Website Terms and Conditions.

1. About the Site

  1. Welcome to www.contourdigital.com.au (the 'Site'). The Site is operated by Contour Digital (ABN 25 839 432 189) (‘Contour Digital’). Thank you for using Contour Digital services. 
  2. This Site provides information and other material about our services and the terms and conditions for using our Site. 
  3. Contour Digital supplies various services including website development and design services, social media marketing and mentoring, branding services and videography (the 'Services'). 
  4. Please read these terms and conditions (‘Terms’) carefully. By using this Site and the Services, you agree to be bound by the Terms. If you do not accept the Terms, you must refrain from using the Site, or any of the Services.
  5. Please also review our Privacy Policy which is incorporated into and made a part of these Terms.
  6. All information and materials provided on this Site are for information purposes only and shall not be construed as a commercial offer or creating a services relationship between you and Contour Digital. 
  7. Contour Digital may amend the Terms at any time, and by continuing to use the Site (‘User’) you accept the Terms as they apply from time to time.



2. Scope of our Services

Our Services include:

  • Website Development
  • Social Media Mentoring
  • Videography



3. Registration and Acceptance of Terms and Conditions to use the Site

  1. You can register for an account (‘User Account’) through the Site to obtain access to our Services or request information. 
  2. By registering for a User Account through the Site, you will be required to accept our Terms and Privacy Policy by clicking “register” in the user interface. By clicking “register” you agree to all the terms and conditions of our Terms and Privacy Policy listed on the Site which gives notice to you through our user interface as follows:
    By Registering, you agree that you've read and accepted our website Terms and Conditions and you consent to our Privacy Policy. 
  3. As part of the registration process for Users, and as a condition of your use of the Site, you must provide current, accurate identification, and other information to register (‘Registration Data’), which may include but is not limited to:
  4. name or company name (if applicable)
  5. an email address;
  6. a mailing address;
  7. a telephone number;
  8. a password;
  9. payment information; or
  10. ABN/ACN (if applicable).
  11. You agree that you will provide accurate, true and correct information. Contour Digital may undertake additional enquiries to confirm the identity or background of any User. 
  12. You can cancel your registration and delete your User Account by sending a cancellation request to Contour Digital.
  13. Contour Digital may, in its sole discretion deny anyone access to a User Account at any time and for any reason.



4. Access to Site

  1. Users warrant as a condition of their use of and access to our Site that:
  2. they are authorised to enter a legally binding contract if they are using the Services on behalf of another person or entity; and
  3. they are not a person prohibited from receiving the Services under the laws of Australia or other country in which the User resides or from which the User accesses the Services.
  4. You must not access and use the Site if:
  5. you are not of legal age to form a binding contract with Contour Digital;
  6. you have previously been banned from Contour Digital or your User Account deleted;
  7. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
  8. If a User’s Account shows signs of fraud, abuse or suspicious activity or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, out-of-date or incomplete, Contour Digital may suspend, cancel or edit the User Account. 



5. General obligations of all Users

  1. As a User, you acknowledge and agree that:
  2. you have the sole responsibility for protecting the confidentiality of your password and other confidential User Account information;
  3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Contour Digital of any unauthorised use of your password of which you have become aware;
  4. you must not use the Services or Site for any illegal or unauthorised purpose which includes collecting email addresses of other Users by electronic or other means for sending unsolicited email or unauthorised framing or linking to the Site;
  5. commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Site without notice and may result in termination of your User Account or access to the Site;
  6. any automated use of the Site or Services is strictly prohibited;
  7. you must not upload viruses or other malicious code on the Site;
  8. The User must keep their Registration Data and contact information accurate and up-to- date. 



6. Confidential Information

  1. Contour Digital must not disclose the Confidential Information to any third party and agrees to keep confidential the Confidential Information of the User unless prior written approval is obtained from the User.
  2. Contour Digital agrees to only use the Confidential Information for authorised purposes and not in any way that will injure or cause Loss to Contour Digital or User.
  3. Contour Digital must take all actions necessary to ensure the Confidential Information is kept secure and protected from any unauthorised use or disclosure.
  4. Contour Digital agrees not to make, reproduce, copy, retain or exploit any Confidential Information to any degree other than as required by the Services.
  5. The obligations in this clause survive the expiration or termination of this Agreement.



7. Job Requests and Completion of the Services

  1. Users can submit a request for Services (“Job Request”) through the Contour Digital Site platform. 
  2. Contour Digital will revise and approve any Job Requests submitted by a User. Contour Digital reserves the right to reject or modify a Job Request.
  3. Contour Digital will provide an estimated quote (‘Quote’) based on the documents submitted in the Job Request and estimated fees for the Job Request (‘Fees’). Before a project quotation can be given, Contour Design requires a full project brief to be supplied by the client. 
  4. Any Quotes provided by Contour Digital are subject to change at any time, or may expire prior to a Contour Digital accepting a Job Request. Any changes to an estimated Quote will be provided to the User for consideration prior to a Contour Digital accepting the Job Request. 
  5. Users must accept any changes to the estimated Quote before a Job Request can be accepted by a Contour Digital. Quotes are valid for 30 days from the date of issue. 
  6. Any Job Requests posted by a User are a bona fide and genuine request for the Services. 
  7. It is the responsibility of the User to notify Contour Digital of any specific requirements in the Job Request. 
  8. Contour Digital will use its best efforts to fulfill Users specific requirements listed under the Job Request, but does not guarantee or warrant that such Contour Digitals will meet the specific needs of Users.
  9. If Contour Digital accepts the Job Request offered by the User, Contour Digital will provide User with a contract for the specified Job Request. All Quotes and Fees including any Job Requests are estimates only and are subject to the contract signed between us and the client.
  10. Any digital files, private chat (workspace) or other online data or Content associated with the Job Request or the supply of Services will be retained for a period of thirty (30) calendar days. Upon the expiration of thirty (30) calendar days, and if no contract is entered into for the Services, Contour Digital reserves the right to delete the data irretrievably and the User forfeits any access to or retrieval of it. 



8. Payment for Services and Fees 

  1. In consideration of your payment of the Fees, Countour Digital will provide the Services in a professional and timely manner.
  2. By using the Site, the Services or when making any payment in relation to your use of the Services, you warrant and acknowledge you have read, understood and agree to be bound by the applicable terms and conditions of any third-party payment platforms which are made available to you by Contour Digital. 
  3. Third-party payment platforms used in conjunction with the Services may impose certain fees for receiving or making a payment. Such fees are not controlled by Contour Digital and shall be your responsibility.



9. Refunds for Services

  1. Contour Digital will process refunds in accordance with the Australian Consumer Law for major failures (‘Major Failures’) and minor failures (‘Minor Failures’).
  2. For example, a Major Failure occurs where you would not have bought the Services if you had known about the defect, the Services are significantly different to what was described, the Services are substantially unfit for their usual purpose or a purpose made known to you or the Services are unsafe. For major failures or substantial problems with the Services as defined under the Australian Consumer Law, you are entitled to a replacement or refund.
  3. If the Services fail to be of acceptable quality, and the failure does not amount to a Major Failure (‘Minor Failure)’, we are entitled an opportunity to fix the minor problem as long as this is within a reasonable period of time. If we cannot fix the Minor Failure, you are entitled to cancel the contract with us and obtain a refund for the proportion of the Services not already consumed at the time of the cancellation.
  4. Contour Digital does not offer returns and refunds for ‘buyer’s remorse’ or if the Customer has changed its mind. Except as required by law, any Fees paid by you are final and non-refundable. 



10. Copyright and Intellectual Property

  1. The Works (‘Copyright Material’) in the Site, the Services and all the related products of Contour Digital are subject to copyright and owned by the copyright owner. The Copyright Material on the Site is protected by copyright under the laws of Australia and through international treaties. 
  2. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Site (including but not limited to text, graphics, logos, button icons, video images, audio clips, Site, code, scripts, design elements and interactive features) or the Services are owned or controlled by Contour Digital, and are reserved by Contour Digital.
  3. All trademarks, service marks, Site programming code, and trade names are owned, registered and/or licensed by Contour Digital, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to use the Site pursuant to the Terms.
  4. Contour Digital does not grant you any other rights whatsoever in relation to the Site or the Services. All other rights are expressly reserved by Contour Digital.
  5. Contour Digital retains all rights, title and interest in and to the Site and all related Services. Nothing you do on or in relation to the Site will transfer any:
  6. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or
  7. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
  8. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
  9. You may not, without the prior written permission of Contour Digital and the permission of any other relevant rights owners broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Copyright Material for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Site which are marked freely available for re-use or are in the public domain.
  10. The Site and its content (including the programming code) may not be copied, reproduced, publicly displayed, translated or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution, without Contour Digital’s express prior written consent.
  11. You own all right, title and interest in your User Data. So that we can provide our Services to you, subject to the terms of our Privacy Policy, you provide us a non-exclusive, worldwide, perpetual, irrevocable and royalty free licence to:
  12. use, copy, display, perform, distribute, disseminate, transmit, translate, edit, cache and create derivative works of the User Data subject to and in accordance with the terms of any contract we enter into with you, and
  13. use deidentified User Data for the research, development and data analytics of our Services. 



11. Content

  1. As a User, you agree and warrant that:
  2. you are solely responsible for any Content you may post, upload, publish, submit, transmit or otherwise make available on or through the Site and you are solely responsible for any Content which you make available through the Services;
  3. Contour Digital is not responsible for proof reading your Content;
  4. you are the sole and exclusive owner of all Content you make available through the Services and otherwise have all rights, licenses, permissions, consents and releases and approvals necessary to grant to Contour Digital the rights in such Content, required pursuant to the Terms of this agreement;
  5. neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or Contour Digital’s use of the Content (or any portion thereof) on, through or by means of the Service or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, Moral Rights or other proprietary or Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable Law (including Privacy Laws); and
  6. you are solely responsible for ensuring your Content meets current Australian Laws and that it is not defamatory, illegal, offensive or inappropriate. We reserve the right to include any material you provide to use if we deem it is illegal or inappropriate. 



12. Privacy

  1. In these Terms, Personal Information or Personal Data has the meaning as defined in any applicable Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth) and Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth). 
  2. If a User obtains Personal Information in the course of supplying or purchasing Services under these Terms, the User must comply with its obligations under the applicable Privacy Laws.



13. Definitions used in these Terms

  1. “Claim” includes any demand, claim, action, proceeding, Loss, damages, costs, expenses, requisition, objection, alleged right of indemnity incurred or suffered by, or brought or made or recovered against a matter, no matter how arising (whether or not presently ascertained) in the immediate future or contingent (whether criminal or civil, in contract, tort or otherwise).
  2. “Confidential Information” means any documentation or information whether in digital or hard form or otherwise conveyed verbally or in any other form to Contour Digital by you for the purpose of carrying out the Services, which is not publicly available and relates in any way to the Services.
  3. “Content” means any material posted on the Site or brought into existence or made available for performing the Services. 
  4. “Intellectual Property Rights” means any intellectual property including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, rights in database and data rights, domain names, knowhow, trade secrets, procedures, technical designs, software and code and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
  5. “Law” includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgment, rule of common law or equity and is a reference to that law as amended, consolidated or replaced.
  6. “Liability” means any debt, obligation, cost (including legal costs, deductibles or increased premiums), expense, Loss, damage, compensation, charge or liability of any kind, including those arising from third party Claims, those that are prospective or contingent and those the amount of which is not ascertained or ascertainable, and whether arising under breach of contract, in tort (including negligence), restitution, pursuant to statute or otherwise at law or in equity. 
  7. “Loss” means any cost, expense, loss, damage or Liability whether direct, indirect or consequential (including pure economic loss), present or future, ascertained or unascertained, actual, prospective or contingent, or any fine or penalty and includes legal costs.
  8. “Moral Rights” means the rights conferred by the Copyright Amendment (Moral Rights) Act 2000 (Cth) and any similar rights under the law of any other jurisdiction including:
  9. the right of integrity of authorship (that is, not to have a work subjected to derogatory comment);
  10. the right of attribution of authorship of a work; and
  11. the right not to have authorship of a work falsely attributed, (which are rights created by the Copyright Act 1968 (Cth), and any other similar rights capable of protection under the laws of any applicable jurisdiction.
  12. “Privacy Laws” means the Privacy Act 1988 (Cth) and Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth).
  13. “User Data” means all data, works and materials (including without limitation text, communications, forms, questionnaires, information, messages, comments, photographs, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or related to the supply of the Services.
  14. “Works” means any literary, dramatic, musical or artistic work pursuant to Part III of the Copyright Act 1968 (Cth) and any Part IV subject matter such as cine-films, sound recordings, publications, television broadcasts including any rights in performances.



14. General Disclaimer

  1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  2. Subject to this clause, and to the extent permitted by Law:
  3. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  4. Contour Digital will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  5. Use of the Site and the Services is at your own risk. Everything on the Site and the Services is provided to you without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Contour Digital make any express or implied representation or warranty about the Services referred to on the Site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  6. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
  7. the accuracy, suitability or currency of any information on the Site;
  8. costs incurred as a result of you using the Site; and
  9. the operation of the Site in respect to links which are provided for your convenience.
  10. Contour Digital makes no warranty as to the truth, suitability, quality or accuracy of any information provided by Contour Digital, nor of the Content or information provided by Users. 
  11. You expressly understand and agree that Contour Digital, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any indirect, incidental, special consequential or exemplary damages which may be incurred by you. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.



15. Termination 

  1. The Terms will continue to apply until terminated by either you or by Contour Digital as set out below.
  2. Termination of these Terms does not affect any contract that has been formed between Users through the acceptance of a Job Request or the provision of Services. 
  3. If you want to terminate the Terms, you may do so by:
  4. providing Contour Digital with 30 days' calendar notice of your intention to terminate; and
  5. closing your User Account for all the Services which you use, where Contour Digital has made this option available to you.
  6. Your notice should be sent, in writing, to Contour Digital via the 'Contact Us' link on our Site.
  7. Contour Digital may at any time, terminate the Terms with you if:
  8. you have breached any provision of the Terms or intend to breach any provision;
  9. Contour Digital is required to do so by Law.
  10. Subject to any applicable Laws, Contour Digital reserves the right to discontinue or cancel your User Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Site without notice if you breach any provision of the Terms or any applicable Law or if your conduct impacts Contour Digital's name or reputation or violates the rights of those of another party.



16. User Account Suspension, Termination and Cancellation

Contour Digital may, at its sole discretion and without Liability to you, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your User Account, if you breach these Terms.



17. Laws and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of New South Wales and Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State New South Wales and Courts of Appeal from them for determining any dispute concerning these Terms. 




Terms last updated 2 September 2021.

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Contour Digital | All Rights Reserved 

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