TERMS & CONDITIONS

Please read below important information about working with One5 Digital (OK PATEL TRUST).

GENERAL

By making your first payment to One5 Digital (OK PATEL TRUST) you are confirming that you have read, and are in agreement with,
the terms and conditions outlined below.

DEFINITIONS

One5 Digital (OK PATEL TRUST), We: One5 Digital (OK PATEL TRUST) Client, You, Your: The person or entity requesting the services of
One5 Digital (OK PATEL TRUST) Pty Ltd. Website: This term is used for all electronic media design. Including, but not limited to, micro
sites, virtual tours, interactive maps, e-books, e-brochures, Content Management Systems. Project: Refers to anything that is created
by One5 Digital (OK PATEL TRUST). Including, but not limited to, graphic design, website design, photography, video and programming.

COMMUNICATION, REQUESTS, APPROVALS AND SIGN-OFF

One5 Digital (OK PATEL TRUST) accepts emails as a legally binding form of communication. All project requests; approvals and final
sign-off should be made via email even if verbal confirmation was given.

QUOTATION

• 1. Before a project quotation can be given, One5 Digital (OK PATEL TRUST) requires a full project brief to be supplied by the client. A PDF document
  entitled One5 Digital (OK PATEL TRUST) Design Brief Guide will be supplied to help you with creating your project brief.
• Quotes are valid for 30 days from the date of issue.
• 3. If the quote is not accepted via an email confirmation within the 30 days, and project deposit not paid (see Payment Terms), then a new quote
  must be obtained. Fees may change due to material costs or One5 Digital (OK PATEL TRUST) fee alterations.
• 4. Should the client make any variations or additions to the design brief after receiving the quotation, or during project development, then a new
  quote must be obtained.
• 5. All prices quoted are estimates only. Quotations are based upon projected working hours and costs of materials at the time of quotation and
  are subject to amendment to meet any rise or fall in such rates/costs.

PAYMENT TERMS

• 1. The full project cost above $10,000 is split into three payments of 50%, 25%, 25%. Else 50%, 50%
• 2. 50% deposit is required, plus all content and materials (see Supply of Content), before any work commences on the clients project.
• 3. 25% milestone payment is required at concept acceptance. Work will continue on the project after payment has been received. For projects
  where concept work is not necessary One5 Digital (OK PATEL TRUST) will determine the milestone date.
• 4. 25% final payment is due before receipt of finished artwork or website going live. Proofs or full working demonstrations will be shown for client’s
  final approval at this stage. Client must officially sign-off on finished artwork via email.
• 5. No finished artwork will be supplied, nor will a website go live, until final payment is made.
• 6. The client agrees to make payments within 7 days or 14 days respective of the invoice.
• 7. One5 Digital (OK PATEL TRUST) would like to note that it prioritises early paying clients. Also, One5 Digital (OK PATEL TRUST) reserves the right to
  cease production of a project for clients who have not paid. Said project may also be placed at the bottom of the list of priorities.
• 8. An urgency fee (double the current hourly rate) will be charged to any client requesting work within a time frame that One5 Digital (OK PATEL
  TRUST) regards as short notice.
• 9. One5 Digital (OK PATEL TRUST) also reserves the right to suspend services or remove a website from being live should payments be overdue.
  In such an event, the client is still liable for the costs to date.
• 10. Should the client wish to cancel a project or service at any stage then the client is liable for the cost of any work completed to date.
  Cancellations should be made via email even if verbal confirmation was given.
• 11. Following consistent non payment of an invoice One5 Digital (OK PATEL TRUST) will seek legal action.

SUPPLY OF CONTENT

• 1. If your company has a Style Guide, regardless of how simple or complex it may be, then it is imperative that we receive this information at the
  beginning of the project in order to help us maintain the continuity of YOUR brand. If this information (or similar) is supplied after work has begun
  then penalty fees may apply for any work needing to be re-created or edited.
• 2. All written content MUST be supplied in electronic format (Word document, email, or similar). You will be solely responsible for the content of
  your project. One5 Digital (OK PATEL TRUST) is not responsible for proofreading any content.
• 3. All supporting visual material such as logos and images should be emailed to One5 Digital (OK PATEL TRUST) if possible. If file sizes are too large
  then we can accept a CD or DVD delivered to our address. (see company address 21 Eagleridge Prom, Tarneit).

CONTENT LIABILITY

• 1. The client is solely responsible for the integrity of the written and/or visual content of any project that One5 Digital (OK PATEL TRUST) is requested
  to create. The client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphics, registered company logos,
  names and trademarks or any other material supplied by the client. Supply of aforementioned material by the client shall be regarded as a
  guarantee by the client to One5 Digital (OK PATEL TRUST) that all such permissions and authorities have been obtained.
• 2. Clients are required to ensure that all content meets the current Australian legislation regarding publications.
• 3. The client shall indemnify One5 Digital (OK PATEL TRUST) in respect of any claims, costs and expenses that may arise from any material included
  in their project by One5 Digital (OK PATEL TRUST) at the client’s request.
• 4. Any project content you supply to One5 Digital (OK PATEL TRUST) to be used in any form, you hereby warrant that these do not infringe the rights
  of third parties and indemnify One5 Digital (OK PATEL TRUST) against any action taken against One5 Digital (OK PATEL TRUST) by any such third
  party.
• 5. One5 Digital (OK PATEL TRUST) reserves the right not to include any material supplied by the client if One5 Digital (OK PATEL TRUST) deems it
  inappropriate or offensive.

PROJECT TIMELINES/DEADLINES

• 1. One5 Digital (OK PATEL TRUST) endeavours to respect all project timelines discussed with the client. However, all timelines provided by One5
  Digital (OK PATEL TRUST) are estimated on a pre-determined length of time that One5 Digital (OK PATEL TRUST) considers realistic for the
  completion of said project without any unforeseen problems. The timeline is an estimation and not a 100% guarantee that the project will be
  complete by that date.
• 2. All project content is required before the project start date. If the client does not provide ALL content before this date then all timelines discussed
  are void.
• 3. If a client requests changes or additions outside of the original brief during project development then all timelines discussed are void.
• 4. Clients should be aware that providing content one day late does not simply add one day to the timeline. One5 Digital (OK PATEL TRUST) will
  begin the next project in line where ALL content has been provided and the original project will be placed further down the queue.
• 5. One5 Digital (OK PATEL TRUST) will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

TYPICAL PROJECT PROCESS

INITIAL PHASE

WEBSITE SPECIFIC INFORMATION

Domain name registration

Hosting (with One5 Digital (OK PATEL TRUST))

If you choose to host your website on a 3rd party server then One5 Digital (OK PATEL TRUST) would like you to consider the following:

• 1. Your chosen server may not be compatible with some of the code in the website that we design for you. Especially if your website makes use of
  a database.
• 2. One5 Digital (OK PATEL TRUST) does not offer technical support for 3rd party servers.
• 3. One5 Digital (OK PATEL TRUST) will charge an hourly rate for any work involving the 3rd party server.

Website/server errors and liabilities

One5 Digital (OK PATEL TRUST) will endeavour to ensure that your website and any scripts or programs are free of errors but cannot
accept responsibility for any losses incurred due to malfunction.

Website/server Hacking

One5 Digital (OK PATEL TRUST) cannot be held responsible for any hacking, malicious code or illegal activities of a third party that
affect the Client’s website.

Software Hosting

One5 Digital (Ok Patel Trust) will host all the software designed by one5 digital. It's a custom software and IP rights belongs to One5
Digital.

SEARCH ENGINE OPTIMIZATION(SEO)

• 1. One5 Digital (OK PATEL TRUST) offers no ranking guarantee for your website on Search Engines.
• 2. Your website will be generated with the basic level of SEO using meta-tags for descriptions and keywords.
• 3. Comprehensive SEO campaigns are available.

CONTENT MANAGEMENT SYSTEM (CMS)

• 1. Certain components of our CMS are the intellectual property of One5 Digital (OK PATEL TRUST) and we require all websites we create with a CMS
  to be hosted on our servers.
• 2. If a client wishes to take their website to a 3rd party server they will need to pay a fee (day rate) to One5 Digital (OK PATEL TRUST) for the rights
  to use the intellectual property on another server. Or One5 Digital (OK PATEL TRUST) can strip certain components from the CMS and the 3rd party
  company can re-style or re-program the missing elements.

GRAPHIC DESIGN/PRINT SPECIFIC INFORMATION

• 1. It is the client’s responsibility to make sure all information is correct before going to print. A proof will be provided for final approval. If errors are
  found after printing, the client is still liable for payment.
• 2. One5 Digital (OK PATEL TRUST) uses the services of a 3rd party company for printing. The 3rd party may change from project to project. One5
  Digital (OK PATEL TRUST) is under no obligation to divulge the identity of the 3rd party printer.
• 3. The client is welcome to source their own printer but is then responsible for forwarding all printing specifications to One5 Digital (OK PATEL TRUST)
  BEFORE the design of the project commences.
• 4. Print colour may vary from print run to print run and/or from job to job or from front to back. It will almost definitely vary slightly between
  different print stock depending on the absorbency of the paper, the differences between matte and gloss and other factors.
• 5. Colours will definitely vary from screen to print. Unless a specific colour code is provided One5 Digital (OK PATEL TRUST) will endeavour to match
  the colour from screen to print to the best of our ability.
• 6. One5 Digital (OK PATEL TRUST) take no responsibility for errors or colour matching based on materials from 3rd party design agencies.

PERMISSIONS, COPYRIGHT AND INTELLECTUAL PROPERTY

• 1. All project creation files, including programming code, created by One5 Digital (OK PATEL TRUST) remains the intellectual/creative property of
  One5 Digital (OK PATEL TRUST).
• 2. One5 Digital (OK PATEL TRUST) also retains copyright of all original project design/graphics/photography/video and programming code (unless
  specifically agreed) and may only be commercially reproduced or resold with the permission of One5 Digital (OK PATEL TRUST). The client is
  permitted to use this material only as expressly authorised by One5 Digital (OK PATEL TRUST).
• 3. One5 Digital (OK PATEL TRUST) cannot take responsibility for any copyright infringements caused by materials submitted by the client.
• 4. One5 Digital (OK PATEL TRUST) reserve the right to re-use technical components developed during a project and will retain intellectual property
  rights on each development.
• 5. One5 Digital (OK PATEL TRUST) shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute
  any item from your project unless specifically agreed otherwise. 6. One5 Digital (OK PATEL TRUST) observes Privacy Laws and Guidelines relating to
  personal data.

ERRORS, TECHNICAL SUPPORT AND MAINTENANCE

• 1. One5 Digital (OK PATEL TRUST) offers free technical support for websites hosted with One5 Digital (OK PATEL TRUST) (does not include hacking or
  malicious code related issues). Clients who host their website on a 3rd party server are required to contact the 3rd party company themselves for
  any technical issues. One5 Digital (OK PATEL TRUST) will charge an emergency rate for support on 3rd party servers.
• 2. One5 Digital (OK PATEL TRUST) does not offer technical support for the general use of your computer and any installed software there on.
• 3. From time to time, one of the many software/technical applications that a website uses to function may be upgraded by the 3rd party
  company, creating errors. One5 Digital (OK PATEL TRUST) will always endeavour to make sure that any website created by One5 Digital (OK PATEL
  TRUST), and hosted on our server, remains in a functioning order based on One5 Digital (OK PATEL TRUST) specifications.
• 4. One5 Digital (OK PATEL TRUST) takes no responsibility for loss of business due to server down time, errors or hacking.
• 5. One5 Digital (OK PATEL TRUST) is not responsible for your internet service, home or office IT, home or office networking, computers, 3rd party
  software/technology, faxes, printers, routers, home or office mail-servers, phones, PDA's, mp3 players, radio and TV transmissions, or any other
  technical/electronic devises. Clients are encouraged to contact the technical support department for the product purchased or the support
  department of the company used to install said devises at your location.

TECHNICAL SUPPORT IS AVAILABLE

Monday to Thursday 10am - 5pm AEST
Friday 10am - 3pm AEST
Email: prince@one5.com.au
Call: +61 0430 176 036

LIABILITIES

One5 Digital (OK PATEL TRUST) will not be liable or become involved in any disputes between the project owner and their clients or any
other 3rd parties and cannot be held responsible for any wrongdoing on the part of a project client.

YOUR (THECLIENTS) OBLIGATIONS

You:

• 1. Agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws.
• 2. Agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to
  interfere with, interrupt or disrupt the normal operating procedures of a computer.
• 3. Will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that
  may cause annoyance, inconvenience or needless anxiety.
• 4. Will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness
  or functionality of the Website is in any way impaired.
• 5. Will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights
  of intellectual property, rights of confidentiality or rights of privacy).
• 6. Agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will
  pursue such right, claim or action independently of and without recourse to One5 Digital (OK PATEL TRUST).

CHANGES TO THEE TERMS AND CONDITIONS

One5 Digital (OK PATEL TRUST) reserves the right to update these terms and conditions at any time without notice.