Loading

Please wait a few moments while the site loads.

Close popup POMO will not share your personal info with any 3rd party ever. Only if required by law will your details be disclosed. This site does not use cookies. You can browse and enter your details with confidence.

Close popup
Photo

NAME

TITLE



 

TITLE

TEXT

Close popup Site Credits

Creative Director: Stephen Burton
Art Director: Lindsay Tucker
Created by: Lindsay Tucker, Stephen Burton
Programming and Development: Nathan Brown
Copywriter: Stephen Burton
Image Retoucher: Danny Joslyn
Video Producer: Ben Amos
Photo Credit for POMO Studio Image: Lucas Muro www.lucasmuro.com.au

Close popup
Close popup
Menu

Terms & Conditions

OUR STANDARD TERMS AND CONDITIONS OF TRADE

 
1. ENGAGEMENT

Work is conducted in accordance to these terms and conditions which operate in addition to any other signed instrument between the parties. Where there is a conflict between these terms and a signed agreement these terms will take priority.

 
2. COMMENCEMENT OF WORK

Work can be undertaken in accordance to a verbal or written agreement providing instructions capable of being actioned by POMO. Work can be undertaken in accordance to a quote/fee proposal or estimate provided by POMO to the Client in writing or verbally. All work however commenced is undertaken in accordance to these terms and conditions.

 
3. FEES AND CHARGES

In consideration of the Services to be performed by POMO, the Client shall pay to POMO fees in the amounts and according to the quote provided by POMO to the Client in writing. Where no such written quote exists the fee for labour is charged hourly in increments of 15 minutes with 15 minutes being a minimum charge. The per hour labour fee is subject to change and subject to type of service being offered.

All invoices are payable within 7 days of the invoice date unless agreed otherwise.

Client shall be responsible for all collection or legal fees necessitated by lateness or default in payment. POMO reserves the right to withhold delivery and any transfer of ownership of any work overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights or ownerships are conditioned upon receipt of payment in full.

Where there is no fixed proposal for services or no payment schedule set within a proposal all work shall be billed as it is done, whether this completes a project or not. Where the project is not completed invoices shall be treated as progress payments toward the completed project. Should a scheduled or non-schedule progress payment not be paid on time work and timelines (including any timeline obligations) will cease until the required payment is made.

 
4. CHANGES

Unless otherwise provided in writing, and except as otherwise provided for herein, Client shall pay additional charges for changes requested by Client which are requested by the Client which exceed the quoted estimated range. This is payable at our standard hourly rate as noted above.

Such charges shall be in addition to all other amounts payable under the Proposal, despite any maximum budget, contract price or final price identified therein.

Any and all objections, corrections, changes or amendments shall be subject to these terms and conditions. In the absence of written notice from Client within 10 days, the work produced shall be deemed accepted and satisfactory to the Client in full.

 
5. CLIENT RESPONSIBILITIES

Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner:

(a) coordination of any decision-making with parties other than POMO

(b) provision of media in a form suitable for reproduction or incorporation into the work without further preparation, unless otherwise expressly provided for; and

(c) final proofreading and in the event that Client has approved the content but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, Client shall incur the cost of correcting such errors.

(d) on-time payment of all accounts

(e) review and approval of designs, drawings, plans, reports, strategies or any other work prepared by POMO for the Client

 
6. PROMOTION

POMO retains the right to reproduce, publish and display the work in POMO's portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the work in connection with such uses. Either party, subject to the other's reasonable approval, may describe its role in relation to the project.

 
7. CONFIDENTIAL INFORMATION

Each party acknowledges that it may receive certain confidential or proprietary technical and business information and materials of the other party, including without limitation Confidential Information. Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Proposal except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.

 
8. WARRANTIES AND REPRESENTATIONS

By Client. Client represents, warrants and covenants to POMO that:

(a) Client owns all right, title, and interest in, or otherwise has full right and authority to permit the use of media supplied for any design work
(b) to the best of Client's knowledge, the media supplied does not infringe the rights of any third party, and use of the media supplied as well as any Trademarks in connection with the Project does not and will not violate the rights of any third parties,
(c) Client shall comply with the terms and conditions of any licensing agreements which govern the use of any media supplied, and
(d) Client shall comply with all laws and regulations as they relate to the media supplied

By POMO:

The final deliverables shall be the original work of POMO and if relevant, its independent contractors.

Except for the express representations and warranties stated here, POMO makes no warranties whatsoever, POMO explicitly disclaims any other warranties of any kind, either express or implied to the maximum extent permitted by law, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the project.

 
9.INDEMNIFICATION/LIABILITY

Statutes and common law may imply warranties or conditions or impose obligations upon POMO which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on POMO and POMO's liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.

POMO shall not be liable for:

Any loss or damage of any kind whatsoever, arising from the supply of goods, materials or any work whatesoever by POMO to the client, including consequential loss whether suffered or incurred by the Client or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from goods, materials or work provided by POMO to the Client; and

The Client shall indemnify POMO against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of POMO or otherwise, brought by any person in connection with any matter, act, omission, or error by POMO its agents or employees in connection with the goods, materials or work.

 
10. FORCE MAJEURE

POMO shall not be deemed in breach of these terms or any term of any contract entered into between POMO and the client if POMO is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, death, illness or incapacity of POMO staff or any local, national or international law, governmental order or regulation or any other event beyond POMO's control (collectively, "Force Majeure Event"). Upon occurrence of any Force Majeure event, POMO shall give notice to Client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.

 
11. DISPUTES

The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of Queensland without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In the event of a dispute arising out of these terms the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through a forum mutually agreed to by the parties. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its attorneys' fees and costs. The parties hereby waive any jurisdictional or venue defences available to them and further consent to service of process by mail. Client acknowledges that POMO will have no adequate remedy at law in the event Client uses the deliverables in any way not permitted hereunder, and hereby agrees that POMO shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein.

 
NEXT >>>
 
 

INTELLECTUAL PROPERTY PROVISIONS

Client Content being media supplied by Client for design work including all pre-existing Trademarks, shall remain the sole property of Client or its respective suppliers, and Client or its suppliers shall be the sole owner of all rights in connection therewith. Client hereby grants to POMO a nonexclusive, nontransferable license to use, reproduce, modify, display and publish the Client Content solely in connection with Hanson Creative's performance of the Services and limited promotional uses of the Deliverables as authorised in this Agreement.

All Third Party Materials are the exclusive property of their respective owners. Client shall obtain the license(s) necessary to permit Client's use of the Third Party Materials consistent with the usage rights granted herein. In the event Client fails to properly secure or otherwise arrange for any necessary licenses or instructs the use of Third Party Materials, Client hereby indemnifies, saves and holds harmless POMO from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of Client's failure to obtain copyright, trademark, publicity, privacy, defamation or other releases or permissions with respect to materials.

Moral Rights in Original Artwork. POMO retains all right and title in and to any original artwork produced during the course of the project with the Client, including all rights to display this work and expressly reserves moral rights in this work to the extent permitted by Australian law.

Upon completion of the Services, and expressly subject to full payment of all fees, costs and expenses due, subject to the preceding paragraph, POMO hereby assigns to Client all right, title and interest, including without limitation copyright and other intellectual property rights, in and to the final design work. POMO agrees to reasonably cooperate with Client and shall execute any additional documents reasonably necessary to evidence such assignment if requested by the client.

 
<<< BACK | NEXT >>>
 
 

INTERACTIVE-SPECIFIC TERMS AND CONDITIONS

Warranty Period. There is a warranty period for 30 days from site launch. During this period any bugs or errors that become evident will be corrected at no cost to Client. This does not include enhancements or additions to the project. Errors after that period are fixed at standard rates.

Hosting. All hosting is provided by third party providers. It is your choice who you host with, we can recommend a company but take no responsibility for hosting or hosting support. Hosting is paid by you direct to such providers.

Data Security. While POMO takes all reasonable precautions and practices no guarantees are made that any company data, whether on an internal or external server or sent or received via electronic transfer or email is secure from malicious use and we won't be held responsible for any damage that occurs as a result of any data breach at anytime.

Data Transfer. Data transferred over the internet is subject to malicious use and carries. POMO will not be held responsible for any loss or damage resulting from data transfer occurring in relation to your website project or data being transferred to or from the site itself at anytime during its testing or operation. This includes information transmitted via online forms.

Content Management System. If you want your site to have a CMS we generally use and recommend Expression Engine CMS, this is a proprietary system and it is not free. We can build your site using other CMS's if you wish. The final decision as to what CMS you use or if you use one is yours to make and you accept the advantages and disadvantages of any system and recognise that POMO does not create such systems nor control their use or features or upgrades or their operations. You acknowledge that by choosing a system or by going with our recommended system POMO makes no warranties as to that system or your capacity to use it to maintain and change your site. You acknowledge that responsibility for changing your site using a CMS is yours as is learning how to use the system. Should you need help POMO can provide it but that help is outside of the scope of our website design and build agreement and is therefore billable at our hourly rate. POMO will provide you with a custom made video which provides you with basic information on how to use the CMS but it is your responsibility to learn the system or engage people who can do this for you. POMO will not be held responsible for any loss or damage occurring as a result of the CMS nor will the CMS give rise to any action or claim against POMO at law for any liability, refund or any reason whatsoever.

Shopping Carts. POMO can use any shopping cart on your site you wish but we generally use and recommend Shopify. We can build your site using other carts if you wish. The final decision as to what cart you use or if you use one is yours to make and you accept the advantages and disadvantages of any system and recognise that POMO does not create such systems nor control their use or features or upgrades or their operations. You acknowledge that by choosing a system or by going with our recommended system POMO makes no warranties as to that system or your capacity to use it to maintain and change your site and its products. You acknowledge that responsibility for changing your site using a cart is yours as is learning how to use the system. Should you need help POMO can provide it but that help is outside of the scope of our website design and build agreement and is therefore billable at our hourly rate. POMO will provide you with a custom made video which provides you with basic information on how to use the cart but it is your responsibility to learn the system or engage people who can do this for you. POMO will not be held responsible for any loss or damage occurring as a result of the cart nor will the cart give rise to any action or claim against POMO at law for any liability, refund or any reason whatsoever.

Other Third Party Software. If your website has integration with any other third party software systems or apps or other websites then the above terms and conditions applicable for CMS's and Shopping Carts also apply and are hereby imported into this clause in full and acknowledged by the parties.

Keys to Software and Log Ins. POMO provides each client with the full keys to their site at the conclusion of the project and once payment is made in full. This generally includes logs in's for the CMS, the shopping cart, FTP access, domain registration and any other log in's related to the site.

Licenses for Third Party Software. In the event that POMO integrates your site with third party software it is often necessary to have such software attached to a registered user account. The software license is therefore attached to that account. POMO can either set up a user account for you or register the software on POMO's account. In the absence of instructions to the contrary, POMO will register the software on their account so as to allow greater access and control in the event of failure or support being required.

This does not in any way restrict the Client from using the software to its full capacity once the Client has the keys. If the Client requests, POMO can establish an account on their behalf and have the software registration transferred to the Client account. This can be done at anytime however is not part of our standard process and therefore time spent is billable at standard rates.

 
<<< BACK | NEXT >>>
 
 

ENVIRONMENTAL-SPECIFIC TERMS AND CONDITIONS

Client acknowledges that Client shall be responsible for performing the following in a reasonable and timely manner:

(a) Communication of administrative or operational decisions if they affect the design or production of work, and coordination of required public approvals and meetings and legal licenses and permits and approvals and sub-contractors not under POMO's control.

(b) Provision of accurate and complete information and materials requested by POMO such as, by way of example, plans, drawings, records and other site specific information.

(c) Final approval of all documentation and drawings rests with the Client as does responsibility for the fitness for purpose of items constructed by POMO in accordance to those approved drawings and documents.

(d) POMO will not be held liable for any loss or damage or any claim whatsoever arising from the construction of items which occured in accordance to drawings and/or documents approved by the Client or Issued for Construction by the Client.

(e) POMO will not be held responsible for project delays and any corresponding loss or damage where such delay occurred as result of an Act of God or an act or omission of a third party.

(f) Warranty periods are restricted to the maximum extent permitted by law.

(g) Risk in items constructed passes to the Client upon completion of installation regardless of payment schedules.

(h) Ownership is retained by POMO in all items constructed until such items are paid for in full by the Client at which time it passes to the Client. The Client acknowledges POMO's right to enter their property to exercise their power of seizure of such items.

 
<<< BACK

Australian Institute of Landscape Architects National Award
Australian Institute of Landscape Architects Excellence Award
W3 Award
W3 Award
Business Women's Award