All of the content and functionality of this website including the text, graphics, logo, icons and images are the exclusive property of the website owner and or its affiliates, is protected under the Australian and International Copyright Laws. All rights to the website are reserved, unless expressly granted.
The trademarks, design and logos displayed on the website are registered trademarks of the website owner. You are prohibited of attributing any information belonging to this website in any public medium for advertising or promotions purposes or reproducing any trademark belonging to this website.
Any unauthorised use of this website may give rise to claim for damages.
Your use of this website and any dispute arising from the use of his website is subject to the laws of the Commonwealth of Australia.
Your use of this website is governed by these Terms and Conditions
The material on this site has been compiled for your convenience. The website owner does not take any warranties regarding its accuracy, quality or completeness. We are entitled to make changes to the website material and are not obliged to notify you.
The website may contain the views and recommendations of third parties. Such third party inclusions do not reflect our views and the website owner is not liable for such third party material. Even though all material has been compiled in good faith, you should not solely rely on it when making decisions affecting your personal interest.
Links to other sites
The website may include external links to other websites for your convenience. The website owner does not take responsibility regarding the accuracy of any links provided or the accuracy of material provided within the linked website. In addition, we do not support any material provided on such sites unless expressly indicated.
Limitations to liability
The website owner is not liable for any loss or damaged incurred from the connection with your use of material linked to our website. This includes direct, indirect consequential and punitive damages that others may suffer, as well as loss of profit, business interruption or the loss of data.
Radiant Image Group Products and Services
Radiant Image Group includes:-
Radiant Web Design www.radiantwebdesign.com.au
Radiant Image Photography www.radiantimagephotography.com.au
Radiant Image Marketing www.radiantimage.com.au
Radiant Kids www.radiantkids.com.au
Radiant Health www.radianthealth.com.au
These are the general terms and conditions of supply of the RADIANT IMAGE GROUP products and services. (hereafter “RADIANT IMAGE”) Please read these terms and conditions carefully.
These terms and conditions apply to any or all of the products and/or services provided by RADIANT IMAGE to you from time to time. RADIANT IMAGE products and services include Photography, Graphic Design, Corporate Training, Workshops, Business Strategies, Domain Name Registration and Renewal, Web Development, Web Design, Website Hosting, Email Services, Search Engine Optimisation, Online Marketing, Offline Marketing, Google Adwords and E-Commerce Solutions.
Website Implementation / Design
All costs quoted are approximate only based on RADIANT IMAGE ‘s understanding of the requirements as outlined in communications between the customer and RADIANT IMAGE . Times and fees may vary due to items such as customer time delay, inconsistent data / database structures, inconsistent image format and quality, client changes etc. The customer will be charged for additional costs incurred by RADIANT IMAGE due to unforeseen / unspecified circumstances. The customer is to pay for any completed work in full before any new jobs commence. If the customer destroys or tampers with the original website and requires fixing then RADIANT IMAGE shall repair or re-instate the website at the RADIANT IMAGE standard hourly rate. RADIANT IMAGE ‘s assessment of allocation of Design and Development and Customer Support hours are final and not open to discussion or negotiation. All quotes are based on one design of the website by RADIANT IMAGE where a meeting will be set with the customer. In this meeting client can make as many changes as needed, RADIANT IMAGE will confirm these changes by email and will implement these changes, any changes after this will be done an hourly bases or on a new quote. When the final invoice for the order is issued to customer, the customer must inform RADIANT IMAGE in writing within 7 days of any discrepancies as otherwise the order is considered to be completed and all further amendments will be charge according to RADIANT IMAGE ’s hourly rates.
Web Development Pre-payment
For any web design work to commence, payment of 1/2 of the quoted total is required on signing of the Development Agreement. The balance is payable 30 days thereafter or upon completion of the project (whichever is sooner) unless otherwise agreed. Any deadlines or completion dates mentioned in any web development proposal or development agreement are indicative only and to be used as a guideline for progress.
All website development, design and copywriting by RADIANT IMAGE on behalf of a “customer” remain the property of the “customer” at all times once full payment has been received. IP and copyright remains with RADIANT IMAGE.
Website Development Hours
Website Development and design hours including marketing packages, are valid for a period of 6 months from the date of purchase.
All Websites designed and developed are optimised for viewing in `Internet Explorer 6` or higher , Chrome, Firefox, Opera and Safari. Most websites are built mobile responsive, however this is not guaranteed unless specifically requested by customer. A Creative Brief must be filled out and all requests for colour and design as well as changes is to be in writing. If a website is built using these parameters in the Creative Brief and the client changes their mind, charges will apply according to how much work needs to be redone.
WEB HOSTING / INTERNET ACCESS
Web Hosting Fees
Web Hosting costs generated by the Website and/or Email will be invoiced in advance and are payable 14 days from the invoice date. Extra Data Traffic costs are invoiced in arrears and are payable 14 days after the invoice date. Failure of payment will result in suspension of account.
Internet Access Fees
Internet Access Plans are invoiced in advance. Any extra hours or extra data traffic used is invoiced in arrears and is payable 14 days after the invoice date. Failure of payment or breach of RADIANT IMAGE’s Acceptable Use Policy will result in the suspension of your account. RADIANT IMAGE reserves the right to charge a reconnection fee.
Extra Data Traffic Assessment
RADIANT IMAGE’s assessment of Extra Data Traffic and extra Internet access hours is final and is not open to discussion or negotiation.
Reasonable use for a Website with respect to data traffic and data storage is defined as, a business Website for promoting and providing information on their products and services, extra data traffic costs may be incurred if the Website’s function is specifically for downloading or uploading files, is a portal, uses databases or data storage files. RADIANT IMAGE reserves the right to notify the customer in writing, of any extra data or storage charges it may need to charge with 1 months notice.
Variation to Ongoing Fees
RADIANT IMAGE reserves the right to vary any ongoing costs from time to time, including but not limited to Web Hosting and Online marketing packages.
Web Hosting, Email and Internet Access Services
We agree to hold a backup copy of your website as it stands once completed. You agree that you are solely responsible for the ongoing back-up of your data, and any other files (including, without limitation, email files and order information, your website content including product information, images, text, documents).
You agree that RADIANT IMAGE or RADIANT IMAGE’s third-party service providers may be required to perform maintenance to maintain the continuous operation of the services, which may affect the operation or functioning of RADIANT IMAGE’s services. We will attempt to provide you with notice of the maintenance downtime, except when circumstances beyond the control of RADIANT IMAGE prevent us from doing so.
Acceptable Use for emails with respect to email traffic and email storage is defined as business emails for promoting and providing information on their products and services and notifications of a business nature within the business and to entities with whom the business deals. To ensure that RADIANT IMAGE can supply the best possible service including a limiting of spamming and viruses, bulk mail outs and large data carrying emails, there are acceptable sending limits per email account in any one period. This will take into account acceptable limits relating to number of emails and number of recipients. A disk quota limit of 50Mb per email account is allowed. If the disk quota is exceeded for a period of time, RADIANT IMAGE reserves the right to notify the customer to reduce the amount of data stored and the customer shall oblige.
RADIANT IMAGE cannot guarantee your Website and or Web pages will be accepted and listed within the search engines. RADIANT IMAGE submits your listing to major FREE search engines unless specifically stated otherwise.
RADIANT IMAGE will try to improve the position of your Website in the Search Engine results in response to any search request, however RADIANT IMAGE does not warrant that this effort is in any way guaranteed. RADIANT IMAGE cannot be held responsible for any changes to the position of your Website in the Search Engines results, as a consequence of any work RADIANT IMAGE has performed on or for your website.
Any special accounts that are setup on behalf of a client, such as, but not limited to, a Google Analytics or Google Adwords are not transferrable or accessible by the client at any time. Once the services are terminated with RADIANT IMAGE the account will not be accessible by the client.
WE ALL NEED TO ACKNOWLEDGE MARKETING IS A RISK
Your business acknowledges and agrees that it is accepting advice, direction and execution of the Services from RADIANT IMAGE at its own risk.
To the maximum extent permitted by law, RADIANT IMAGE disclaims all conditions and warranties, express or implied, in respect of the Services. Where the law precludes such exclusion and implies certain conditions and warranties into this Agreement, the liability of RADIANT IMAGE for breach of such condition or warranty shall be limited to supplying the Services again, at no cost. Nothing done in pursuance of this clause shall constitute an admission of liability by RADIANT IMAGE. To the maximum extent permitted by law and except as expressly provided to the contrary in this Agreement, RADIANT IMAGE shall not be under any liability (contractual, tortious or otherwise) to Your business in respect of any loss or damage (including, without limitation, consequential loss or damage) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the supply of goods or services pursuant to this Agreement or any act, failure or omission of Strategy and Action.
To the maximum extent permitted by law, Your business will not make (and expressly waives any right they may have to make), any Claim against RADIANT IMAGE or any of their respective Representatives under the Trade Practices Act (including sections 51A and 52 of that Act), or the corresponding provision of any other federal, state or territory enactment of Australia, for any statement or representation directly or indirectly concerning the supply of goods or services pursuant to this Agreement or any act, failure or omission of RADIANT IMAGE.
Your business agrees and acknowledges that:
(a) results from the Services are not guaranteed; and
(b) payment of RADIANT IMAGE’s Invoices is not contingent on achievement of any minimum result.
Payment of Setup, Reporting & Consultancy Fees
All Setup, Reporting & Consultancy Fees are payable in full in advance unless otherwise stated.
If you elect to pay by credit card, RADIANT IMAGE reserves the right to charge a payment processing fee which may vary from 1.9% to 3.25% depending on the credit card used
Invoicing of Ongoing Fees
Invoices for ongoing fees are delivered electronically via email notification. Invoices sent other than electronically, will incur a surcharge of $5.00 (excl. GST) per invoice issued, with the exception of any initial setup fee invoices.
If the customer has agreed on the Automatic Direct Debit Payment Method, using DEBIT SUCCESS, it is the customer’s responsibility to ensure that sufficient funds are available in order to avoid dishonoured transaction fees. The customer is also responsible to provide RADIANT IMAGE with valid Credit Card details and Direct Debit Bank Account Details and keep their details up to date. The customer shall be charged a Declined fee for any transaction that returns as unsuccessful or declined.
The customer shall be charged for a Declined Fee of $11.00(incl. GST) for any transaction incurring non-payment/declined status, including but not limited to, Direct Debit Credit Card and Direct Debit Accounts.
Recovery of Fees
You agree that in the event of any action being taken by RADIANT IMAGE to recover any overdue amount due to it under these terms and conditions, any RADIANT IMAGE Order forms, including but not limited to, the RADIANT IMAGE development agreement, online marketing agreement, ADSL agreement or hosting agreement, any costs incurred by RADIANT IMAGE in recovering the debt including, without limitation, any legal expenses, collection agency charges or any other reasonable associated costs incurred by RADIANT IMAGE are payable by you to RADIANT IMAGE.
Post-Debt Collector Accounts
If your account had been in the care of RADIANT IMAGE’s Debt Collector Agency resulting in the outstanding amounts being settled and you still require RADIANT IMAGE’s products and services then you will be required to commit to RADIANT IMAGE’s Automatic Direct Debit Agreement in order for RADIANT IMAGE to service you further. RADIANT IMAGE reserves the right to refuse to provide any service to the customer who had/has a post-debt collector account without providing reason to the customer.
Suspension of Account
Failure of payment by the due date for any invoice shall result in de-activation of client website, email and internet access services. A reconnection fee shall be charged to re-activate those services.
A Reconnection Fee of $59.50 shall be charged for RADIANT IMAGE to reconnect any previously deactivated services due to non-payment of account by the due date.
Debit Success is the most common way clients chose to pay for the products and services we offer. A once off $10 fee is charged to set up your account. We then take the deposit directly via credit card, direct deposit or cheque and the follow up payments are contractually drawn up to be taken out of your specified account at the time you also specify. A 4% service fee is charged on top of fees owed to RADIANT IMAGE to allow for this payment plan. Payments automatically stop at the end of your contract.
Customers can align payment with income so you know you’ll always have money in your account. Choice of Fixed term or flexible arrangement. Your customer can be assured that their bank account and/or credit card details are secure when held by Debit success. Debit success maintains professionalism and integrity throughout its entire billing process. As Australasia’s largest independent full service Direct Debit initiator, the company adheres to the standards of PCI DSS (Payment Card Industry Data Security Standard), is an Authorised Representative (AR407894) of Transaction Services Holdings Limited (AFSL 338256) within the Australian Financial Services Licensing Regime, and we are also externally audited.
Debitsuccess follow up any payment reversals with a courtesy call to your customer the very next day advising them of the reversal. In this way your customer is alerted to the state of their account and can look to avoid expensive bank fees as well as make an arrangement to bring their account up to date ASAP.
Ability to pay account off early. Should you request, Debitsuccess can collect more than your required instalment so your liability is paid off earlier. Debitsuccess is committed to protecting your personal information. When we have contact with you concerning the collection of fees that are due to our clients, you know that we will only use your personal information in accordance with this privacy statement. see privacy statement
BOTH PARTIES’ INTELLECTUAL PROPERTY RIGHTS ARE IMPORTANT
Your business agrees that the Services and any related intellectual property, copyrights, moral rights, ideas, strategies, concepts, creative product, and other information (“the Intellectual Property”) developed by RADIANT IMAGE remains the property of RADIANT IMAGE and may be used again by RADIANT IMAGE for any purpose RADIANT IMAGE deems appropriate.
After expiry or termination of our business Agreement Your business is authorised to use the Intellectual Property subject to the following terms:
(a) the nature and content of the Intellectual Property must be kept confidential by Your business;
(b) the Intellectual Property can only be used by Your business in its own business.
RADIANT IMAGE agrees to keep all information given to it by Your business confidential. Your business authorises RADIANT IMAGE to give Your business’ information to any third party that in RADIANT IMAGE’s opinion is necessary for the Services.
YOU’RE NOT LOCKED IN – TERMINATION IS STRAIGHT FORWARD
RADIANT IMAGE can terminate this Agreement at any time for any reason upon providing 24 hours written notice to the Your business.
Your business can terminate this Agreement at any time for any reason upon providing 24 hours written notice to Strategy and Action providing that:
(a) RADIANT IMAGE’s outstanding invoices are immediately paid;
(b) Any invoices issued by third parties or third party invoices paid by RADIANT IMAGE on Your business’ behalf are immediately paid.
In the event that the Agreement is terminated, Your business agrees that RADIANT IMAGE can issue an invoice or invoices for the work completed to the date of termination on any current projects for Your business.
Termination of Services
Your business may, at any time, terminate any service by providing RADIANT IMAGE with one (1) month prior notification in writing for disconnection or cancellation of service/s. Therefore services will be cancelled at the end of the following month from date of receipt of disconnection or cancellation. All costs incurred up until this notification is received will be charged as outlined in this Agreement. Any Hosting fees, eMarketing Fees, SEO fees, or services paid in advance for that service which is being cancelled shall be forfeited. The customer needs to request for Deletion or closure of client accounts in writing and the client account must be fully paid with no outstanding amounts owing.