Definitions
“The Client” shall be defined as the person or company with whom goods and services are to be supplied to.

Terms & Conditions
The following terms and conditions apply to all services offered by Flat Elephant Design. By ordering services from Flat Elephant Design you are agreeing to the following terms and conditions:

1. Flat Elephant Design reserve the right to refuse to construct a piece of work which may be judged as unfit due to content or otherwise. This includes, but is not limited by, work containing adult oriented material such as pornography, work which promotes hatred towards persons belonging to any ethnic group, religion or sexual orientation and work which infringes copyright or are contrary to Australian laws.

2. The acceptance of a commission shall be deemed as a contractual agreement between the client and Flat Elephant Design where agreement is provided either by email, telephone, mail or fax.

3. Flat Elephant Design cannot always guarantee to start work immediately on a commission but will arrange a date with the client as to when work can commence.

4. All material, both text and images, supplied by the client and used in the construction of the client’s work, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.

5. The copyright for all material provided by Flat Elephant Design, such as graphics, photographs, HTML code, and text, will remain the property of Flat Elephant Design until such time as payment has been made in full whereupon they will become the property of the client.

6. The client agrees to make available as soon as is reasonably possible to Flat Elephant Design all materials required to complete the work to the agreed standard and within the set deadline.

7. A non-refundable deposit of 50% is required with any standard project before any design work will be carried out.

8. Full payment is required before any print ready artwork will be supplied to the client, or to a Flat Elephant Design print supplier.

9. Once the work 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 work, as they have commissioned the work they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for the work, it is assumed that the project has been completed to the client's satisfaction and no refunds can be offered.

10. Any payment returned by the bank or credit card company will incur a $100.00 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the client.

11. Flat Elephant Design reserves the right to alter prices at any time without notice. If a client has commissioned any services from Flat Elephant Design prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.

12. Flat Elephant Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

13. Flat Elephant Design will not be liable for costs incurred, compensation or re-prints during the printing process once the final artwork has been agreed by the client and has been supplied to the print supplier.

14. The client is advised to check and approve all artwork proofs. If the client declines the opportunity to approve the artwork proofs, Flat Elephant Design will not be liable for any costs incurred, compensation or re-prints during the printing process due to print or artwork errors.

15. If, during the development, the client does not supply the content required in order to complete the commission within a reasonable amount of time, Flat Elephant Design will consider that the client wishes to cancel the commission.

16. Flat Elephant Design reserve the right to withdraw its services and cancel any contracts with the client at any given time. The company shall issue notice of such action in writing.

17. Flat Elephant Design makes every effort to design web pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed.

18. Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Flat Elephant Design cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.

19. Flat Elephant Design will initially place the client’s website on one of the Flat Elephant Design demonstration servers in order that the client may view and comment upon the website’s progress. When both Flat Elephant Design and the client agree that the website meets the criteria agreed during the commissioning process, Flat Elephant Design will invoice the client for the full amount due for the commission. On receipt of payment, Flat Elephant Design will publish the website on the client’s server, or provide the source code for the site via a download (or CD-ROM disc) for the client to upload.

20. Flat Elephant Design does not undertake to maintain or update a client’s website as part of the design commission. If a client wishes Flat Elephant Design to maintain or update a web site as a separate commission, Flat Elephant Design will negotiate with the client a maintenance contract appropriate to the amount of work required. Website maintenance may also be undertaken on a time and materials basis if the client so wishes.

21. Flat Elephant Design reserves the right to change or modify any of the terms and conditions.