Trading Terms & Conditions

In this agreement, the party who is contracting to receive the services shall be referred to as “Client” and the party that will be providing the services shall be referred to as “DK Media”

1. Deadlines and Delivery Dates

DK Media shall use commercially reasonable efforts to meet all project schedules and requested delivery time frames agreed upon in the Project Brief. Such scheduled dates and delivery time frames in all cases represent estimates or targets only, and should never be accepted either explicitly or implied as a guarantee of delivery on or prior to the above-mentioned dates. The client agrees not to hold DK Media liable for any consequential losses associated with project delays, for any reason.

2. Design
During the design process, it is expected that the client will work with DK Media to reach the results outlined in the project briefs. This includes providing timely feedback on creative presented, as well as a willingness to clarify and elaborate on details as required. The client must at all times work with DK Media to achieve the outcomes specified in the Project Brief. Ownership of the final components supplied by DK Media in fulfilment with the Project Brief is only transferred to the client upon final payment of all outstanding fees and costs. Any discarded concepts, ideas, designs and/or code remain the property of DK Media, and must not be used by the client under any circumstances, unless purchased separately. The client grants explicit permission for DK Media to use above-mentioned final components for self-promotional purposes. While DK Media takes all care to ensure error-free documents and designs, it is the clients’ responsibility to notify DK Media of any error or omissions prior to finalisation of the account. Changes after finalisation of accounts will incur a separate fee.

3. Warranty

DK Media agrees to provide at no cost to the client reasonable support during a warranty period of 30 days after delivery of any project. Support and maintenance beyond the above provision will be chargeable at DK Media standard maintenance rates. Should the client have any concerns regarding the finished project’s output in relation to the project brief, DK Media must be notified in writing within 30 calendar days of the project delivery.

DK Media do offer clients or subscribers a "30-Day Money Back Guarantee.” This guarantee allows subscribers to purchase DK Media’s services including hosting with full confidence and zero-risk. Consequently, subscribers may request a full refund within 30 days of initial sign-up and be refunded all fees. 

After this time, DK Media will not be held responsible for any and all damages resulting from products and/or services it supplies. DK Media is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold DK Media responsible for any such loss or damage. Any claim against DK Media shall be limited to the relevant fee(s) paid by the client. DK Media reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. DK Media will not knowingly perform any actions to contravene these and the client also agrees to be so bound. DK Media and its clients agree to comply with Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered.

4. Payment Terms

Prior to commencement of any design or programming, a non-refundable commencement fee is due for all new clients. A non-refundable progress payment may be required from time-to-time during the design and/or development process, at the discretion of DK Media. Progress payments are generally in 20% intervals. Should the client be issued with a progress payment invoice, the amount is payable before further work is performed on the project.

Publication and/or release of work performed on behalf of the client by DK Media may not take place before cleared funds have been received - except in the case of a pre-arranged payment plan.

Any booking fees or progress payments are non refundable under any circumstances.

5. Payment Plans

  1. A $149 setup fee is applicable to all payment plans
  2. Payment plans are available for all projects.
  3. Only available for projects over the amount $2000.00
  4. 50% of website cost is payable prior to website “go live”
  5. Payments are deducted weekly, fortnightly or monthly from Client’s bank account or credit card.
  6. Payments to commence upon website “Go live”, or as otherwise arranged with DK Media.
  7. Payment plans are generally over 6 month period unless otherwise arranged and agreed to in writing by DK Media.
  8. If the scheduled amount cannot for any reason be collected from your account as per the pre-arranged schedule, you must contact DK Media at least 7 days prior to the scheduled debit date.
  9. Should a collection attempt be made and funds are not available, you will be charged an administrative fee of $80 + GST per attempt at collection where funds are not available.
  10. Changes to any payment plans must be requested in writing and directed to, or via mail.

6. Paying your Account

Unless otherwise stated in writing by DK Media, Client shall pay all amounts due under this Agreement within 7 days from the date of DK Media invoice. In the case of payment plan, a third-party processor will be contracted by DK Media to process and deduct all payments in accordance with the terms and conditions of the third party if required.

7. Late payments & Default

Accounts, which remain outstanding for 30 days after the date of invoice, will incur a late payment fee equivalent to 5% of the project costs. An account shall be considered in default if it remains unpaid for 41 days from the date of invoice, unless prior arrangements have been made. DK Media shall at its sole discretion suspend any and all services provided to the client by DK Media or it’s subsidiaries (including but not limited to hosting, websites, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries. Suspension of such services does not relieve the client of its obligation to pay the due amount. Clients whose accounts are in default agree to pay DK Media reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

8. Project Cancellation

Once the client, by way of confirmation of a deposit, payment or in writing has agreed to a Project Brief, a binding contract to complete the project exists. Work may only be cancelled or amended with the agreement in writing of DK Media. In any event, the cost of all work (or part thereof) performed by DK Media for the Client, whether used by the Client or not, will be invoiced and must be paid for. Unless special dispensation has been agreed prior to work commencing, all work will be billed at the hourly rate of $120 per hour + GST. “Work” is defined by, but not limited to the following:

  1. Consultation with the client or any third parties in relation to the project
  2. Research
  3. Planning
  4. Sketching
  5. Briefing
  6. Account Setup
  7. Design work
  8. Programming work
  9. Administrative functions
  10. Copywriting
  11. Providing information, referrals or otherwise supplying client with resources at clients request.
  12. Photography
  13. Printing

DK Media reserves the right to withhold files and designs from a client in the event of cancellation, until such time as all outstanding invoices for work performed by DK Media has been paid for. The client is expressly prohibited from using any files, designs, or intellectual property supplied by DK Media for any purpose until such time as all accounts have been settled in full, or as otherwise agreed to in writing by DK Media. DK Media reserves the right to terminate a contract without giving reason. In the event of cancellation, DK Media will retain all deposits and payments made up until the time of cancellation regardless of work done, and may issue an invoice for any work carried out over and beyond the amount already paid. Cancellation of your project with DK Media does not dissolve your obligations to DK Media under these Terms and Conditions. Payments of cancellation fees are due within 7 days from the date of cancellation notification.

DK Media do offer clients or subscribers a "30-Day Money Back Guarantee.” This guarantee allows subscribers to purchase DK Media’s services including hosting with full confidence and zero-risk. Consequently, subscribers may request a full refund within 30 days of initial sign-up and be refunded all fees.

9. A project is ONLY deemed cancelled if;

  1. A client requests in writing a cancellation and DK Media agrees in writing that a client may cancel their project with DK Media within 30 days of initial sign-up, payment or deposit.
  2. A client does not respond to request for feedback, or correspondence within 30 days
  3. A client breaches the terms and conditions set forth by DK Media, or breaches separate contractual agreements issued by DK Media.
  4. A client instructs third parties to commence or complete services requested from DK Media at time of quotation.
  5. DK Media cancels the project in writing.

10. Dispute Resolution

In the event of a dispute, the client agrees to make all reasonable attempts to contact DK Media in writing and negotiate a reasonable outcome with DK Media before proceeding with any form of litigation.

11. Additional Materials

It is common with web and graphic design that the use of additional materials may become necessary during the design process. Stock photography or commercial fonts are often used and are purchased commercially for your designs by DK Media. In the event that stock photography or a requested commercial font is required, a price per picture and per font will be applied to the final design fees, and is payable in addition to design services. Fees for additional materials vary, and DK Media reserves the right to alter fees as necessary.

12. Copyrights and Trademarks

By supplying text, images and other data to DK Media for inclusion in the client’s website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. Ownership of the final artwork designed by DK Media on behalf of the client will be transferred to the client upon final payment, unless otherwise specified by DK Media - this does not include code or software. Copyright on all software and code remains the property of DK Media or its otherwise respective owners. DK Media provides license for the client to use supplied software, designs or code for it’s intended purpose. No license for modification or re-use of said software or code is provided unless otherwise specified by DK Media in writing. Any discarded concepts and ideas remain the property of DK Media and must not be used by the client under any circumstances unless purchased separately. DK Media may use all design material freely in the pursuit of promotional purposes. Should DK Media, or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright- and royalty-free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow DK Media to remove and/or replace the file. The client agrees to fully indemnify and hold DK Media free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.

13. Design Credits

The client agrees to allow DK Media to place a small credit on printed material, exhibition displays, advertisements and/or a link to DK Media own website on the client’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page. The client also agrees to allow DK Media to place impressions of websites and other designs, along with a link to the client’s site, on DK Media own website for demonstration purposes, and to use any designs in its own publicity.

14. Rights of Refusal

DK Media reserves the right to refuse or cancel any project, at anytime, without giving reason. DK Media will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. DK Media also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that DK Media does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow DK Media to remove the contravention without hindrance, or penalty. DK Media is to be held in no way responsible for any such data being included.

15. Web Hosting and Domain Names

DK Media reserves the right to suspend or terminate the agreement and your access to this service should your account become delinquent (falls into arreears). DK Media reserves the right to suspend or terminate your public website if delinquent invoices are 60 days overdue.

16. Content Management Systems

If your website is built with a content management system, you will not be able to transfer the content management solution should you decided to change service/provider. This will affect all your pages that use content management functions.

17. General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. DK Media reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Contact Us

We are a full service digital agency providing original, quality, creative and functional solutions.

Telephone 1300 255 931
Wollongong 203/62 Moore Street Austinmer NSW 2515

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