is no longer commercially viable, according to Spacey Studios.
(d) Spacey Studios reserves the right, in its sole discretion, to discontinue or cancel your contract at any time, suspend or deny your access to the Website or the Services without notice if you breach the Terms, applicable laws, or if your conduct negatively impacts Spacey Studios’ reputation or violates the rights of others.
(a) You agree to indemnify Spacey Studios, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:
(i) All actions, suits, claims, liabilities, costs, expenses, losses, and damages (including legal fees) incurred or arising from Your Content.
(ii) Direct or indirect consequences of your access, use, or transactions on the Website.
(iii) Any breach of the Terms.
(a) Compulsory: If a dispute arises regarding the Terms, neither party may initiate any legal proceedings unless the following clauses have been followed (except for urgent interlocutory relief).
(b) Notice: The party claiming a dispute must give written notice to the other party, describing the nature of the dispute, desired outcome, and required actions to settle it.
(c) Resolution: Upon receiving the notice:
(i) The Parties must endeavor in good faith, within 28 days, to promptly resolve the dispute through negotiation or other mutually agreed means.
(ii) If the dispute remains unresolved after 14 days from the notice, the Parties may agree on a mediator or request the appointment of one by the Director of Spacey Studios or their nominee.
(iii) The Parties are equally responsible for the mediator’s fees, expenses, and venue costs. Each Party pays their own costs associated with the mediation.
(iv) The mediation will be held in Melbourne, Australia.
(d) Confidential: Communications related to the dispute resolution process are confidential and should be treated as “without prejudice” negotiations, in accordance with applicable laws of evidence.
(e) Termination of Mediation: If three months pass since the start of the mediation without resolution, either Party may ask the mediator to terminate the process, and the mediator must comply.
(a) The Services offered by Spacey Studios is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
The Terms are governed by the laws of Victoria, Australia. Any disputes arising from or related to the Terms will be governed, interpreted, and construed according to the laws of Victoria, Australia, without considering conflict of law principles. The validity of this governing law clause is undisputed. The Terms are binding for the parties involved, as well as their successors and assigns.
(a) Both parties acknowledge that the provisions of the Terms are fair and reasonable. They affirm that they had the opportunity to seek independent legal advice and declare that the Terms do not violate public policy regarding inequality, bargaining power, or general restraints on trade.
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Ben Roberts
Director
Spacey Studios
