Terms of Service
Digital Jazz Communications is the name of my company. All work I do for clients out of my creative studio under both by Jordan in the Studio and Digital Jazz labels, are part of my Digital Jazz business and adhere to the below terms of service.
The below terms of service are current as of February 2018 and relate to all work carried out in agreement between Digital Jazz PTY LTD ACN 166 906 243 and my clients.
1. Obligations of Digital Jazz
1.1 Digital Jazz agrees to develop and maintain the brand, image and presence of the Client’s business through the use of digital and social media platforms and digital publishing.
1.2 Digital Jazz may, in order to perform these services, engage the services of graphic designers, artists, photographers, production companies, developers, videographers, and other necessary sub-contractors on behalf of the Client.
1.3 Digital Jazz agrees to advise clients on matters relating to the security of their website and/or owned digital assets. Further information on digital asset security can be read here. Should clients choose not to take this advice, they accept full ownership of their website and digital security and the cost of all actions related to website / asset recovery.
2. Warranties and Indemnities by Client
2.1 The Client warrants that it owns or is otherwise entitled to use the copyright or other intellectual property in any material provided to Digital Jazz in connection with the services to be provided by Digital Jazz and agrees to indemnify Digital Jazz and its employees, agents and contractors in respect of any claims made against Digital Jazz arising from a breach of this warranty.
2.2 The Client must indemnify and keep Digital Jazz indemnified in respect of any claims made by anyone arising from the performance by Digital Jazz of its services and obligations pursuant to this Agreement other than any negligence by Digital Jazz.
2.3 The Client must indemnify and keep Digital Jazz indemnified in respect of any claim arising from the content of material supplied by the Client and published by Digital Jazz in any digital format whatsoever.
3. Forms of publication by Digital Jazz
3.1 The Client acknowledges that Digital Jazz shall be the copyright owner of anything created by Digital Jazz in connection with the performance of the services under this Agreement and the Client agrees not to use such copyright material without the express written consent of Digital Jazz.
4. Basis and terms of payment to Digital Jazz
4.1 The fees payable by the Client to Digital Jazz are supplied as digital invoices and include a 7 Day terms of payment requirement. All projects require a 50% deposit to initiate work and at times Digital Jazz will reserve the right to request any additional third party costs are also paid up front. The client agrees to settle the remainder of the set fee to initiate the project release and completion phase (also 7 days).
4.2 If agreed project timelines are not kept or adhered to by the client, the client understands this will impact overall delivery and launch schedules and will indemnify Digital Jazz against any claims relating to delayed project delivery.
4.3 If an invoice remains unpaid for more than 14 days, Digital Jazz shall be entitled to terminate this Agreement and will have no further obligation to the Client.
5. Governed by the laws of New South Wales
5.1 This Agreement is governed by the laws of New South Wales and any litigation must be conducted in the Courts of New South Wales, Australia.