1.1 Company details. 224 CREATIVE PTY LTD (ACN 651 089 253) (the “Company”) trading as 224 INDUSTRIES (“224 Industries”) is a company registered in Queensland, Australia. We operate the website www.224industries.com.au, an online platform that provides digital design and development services (the “Services”).
1.2 Contacting us. To contact us, email us at email@example.com.
2.2 If you do not agree to these Terms and the Agreement, you must not use our Website.
2.3 If you fail to agree and adhere to these Terms and the Agreement contained herein, you will be expressly prohibited from using our Website and you are ordered to discontinue use immediately. Thereafter, the relationship between us and you shall cease and be of no force and effect, except to the extent of any obligation on your part to pay for the Services rendered by us.
2.4 Entire agreement. The Agreement, these Terms and any policies posted on the Website or regarding the Website constitute the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Terms.
2.5 Variation. We may amend these Terms and the Agreement and update and change our Website from time to time at our sole discretion. Every time you wish to use our Website, please check these Terms and the Agreement to ensure you understand the terms that apply at that time.
2.6 Language. These Terms and the Agreement are made only in the English language.
2.7 Your copy. You should print a copy of these Terms and the Agreement for future reference.
3. Access and Use of the Website
3.1 You must only use the Website through the interfaces provided by us and in accordance with these Terms, the Agreement and any applicable law.
3.2 You are responsible for ensuring that anyone who accesses our Website through your internet connection is aware of these Terms and that they comply with them.
3.3 We do not guarantee that the Website will be secure or free from bugs or viruses. You should use your own virus protection and software.
3.4 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
3.5 You must not (or attempt to):
(a) interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our Website or the servers or networks that host our Website;
(b) use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our Website;
(c) interfere (or attempt to interfere) with security-related or other features of our Website; or
(d) use, copy or distribute content on our Website without our express permission; or
(e) upload or transmit any material that acts as a passive or active information collection or transmission mechanism; or
(f) disparage, tarnish or otherwise harm us and the Company; or
(g) use the Website in a manner inconsistent with any applicable laws, statutes or regulations; or
(h) use the Website in an effort to compete with us;
(i) bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof;
(j) circumvent, disable or otherwise interfere with security-related features on the Website.
3.6 You must not establish a link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. If you wish to link to or make any use of content on our Website other than that set out above, please contact firstname.lastname@example.org.
3.7 We reserve the right to monitor the Website for violations of these Terms. We may refer fraudulent or abusive or illegal activity to the relevant authorities and/or take appropriate legal action in response to a violation of these Terms and any applicable law or regulation.
3.8 We further reserve the right to restrict or deny access to the Website at our sole discretion, without notice or liability to you.
3.9 We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
3.10 We make no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website. The Website is provided on an as-is, as-available basis. You hereby agree that its use of the Website are at your sole risk.
4.1 By signing up for a Subscription, you agree to the terms outlined here as well as any other conditions specified during the sign-up process.
4.2 The prices for our Subscription service is as advertised on our Website at the time of your subscription. Prices may vary depending on the package or level of service you select.
4.3 We reserve the right to alter our prices at any time. Any change to our pricing structure will be updated on our Website. Any ongoing subscribers will be notified in writing.
4.4 All prices are exclusive of applicable taxes unless otherwise stated.
4.5 The specific services and features included in your Subscription will be as advertised on our Website at the time of your sign-up. Any additional services or features not explicitly mentioned as part of your Subscription tier may be available for an additional fee.
4.6 Any services, features, or benefits not explicitly mentioned under your Subscription tier on the Website may be deemed exclusions at our sole discretion. Exclusions will require separate fees if you wish to avail them.
4.7 All Subscription fees will be charged on a monthly basis via direct debit and your Subscription is automatically renewed unless terminated by either party.
4.8 Each Subscription purchase is for an individual user or entity only.
4.9 Payments to us shall be made through the Stripe payment processing platform.
5.1 Request for Services. All service requests should be submitted through your client portal for us to complete the Services. We reserve the right to accept or reject service requests at our discretion. We will notify you of the reason we are unable to accept a service request.
5.2 Supply of Services. Services will be provided as long as your Subscription is active. Our Fair Use Policy, as described in clause 5.4, applies to all Services rendered.
5.3 Commencement of work. Commencement or execution of work pursuant to the service request shall establish a contract for the supply and purchase of the Services on these Terms and the Agreement.
5.4 Fair Use. The Services are provided with a fair use policy designed to prevent fraud and abuse of the Services provided by us. For illustration purposes only, the following use will not be considered as a legitimate use of the Services; any use of the Services in a manner that may expose us to criminal or civil liability; or re-selling the deliverables; or placing undue demands on our resources of staff with unreasonable or excessive requests; or requesting unreasonable amounts of work within short time frames; or consistently exceeding the workload limits typical for your Subscription tier. We reserve the right to define ‘excessive’ and ‘unreasonable’ usage based on factors such as frequency, duration, and nature of requests.
5.5 Warranty. All warranties, conditions and other terms implied by statute or common law in the supply of the Services and the deliverables in relation to Projects are, to the greatest extent permitted by law, excluded from these Terms and the Agreement.
6.1 We reserve the right to deny refunds at its absolute discretion and without notice or liability to you. Refund requests are assessed on a case-by-case basis. Should you request a refund during the first month of use, all materials produced by us are owned by us and are prohibited from being used by you in any way.
6.2 If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period.
6.3 We reserve the right to take appropriate legal action against you for breach of this clause.
7.1 Service Descriptions. The descriptions or illustrations on our Website serve solely as approximations of the Services we offer and do not have contractual force.
7.2 Service Provision. We provide our Services based on the specifications shown on our Website at the time of your service request. However, the Services are offered “as is”, and while we strive for accuracy, there may be instances where there are discrepancies.
7.3 Changes to Services. We reserve the right to modify, amend, or change the specifications or nature of our Services at any time.
7.4 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill. We will use all reasonable commercial efforts to meet the service levels described in the service request but we do not guarantee that a service request will be resolved within any specified period as completion of the service request may be beyond our control and/or may require a longer period of time to complete.
8.1 It is your responsibility to ensure that:
(a) the terms of your service request are complete and accurate;
(b) you cooperate with us in all matters relating to the Services;
(c) you provide us with such information and materials we may reasonably require in order to supply the Services (including but not limited to data, information, software or other materials which we will require to use, access, convert, configure, modify or host in the supply of the Services) (the “Customer Materials”), and ensure that such information is complete and accurate in all material respects and do not infringe on or misappropriate any third party’s rights, including but not limited to, all intellectual property rights and any right of publicity; and
(d) you obtain maintain all necessary licences, permissions and consents from third parties which may be required for the Services.
8.2 We will inform you if there are one or more fonts that are not owned by us which are utilised in the supply of the Services and the deliverables (“Third Party Fonts”). You will then be required to purchase one or more licenses to legally reproduce, distribute, or publicly display such Third Party Fonts in the deliverables. In the notice that will be furnished by us, we will include the details of the licenses that are required to be purchased and the points of contact to purchase the licenses. By accepting these Terms and the Agreement you hereby assume responsibility for any failure to purchase licenses for the Third Party Fonts as informed by us.
8.3 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clauses 8.1 and 8.2 (“Your Default”):
(a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the contract between us;
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
9.1 We are able to perform the Services if you are from anywhere in the world including Australia, EU, Asia or any other region of the world.
10.1 You are able to submit any questions, comments, suggestions or other forms of feedback or submission in relation to the supply of the Services (the “Submissions”) to us.
10.2 The Submissions made by you will be our sole property, and we have no obligation to keep such submissions confidential. We will be the sole and exclusive owner of all rights related to the Submissions except to the extent that any such Submission contains any Customer Materials.
10.3 By agreeing to these Terms and the Agreement, you waive all and any claims and recourse against us for the use of Submissions in accordance with these Terms and the Agreement.
11.1 Unless otherwise indicated, all intellectual property rights and all other rights in relation to all materials which are owned by us or licensed to us by third parties and used in the supply of the Services (including but not limited to information, website designs, software source code, databases, know how, photographs, text, audio, video and graphics of any nature and format and trademarks, service marks and logos) (“Our Materials”) shall be retained and vested with us.
11.2 To the extent that any of Our Materials requires to be used by you to enjoy the benefits of the Services rendered by us, we agree to grant you a fully paid up, worldwide, irrevocable, non-exclusive, non-transferable and royalty-free licence for the purpose of receiving and using the Services and such deliverables by you. You may not sub-license, assign or otherwise transfer the rights granted in this clause 11.2.
11.3 Subject to clauses 11.1 and 11.2, all intellectual property rights and other rights in relation to the Customer Materials, all design and original source filed created on your behalf in the supply of the Services to you and such deliverables (“Contract Materials”) shall be retained and vested with you.
11.4 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any Customer Materials provided by you to us for the purpose of providing the Services to you.
11.5 You grant us a fully paid-up, non-exclusive, royalty-free, non-transferable license to copy, modify, and showcase any Contract Materials for the purpose of providing the Services to you and for the promotion of our services, in accordance with the “Showcasing Work” clause.
12.1 We reserve the right to display and showcase the Contract Materials (and Customer Materials if required) on various digital platforms, including but not limited to social media, our website, and promotional materials, unless explicitly directed otherwise by you. If you wish to ensure the confidentiality of any Contract Materials and Customer Materials, you may execute a Non-Disclosure Agreement with us. Upon signing such an NDA, our right to display or discuss the Contract Materials and Customer Materials publicly will be rescinded.
By using the Website, you hereby represent and warrant that:
(a) you have the legal capacity and agrees to comply with these Terms and the Agreement;
(b) you are not a minor in the jurisdiction of their domicile;
(c) you will not use the Website for any illegal or unauthorised purpose; and
(d) use of the Website by you will not violate any applicable law or regulation.
14.1 We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
14.2 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our site; or
(b) use of or reliance on any content displayed on our site.
14.3 In particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage
15.1 You are liable to defend, indemnify and hold harmless us and all our respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(a) use of the Website;
(b) breach of these Terms and the Agreement;
(c) any breach of the representations and warranties provided by you set forth herein; or
(d) violation of the rights of any third party by you, including but not limited to intellectual property rights.
15.2 Notwithstanding the foregoing, we reserve the right to assume control and defend any matter for which you shall be required to indemnify us hereunder, at your expense. You hereby agree to cooperate with the defence of such claims.
16.1 If you are a consumer or a business, these Terms, the Agreement, their subject matter and their formation, are governed by the laws of Queensland, Australia. We both agree to the exclusive jurisdiction of the courts of Queensland, Australia to settle any dispute or claim arising out of these Terms, the Agreement, their subject matter and their formation, except that if you are a resident or a business domiciled outside of Australia.
16.2 Any dispute, claim or controversy arising between us and you, if you are consumer or business domiciled outside of Australia, such dispute, claim or controversy shall be referred to and finally settled by arbitration in Australia in accordance with the arbitration rules of the ACICA Arbitration Rules 2021 which are deemed to be incorporated by reference in this clause.
16.3 The arbitration shall be conducted before a sole arbitrator to be jointly appointed by the Parties. In the event the Parties are unable to agree on a sole arbitrator within fifteen (15) calendar days of the Dispute being referred for arbitration a sole arbitrator shall be appointed by the President of ACICA.
16.4 The arbitration proceedings shall be conducted in the English Language. Subject to the Parties’ agreement that the arbitrator shall also have the power to decide on the costs and reasonable expenses (including reasonable fees of its counsel) incurred in the arbitration, the Parties shall equally share the costs of the arbitrator’s fees, but shall bear the costs of their own legal counsel for the purposes of the arbitration.
16.5 The award of the arbitrator shall be final and conclusive and binding upon the Parties and non-appealable to the extent permitted by the laws of Australia.
Last updated: 12th October 2023