Eightball Media refers to Eightball Media Pty Ltd as The trustee for The 8Ball Garage Unit Trust, ABN 16 756 933 471.
 

Summary of Graphic Design & Artwork Terms and Conditions

  • The proposal will set the requirements of the projects and what needs to be fulfilled.
  • The proposal is a quote for services to be offered. Anything outside this will be handled in two ways:
    • Any changes to the scope of work requested by the client after signing the agreement will be estimated and provided to the client for approval.
    • Any work we think that needs to be done outside the scope of the project will be advised to the client and quoted and it is up to the client to initiate our recommendations.
  • Eightball Media is not accountable to any of the content placed on an artwork. It will be assumed all content is proofed by the client before an artwork is distributed and any changes can be made by the client before artwork distribution.
  • If payment is not met within 30 days of invoice due date, Eightball Media will suspend any artwork activities until the balance is paid.
  • If a client wishes to acquire any working files a fee of 25% of the value of the original artwork will be charged prior to releasing the files.
  • Once any artwork has been approved any changes there after will incur a design fee of $175/hour ex. GST. Most pricing will be able to be quoted before changes begin.

 

Graphic Design & Artwork Agreement

Copyright to Artwork
Copyright to the finished artwork produced by Eightball Media is owned by Eightball Media. Upon final payment of project contract, the client is assigned rights to use as required. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Unless previously agreed upon, all original source files and work-up files are the property of Eightball Media. Should a client require the original source files and work-up files a fee of 25% of the value of the original artwork will be charged prior to releasing the files. Eightball Media and its subcontractors retain the right to display graphics and other artwork elements as examples of their work in their respective portfolios.

 

Fonts
Commercial fonts that are included in any artwork designed are rasterized or outlined. Should a client require the font, the client will need to acquire it legally from the font creator/shop. Eightball Media does not distribute fonts to its clients.

 

Completion Date
To be able to achieve the project in a suitable timeframe, the client agrees to supply materials i.e.  Corporate branding promotional materials, logos in a suitable format, make available hours for meeting and to deliver key information promptly for Eightball Media to complete work on schedule. Failure to do so will cause a project to be delayed and other projects will take priority according to the timelines that need to be maintained.

 

Assignment of Project
Eightball Media reserves the right to assign subcontractors to this project to ensure the right skill for the work as well as to meet the scheduled completion date.

 

Payment of Fees
In order for Eightball Media to remain in business, payments must be made promptly. The client must adhere to due dates (generally 7 days from date of invoice) of Eightball Media invoices. Delinquent bills will incur a $30 charge, if payment is not received within 14 days of the due date. If an amount remains delinquent 30 days after its due date, an additional $30 penalty will be added for each month of delinquency. Eightball Media reserves the right to not provide artwork until payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by Eightball Media. Unless agreements are made in writing, after a 90 day period your account will be passed to a debt collection agency for further follow up.

If payments are not made in a timely manner and if required content is not received by Eightball Media on time there may be delays to the completion of the artwork. Additional requests that are outside the scope written in the proposal document will incur an additional investment on Eightball Media behalf.

Should there be delays on approval of concepts, receiving of content or if the artwork is placed on hold for unforeseen reasons there may be additional fees should any artwork updates need to occur.

 

 

Summary of Website Development Terms and Conditions

  • The Design Plan will set the requirements of the projects and what needs to be fulfilled.
  • The proposal is a quote for services to be offered. Anything outside this will be handled in two ways:
  • Any changes to the scope of work requested by the client after signing the agreement will be estimated and provided to the client for approval.
  • Any work we think that needs to be done outside the scope of the project will be advised to the client and quoted. It is up to the client to initiate our recommendations.
  • Eightball Media is not accountable to any of the content placed on to the website. It will be assumed all content is proofed by the client before the site is launched and any changes can be made by the client before the website is launched.
  • If payment is not met within 30 days of due date, Eightball Media will suspend your website and email activity until the balance is paid.
  • If a client wishes to transfer the website, database, CMS, hosting, Emails and entire setup to another company to take control a $295 ex GST port out fee applies for additional work required by us to release the website. Once released we will take no responsibility of the features functions and operations of the website.
  • We will graphically design concepts of how the site will look. If after previewing them, any changes are required they will need to be provided all at once in a typed document; these changes will be made at no additional cost. All changes must be finalised before the implementation phase begins. Any changes that occur once the implementation of the website additional fees at the hourly rate of $175 ex. GST will apply for changes. Most pricing will be able to be quoted before changes begin.
  • Once the website design has been approved and the development has begun any changes there after will incur a development fee of $175/hour ex. GST.
  • Monthly lease fee is paid by direct debit set up by Eightball Media. If this arrangement is not suitable for the client, one of the following alternatives must be met:
    • The client should pay the full value of 3 monthly leases in advance
    • The client should pay the full value yearly
    • Further payment arrangements can be met with our recommended financial advisors

 

Website Development Agreement

Authorization
The named client is engaging Eightball Media as an independent contractor for the specific project of developing and/or improving a website to be installed on the client’s web space (depending on the software available) or on suitable web hosting provided by Eightball Media. The client hereby authorizes Eightball Media to access this account, and authorizes the web hosting service to provide Eightball Media with “write permission” for the client’s web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorizes Eightball Media to publicize their completed website to Web search engines, as well as other Web directories and indexes.

 

Website Maintenance and Hourly Rate
The agreement includes minor website maintenance to regular web pages over a two month period, including updating links and making minor changes to a sentence or paragraph. It does not include complete page re-construction or additional graphic design elements. If the client or an agent other than Eightball Media attempts updating pages (except using the Content Management page editor and tools provided by Eightball Media), time to repair the website will be assessed at the hourly support rate of $175 ex. GST per hour, and is not included as part of the updating time. Changes requested by the client beyond those limits will be billed at the standard service rates of Eightball Media. The two month maintenance period begins from the day of completion of the final website construction phase.

 

Website Edit Access
If access is granted to the client or an agent working on behalf of the client, to make edits to the website or any of the supplied materials, Eightball Media can not be held responsible for any damage caused through such access. Access is usually through the backend, typically located at /wp-admin, the files, or a web hosting interface such as cPanel. Typical examples of edits include changing settings and content, updating themes or plugins, or deleting of any items. If assistance is required to repair or restore any content or functionality, Eightball Media may offer to assist at the standard rate of $175 ex. GST per hour.

 

Web Hosting
The client understands that any web hosting services require a separate contract with the web hosting service. The client agrees to select a web hosting service which allows Eightball Media full access to the website via FTP, a MySQL database if required by Eightball Media, and access to a web hosting control panel. Other access or tools may be required by Eightball Media, and they will be provided or paid for by the client. Eightball Media is a provider of suitable web hosting services. It is recommended that Eightball Media be used as the web hosting service.

 

Completion Date

To be able to achieve the project in a suitable timeframe, the client agrees to supply materials i.e.  Corporate branding promotional materials, logos in a suitable format, make available hours for meeting and to deliver key information promptly for Eightball Media to complete work on schedule. Failure to do so will cause a project to be delayed and other projects will take priority according to the time lines that need to be maintained.

 

Assignment of Project

Eightball Media reserves the right to assign subcontractors to this project to ensure the right skill for the client’s website as well as to ensure the scheduled completion date is met.

 

Legal Disclaimer
Eightball Media does not warrant that the functions contained in these web pages or the Internet website will meet the client’s requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will Eightball Media be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Eightball Media has been advised of the possibility of such damages. The client will indemnify and hold Eightball Media harmless against any claims by third parties, including all costs, expenses and legal fees incurred by Eightball Media arising out of or in conjunction with the Client’s performance or breach of this agreement. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

 

Copyrights and Trademarks
The client represents to Eightball Media and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Eightball Media for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Eightball Media and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

 

Electronic Commerce Laws
From time to time government entities enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Eightball Media and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.

 

Copyright to Web Pages
Copyright to the finished assembled work of web pages produced by Eightball Media is owned by Eightball Media. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Eightball Media and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.

 

Website Built & Online Marketing Accreditation
All websites built by Eightball Media will include an accreditation link.  For example “This website was built by Eightball Media” or a similar variation. These links appear in the footer of all web pages unless otherwise agreed on. There is a fee of $1,000.00 inc GST to remove any on page accreditation.

By signing up with Eightball Media we have the rights to use your project for promotional and portfolio purposes unless otherwise agreed on.

 

Payment of Fees
Advertising the pages to Web search engines and updating occur only after the final payment is made. All monetary amounts stated in this document are in Australian Dollars, and all payments will be made in Australian Dollars.

In order for Eightball Media to remain in business, payments must be made promptly. The client must adhere to due dates (generally 7 days from date of invoice) of Eightball Media invoices. Delinquent bills will incur a $30 charge, if payment is not received within 14 days of the due date. If an amount remains delinquent 30 days after its due date, an additional $30 penalty will be added for each month of delinquency. Eightball Media reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by Eightball Media. Unless agreements are made in writing, after a 90 day period your account will be passed to a debt collection agency for further follow up.

If payments are not made in a timely manner and if required content is not received by Eightball Media on time there may be delays to the completion of the website. Additional requests that are outside the scope written in the design plan document will incur an additional investment on Eightball Media behalf.

Should there be delays on client approval of concepts, receiving of content by Eightball Media or if the website is placed on hold for unforeseen reasons there may be additional fees should any website software updates need to occur. Should there be any technical updates required such as server, software or plugins after the start of development, separate charges may be made by Eightball Media.

 

Agreement
Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for three (3) months after both parties sign this contract. After that time, Eightball Media may have to requote pricing.

 

Initial Payment and Refund Policy
Web development projects begin with a non-refundable initial payment. No portion of this initial payment will be refunded.

If the client halts work and applies by email for a refund within 10 days, work completed shall be billed at the hourly rate of $175 ex. GST per hour, and deducted from any payments made beyond the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate of $175 ex. GST per hour. The client agrees to the terms of this agreement on behalf of his or her organization or business.

 

 

Web Hosting Terms & Conditions
This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Web hosting services provided by Eightball Media (the “Services”). In this Agreement, “Client”, “you”, or “your” means you. By signing a web hosting agreement, you acknowledge that you have read the Agreement, and you agree to its terms and conditions. As referred to in this Agreement, “Site” refers to a World Wide Web site and “Eightball Media Site” refers to the Site located at the URL https://www.8bm.com.au, or any other successor Sites owned or maintained by Eightball Media.

 

1. Appropriate Use of The Service
Eightball Media provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
• Client Content – Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client – or through Client by a third party – to any Eightball Media server in connection with Client’s use of the Services which:
o violate any state, federal or foreign laws or regulations
o infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of Eightball Media or any third party
o are defamatory, slanderous or trade libelous, threatening or harassing content of any type
o proxy server software (any type) used to hide users IP or cache content
o are discriminatory based on gender, race, age or promotes hate
o contain viruses or other computer programming defects which result in damage to Eightball Media, it’s servers or any third party
• Disk Space/Data Transfer -The Client may occupy only the amount of disk space on the Eightball Media Server and utilize no more than the network data transfer that is allocated by Eightball Media. Additional fees will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
• Spam Policy – Client shall not use our Services for chain letters, junk mail, spamming, bulk mailing (more than 100 recipients) or any use of distribution or mailing lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices that mention or reference any domain hosted on Eightball Media servers or parked on Eightball Media DNS servers.
• Server Loads – Client agrees that any hosting account that uses excessive CPU or Memory resources (25% or more) for a sustained period of time (ten minutes or more) may be suspended at any time without notice. Eightball Media reserves the right to terminate sites that are repeatedly using excessive resources at any time with prior notification. Eightball Media will provide the offer to upgrade the site to a larger hosting plan on Eightball Media services.
• Back-Up Files and Processing – Eightball Media takes steps to safeguard the Eightball Media Servers and the data contained there-in, however Eightball Media will not be responsible for any loss of Client data stored or intended to be stored on the Eightball Media Servers and/or back-up devices. The Client will not be entitled to any form of compensation from Eightball Media in the event of data loss. You as the client are responsible for your own backups. Whilst Eightball Media actively performs a variety of backups, there may be times when the backups fail or become unavailable. As such the final responsibility for all your data stored on Eightball Media Servers is ultimately your own. By acknowledging and signing a web hosting agreement you free Eightball Media from any legal action in the event of data loss and you agree that you will not be entitled to any form of compensation for said loss.
• Software Updates – The client agrees that applications and scripts running on the server are the responsibility of the client and must be kept reasonably up-to-date. Failure to do so may expose our servers to possible exploits.

 

2. Payment Obligations
• Service Fees – Eightball Media shall either (i) debit the Client’s credit card/bank account (when such information is provided by the Client), or (ii) produce an invoice which will be delivered to the Client by email with additional payment methods. The account will be automatically suspended if unpaid ten (10) days after the due date, and a notice will be issued advising of the suspension. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Eightball Media and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, unless a contract is in place, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Unless the client terminates this Agreement in accordance with Section 4 hereunder, payments continues on a monthly basis. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Eightball Media for such Services, refunds will be issued for any unused full month portions less one month of the Services upon Clients request. Therefore, if the Client’s account is cancelled at any point during the one (1) year term, the Client will be entitled to a refund for all but one of the full months remaining after notice given by the 25th of the preceding month.
• Late payments – Any payment not received within 10 days after due date may incur a late payment fee of $5.50. Customer also shall pay to Eightball Media all expenses incurred by Eightball Media in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable Solicitors fees and the fees of any collection agency retained by Eightball Media.
• Refunds – Web hosting customers of Eightball Media are eligible for a 30 day full money back guarantee. Should the customer choose to take advantage of the 30 day money back guarantee, all monies the customer paid for their hosting services will be refunded to them. If the customer has paid their fees via money order or cheque, a cheque will be issued and sent to the customer’s address on file. Note: this policy does not apply to domain names or SSL certificates.

 

3. Client Liability and Indemnification
• Liability – The parties agree that in no event shall Eightball Media be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Eightball Media from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.

 

4. Terms, Termination & Reinstatement
• Terms & Termination – Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the provisions of this Section 3. Either party will have the right to terminate this Agreement upon notice to the other party. All cancellation requests from Client must be received by the 25th of the respective month of cancellation. Sections 2 – 6 shall survive termination or expiration of this Agreement. Eightball Media reserves the right to refuse service to anyone. Eightball Media, in its sole discretion, may immediately terminate this Agreement.
• Suspension – If Eightball Media suspends any type of account for non-payment, Client shall be allowed to re-instate Client’s use of the Services within Five (5) business days of suspension upon approval from Eightball Media and the receipt of full payment of balances due.
• Termination – Written notice to terminate a hosting account should be sent to [email protected] at least 7 days prior to the next billing cycle. If a Client terminates their account, Eightball Media will disable and remove the account(s). This usually happens within 2 days of when the client specifies the cancellation to take place and all archives of the clients website(s) and files will be removed. Should the client be in arrears for 30 days or more, as per section 2, the clients site(s) may be terminated without further notice and Eightball Media may not maintain or provide an archival copy of the Clients Web site(s) or files of any type. It is the sole responsibility of the Client to backup and copy any data off the server prior to the date provided in their cancellation notice or termination date.

 

5. Disclaimer of Warranty
• Warranty – The services, including without limitation, all products and services displayed or offered in this agreement are provided to client on an ‘as is’ basis and without warranty of any kind. Eightball Media disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Without limiting the generality of the foregoing, Eightball Media specifically disclaims any warranty that:
o the services will be uninterrupted or error-free
o defects will be corrected as soon as possible
o there are no viruses or other harmful components
o the security methods employed will be sufficient

 

6. Limitation of Liability
• Limitations of Liability – In no event shall Eightball Media be liable for damages resulting from loss of data, profits, use of any Eightball Media products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder. In no event shall Eightball Media cumulative liability exceed an amount greater than one hundred dollars ($100.00).

 

7. Agreement
• Agreement – If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof.

This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Eightball Media. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees.

This Agreement is made under and shall be governed by the laws of Australia, except with regard to it’s conflict of law rules. This Agreement and Eightball Media’s policies are subject to change by Eightball Media without notice. Continued usage of the Services after a change to this Agreement by Eightball Media or after a new policy is implemented and posted on the Eightball Media Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Eightball Media Site for any changes or additions.

 

Last updated: 6/10/2022