Stella Design - Creative Design Packages for Small Business

Website Terms and Conditions of Purchase Use

Acknowledgment and acceptance
1. The smallbusinesspackages.com.au website (Website) is owned and operated by The Stella Group Pty Ltd (ABN 12 097 338 362) of Suite 5, Level 4, 2-12 Foveaux Street, Surry Hills, New South Wales, AUSTRALIA 2010 (The Stella Group Pty Ltd). Before you use the Website, please read the following terms, conditions and disclaimers carefully (Terms & Conditions).
2. By accessing, browsing or using this Website you agree to the Terms & Conditions as amended from time to time and acknowledge that you have read and understood them. Further, you expressly agree to be bound by these Terms & Conditions.

Changes in Terms & Conditions and/or Services
1. The Stella Group Pty Ltd may amend these Terms & Conditions or modify or discontinue (temporarily or permanently) its services from time to time, effective immediately and without notice. Any such change will be without liability to you or any third party or user. For the avoidance of doubt, all work in progress in relation to any services already purchased by you will be completed by Stella Design, a trading arm of the Stella Group Pty Ltd.
2. Your continued use of this Website after any amendment becomes effective constitutes an agreement by you to abide and be bound by the Terms & Conditions, as so amended. You should review these Terms & Conditions from time to time.

Use of Services
1. The services are not available to persons under the age of 18 years old and any other persons who are legally prohibited from entering into binding contracts. You may be requested to provide current, accurate identification, information and contact details at the time of registration to use the services at the Website. You are responsible for ensuring that your account details are kept confidential as well as for any activity that occurs under your account.
2. Any party engaging in illegal activities involving the use of this Website will be subject to civil and criminal prosecution. The Stella Group Pty Ltd uses its best endeavours to prevent any illegal or inappropriate use of this Website, and will take action against or report such activities to the appropriate authorities as is required.
3. All monetary figures are shown in Australian Dollars (AUD) and that all transactions are processed in AUD.
4. The Stella Group Pty Ltd reserves the right to refuse the services to anyone at any time and without notice for any reason.

Registration
1. In order to obtain information about the services offered by The Stella Group Pty Ltd we require that you complete our Contact and Enquiry Form. This requires that you provide personal information including your name, contact telephone number and e-mail address, your business/company name and a classification of the industry in which you are involved (“User Information”). By completing this Contact and Enquiry Form, you will be registered on the Small Business Packages database. Registration is free but non-transferable.
2. The Stella Group Pty Ltd reserves the right to terminate registration at any time if you breach these Terms & Conditions.

Information Provided
1. You agree to provide current, complete and accurate User Information as prompted to do so by this Website, and to maintain and update this User Information to ensure it is current, complete and accurate.
2. When you provide any User Information you are representing and warranting that all of the information provided is true and correct and are agreeing to indemnify The Stella Group Pty Ltd for any losses, costs expenses or damages that it may suffer if any of this information is not correct.
3. When you provide information to The Stella Group Pty Ltd, you are automatically approving use of all content for the purpose of the services in accordance with these Terms & Conditions.
4. You agree to use the Website only for legal and proper purposes and in accordance with these Terms & Conditions.
5. You acknowledge and consent to the disclosure by The Stella Group Pty Ltd to any law enforcement agency in any jurisdiction that is investigating any breach or suspected breach of any law in any jurisdiction of your identity or other information provided by you to this Website, upon being requested to do so by that law enforcement agency.

Design Concepts and Proposals
1. Subject to clause 6(c), any content that you provide to The Stella Group Pty Ltd including all pre-existing copyright materials and trade marks will remain your property (“Client Content”). You grant The Stella Group Pty Ltd a licence to use, reproduce, modify, display and publish Client Content in connection withsmallbusinesspackages.com.au performance of the Services and limited promotional uses of the deliverables as set out in these Terms and Conditions.
2. Third party materials are the exclusive property of their respective owners. The Stella Group Pty Ltd will advise you of all third party materials that may be required to perform the services. In such cases The Stella Group Pty Ltd will, at your expense, obtain the license(s) necessary to permit use of the third party materials to perform the services. If you advise us not to obtain such licence(s) you will indemnify The Stella Group Pty Ltd from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand or action by a third party in relation to the use by The Stella Group Pty Ltd of any third party materials.
3. The Stella Group Pty Ltd retains all rights in and to any original works produced by The Stella Group Pty Ltd in the course of delivering the services (“Works”). Upon completion of the services and expressly subject to full payment of all fees, costs and out-of-pocket expenses due and payable to The Stella Group Pty Ltd, The Stella Group Pty Ltd will grant you a license to use the Works. The rights granted to you are for the usage of the Works in their original form only. You may not crop, distort, manipulate, reconfigure, animate, create derivative works or extract portions or alter the Works in any way without the express prior written consent of The Stella Group Pty Ltd.
4. You will only receive the final concept or design that you select and pay for. Any other concepts or designs developed by The Stella Group Pty Ltd during the course of delivering the services and developing the final concept or design remains the property of The Stella Group Pty Ltd to use or to sell or license to a third party at its sole discretion.
5. You can purchase additional concepts or designs for an additional fee that is separate to and outside the proposal for services being performed.
6. As soon as a website is operational, or hard copy concept or design files are delivered by The Stella Group Pty Ltd to you, any alterations or changes to the Works will incur additional fees at a rate to be determined by The Stella Group Pty Ltd in its sole discretion.

Termination and Cancellation
1. Subject to clause 7(d), if you wish to cancel your use of the services for any reason, you must notify The Stella Group Pty Ltd by email at info@smallbusinesspackages.com.au. Cancellation will take effect within 3 business days of receipt of notification.
2. The Stella Group Pty Ltd may terminate or suspend your use of this Website and the services at any time without notice and for reasons including where there is a period of account inactivity or breach of these Terms & Conditions. In the event of termination, your account will be disabled and you will not be granted access to any content under your account. You will be notified of termination or suspension via email.
3. All restrictions, licenses granted by you and all disclaimers and limitations of liability by The Stella Group Pty Ltd will survive termination.
4. A cancellation fee will be charged if you engage The Stella Group Pty Ltd' services and terminate this agreement before completion of these services for any reason. The services provided to you will be invoiced up until the date the cancellation is processed, if none of the services have been commenced 100% of the amount that has been paid, less a $165.00 including GST administration fee will be refunded. You acknowledge that the purpose of this cancellation fee is to reimburse The Stella Group Pty Ltd for work conducted/services performed up to and including the date of termination and for which damages will not be adequate compensation.

Intellectual Property Rights
1. Unless otherwise indicated, copyright in the information on this Website is owned by The Stella Group Pty Ltd. Content and information provided by third parties other than The Stella Group Pty Ltd is identified clearly where it appears. We publish this content as supplied to us and we are not responsible for its accuracy or timeliness. You must take appropriate steps to verify this information before acting upon it. All rights reserved. This Website or any portion of it may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by The Stella Group Pty Ltd. You may download a single copy of the information on this Website and, where necessary for its use as a reference, keep a temporary copy in your computer's cache and make a single hard copy of that information. Except as permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, no part of the information contained on this Website may be otherwise reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) without the specific prior written consent of The Stella Group Pty Ltd.
2. You acknowledge and agree that the Website and any necessary software used in connection with it contain proprietary and confidential information protected by intellectual property laws. You may not use of The Stella Group Pty Ltd' trademarks, logos, copyright and domain names unless you have its prior written consent to do so. Unless expressly authorised to do so by The Stella Group Pty Ltd, you may not use, sell, distribute or create derivative works based on the Website or the underlying software. You further agree only to use the interface provided by a third party endorsed by The Stella Group Pty Ltd in accessing the Website services.
3. The Stella Group Pty Ltd claims no ownership or control over any content submitted by you. You or your authorised user retains all intellectual property rights in this content and you are responsible for protecting those rights as appropriate.
4. If you have any questions about the ownership of material that appears on this Website please contact info@smallbusinesspackages.com.au.

Links to Other Websites

This Website may contain links to websites maintained by other companies and organisations. The Stella Group Pty Ltd does not make any representation as to the accuracy of information contained on those websites and will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those websites. The Stella Group Pty Ltd does not accept liability for any damage or loss caused or alleged to be caused (whether direct or indirect) in connection with the use or reliance on any information contained on those websites, or content uploaded to the Website, or goods or services available on or through the Website or other linked website or resources.

Viruses
1. You must not transmit or attempt to transmit any material of any kind to this Website which contains a virus, malicious computer code or other harmful component or otherwise attempt to alter any of the content on this Website.
2. If any User Information provided by you is incomplete or inaccurate or you attempt to transmit any material of any kind to this Website which contains a virus, malicious computer code or another harmful component or you otherwise attempt to alter any of the content of this Website (other than as provided under these Terms & Conditions), or you are otherwise in breach of these Terms & Conditions, The Stella Group Pty Ltd retains the right to terminate your rights to use this Website and to prosecute you to the fullest extent of the law.
3. The Stella Group Pty Ltd does not represent that any information (including any file) obtained from or through this Website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.

Submission, Use and Storage of Content
1. Content can be submitted to The Stella Group Pty Ltd electronically via the technical specifications provided to you at the Website. You agree to comply with those technical specifications to enable proper delivery and display of the content. Where the content contains URLs, The Stella Group Pty Ltd has the right to access, index, cache or crawl the URLs or the content itself in connection with The Stella Group Pty Ltd' authorized use of the content.
2. You acknowledge and agree that The Stella Group Pty Ltd is not responsible or liable for the deletion or failure to store any content on the Website.

Release and indemnity
1. You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have against The Stella Group Pty Ltd, its related bodies corporate, directors, employee, agents and representatives connected with, arise out of, relate to or are incidental to your use of the Website.
2. You hereby agree to indemnify, defend and hold The Stella Group Pty Ltd, its related bodies corporate, directors, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by The Stella Group Pty Ltd its related bodies corporate, directors, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms & Conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
3. You further agree to indemnify and hold The Stella Group Pty Ltd, its related bodies corporate, directors, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Website, the violation of these Terms & Conditions by you, or the infringement by you of any intellectual property or other right of any person or entity.

Limitation of liability
1. The Stella Group Pty Ltd will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from your use or your inability to use this Website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this Website, including but not limited to, damages for loss of profits, use, data or other intangible, even if The Stella Group Pty Ltd has been advised of the possibility of such damages.
2. Where any Act of Parliament implies in these Terms & Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty will be deemed to be included in these Terms & Conditions.

Disclaimer
1. The information contained on this Website is provided by The Stella Group Pty Ltd in good faith on an “as is” basis. The information is believed to be accurate and current at the date the information was placed on this Website.
2. Neither of The Stella Group Pty Ltd nor its related bodies corporate, any of their directors, officers or employees make any representation or warranty as to the reliability, accuracy or completeness of the information contained on this Website (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this Website. To the fullest extent permitted by applicable law, The Stella Group Pty Ltd disclaims all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Stella Group Pty Ltd makes no warranty that the Website or any products or services advertised on the Website will meet your requirements, or that the Website will be uninterrupted, timely, secure or error free.
3. No advice or information, whether oral or written, obtained by you from or through this Website creates any warranty not expressly made in these Terms & Conditions.

Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. The Stella Group Pty Ltd strives to protect such information and, once The Stella Group Pty Ltd receives your transmission, it will take reasonable steps to preserve the security of such information. However, it does not warrant and cannot ensure the security of any information transmitted by you. Therefore, any information transmitted to The Stella Group Pty Ltd is done so at your own risk.

All credit card details are transmitted using 128 Bit SSL encryption through the payment gateway. This encryption is the current industry standard and the minimum standard required by the merchant. All credit card information is held under the terms stated in the Small Business Packages Privacy Policy.

Applicable law

These Terms & Conditions are be governed by and construed in accordance with the laws of the State of New South Wales (NSW). You agree to submit to the exclusive jurisdiction of the courts of the State of NSW. If any provision(s) of these Terms & Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Stella Group Pty Ltd' failure to exercise or enforce any rights or provisions of these Terms & Conditions does not constitute a waiver of such right or provision unless acknowledged and agreed to by The Stella Group Pty Ltd in writing.

Privacy Notice

The Stella Group Pty Ltd (ABN 12 097 338 362) is subject to the National Privacy Principles in the Privacy Act 1988.

Please refer to the Privacy Policy and Disclosure Statement which explains how The Stella Group Pty Ltd uses and protects the privacy of your personal information that is collected by The Stella Group Pty Ltd or provided by you via the Website or from other sources.

Guarantee of Service
1. The Stella Group Pty Ltd endeavours to ensure that you are happy with our services and end-product. If after completion of the services for any reason you are not satisfied with any of the concepts selected for you, please notify us in writing to PO Box K935, Haymarket NSW AUSTRALIA 1240 or info@smallbusinesspackages.com.au or fax +61 2 8217 0099 within fourteen (14) days of receipt (Notice of Complaint).
2. Subject to the project confirmation and brief provided to you by The Stella Group Pty Ltd for the services, if you are unsatisfied with any of the initial concepts selected for you, your payment for our services up and until the date of Notice of Complaint will be refunded to you (less an administration fee of $165.00 including GST) by the same means in which you made the payment (Refund). Please note that a refund is no longer applicable once a concept has been selected by you.
3. You will receive the Refund within fourteen (14) and we will notify you when the refund has been made.
4. This Returns policy does not affect your statutory rights.
5. The Stella Group can be contacted on +61 2 8217 0000 or in writing to PO Box K935, Haymarket NSW AUSTRALIA 1240 or info@smallbusinesspackages.com.au or fax +61 2 8217 0099.