Terms & Conditions
Please take the time to read these terms and conditions.
WEBSITE TERMS & CONDITIONS
By using Our Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions.
If you purchase products through our Website, there will be additional terms and conditions relating to the project. Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase (and are further down this page).
Definitions
Services means Brand Strategy Expertise, Coaching, Group Programs or any other service linked to contracts with clients.
The Website means the website www.forestfound.com.au.
We / Us means Forest Found and any subsidiaries, affiliates, employees, officers, agents or assigns.
Accuracy of content
We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.
The information contained on this Website should not take the place of professional advice.
Use
The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.
You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.
You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.
We reserve the right to refuse or terminate service to anyone at any time without notice or reason.
Indemnification for loss or damage
You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
Intellectual property and copyrights
We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.
If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:
Property
The logos and content contained on this Website are property of Forest Found. Use of these logos and content is strictly prohibited except with Our express, written consent.
Links to external websites
This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.
You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
Limitation of Liability
We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.
Information Collection
Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.
Confidentiality
All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Victoria.
We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
PROJECT TERMS & CONDITIONS
By working with Forest Found, you are agreeing to these terms and conditions.
Forest Found is pleased to set out our Terms and Conditions, which will apply to the work we do for you. These Terms and Conditions and the Quote/Production Estimate supplied to you form the contract between us for the provision of Forest Found’s services.
1. Forest Found’s role
1.1. The Services: Forest Found will provide the services described in the Quote/Project Plan as presented. As an assignment develops, it may be that the scope of the required work changes. Where this is the case, Forest Found will seek to discuss it with you at the earliest opportunity in order to agree upon any variations to the scope of the Services and the Quote/Project Plan.
1.2. Corrections. We include 1 round of changes on all items following the presentation of an initial project. Revisions briefed thereafter will be charged according to Forest Found’s standard hourly rate card.
1.3. Information: To maximise Forest Found’s effectiveness we must work with you as a team. Often Forest Found’s work will be dependent on you (or your other advisers) providing information promptly. To avoid unnecessary verification, Forest Found will assume all information you provide is complete and accurate unless you tell us otherwise.
1.4. Termination: Should you wish to terminate the contract after the commencement of work, you will be invoiced for work already completed. Until all invoices are paid to Forest Found, any Intellectual Property relating to the project remain under the ownership of Forest Found.
1.5. Force Majeure: Forest Found shall not be liable for any delay or failure to perform their obligations where such delay or failure to perform arises from circumstances outside Forest Found’s reasonable control.
2. Payment terms
2.1. Payment Terms: Invoices shall be settled by bank transfer into Forest Found’s nominated bank account within 14 days of the date on the invoice unless agreed otherwise. Forest Found retain ownership of all work until full payment has been made. A late fee of 1% of the invoice will be added if not paid within 60 days. This increases by 1% every month thereafter until paid.
2.2. Other Specialist Services: Forest Found’s estimate is exclusive of third-party costs such as photography, illustration, video production, sound recording etc unless otherwise included in the estimate. Forest Found may, unless you instruct us otherwise, seek such specialist services on areas outside our expertise. The costs of such services will be passed on to and will be quoted according, but only with your prior approval.
3. Scoping
3.1. Scoping document: In most cases, Forest Found will provide a scoping document which details the functionality in the work we do for our clients, this includes but is not limited to a website, application or marketing campaign. Where the client signs and approves this scoping document, any changes beyond the scope will be handled as a new update and priced accordingly.
4. Content
4.1. Content and Images: It is your responsibility to provide us with the required information about your business and marketing objectives. Forest Found takes no responsibility for errors in content supplied by you. Any changes thus incurred may be chargeable at standard rates. All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Text should be supplied as a Microsoft Word document. Failure to supply material in an easily accessible format may result in additional cost being incurred for retyping text. Where the content which is provided is in a form where a significant amount of copy writing is required, a further charge may be made.
4.2. Information for charts, graphs, and infographics to be supplied in Excel. If we are required to retype large amounts of content, then additional costs may be incurred.
4.3. Client supplied images should always be high-res images at 300DPI for print purposes. If they are solely for use on the web, then lower resolution images are acceptable. Forest Found will assume that all images supplied to us are owned by the Client or have been purchased from stock libraries and are licensed to the client for use. We cannot use images taken from Google.
4.4. If you are using images of children that you have taken, then we will assume that you have been given the permission to use these images.
4.5. You grant Forest Found permission to utilise logos and any other company identity for the purposes of creating the project. You agree to indemnify Forest Found from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.
5. Confidentiality
5.1. Confidentiality: Save as required by law, Forest Found will keep your documents and affairs confidential at all times, unless you permit disclosure or the relevant circumstances are already in the public domain. Think may, however, disclose your documents and affairs to:
(i) such of your other service providers as you inform Forest Found are involved in any assignment on which Forest Found is instructed;
(ii) Forest Found’s affiliates or related parties; and
(iii) any other service provider to whom Forest Found may properly delegate aspects of any assignment in order to provide a full range of services to you.
6. Intellectual Property
6.1. Freedom to use Ideas and IP: Forest Found may develop or use for other clients any ideas, concepts, source code, information or know how reflected in any of the materials provided to you (in whatever form) or otherwise developed during the course of providing services to you.
6.2. Ownership of Materials and Intellectual Property: All products, creative works, plans for designs, unique campaign ideas, taglines, copy themes, preliminary sketches, layouts, copy, artwork, production services, public and other marketing material (whether on paper, by email or in some other digital format) accepted by Forest Found, shall, upon you paying Forest Found in full for the relevant materials, be your property, unless there remain outstanding invoices to Forest Found relevant to the project, and except to the extent that any intellectual property rights therein have been reserved by Forest Found or third parties engaged or employed by Forest Found.
6.3. Portfolio Rights. Forest Found retains the right to showcase your project on our website and design portfolio for the sole purpose of promoting our work.
6.4. Working Files and Copyright. Forest Found owns the legal copyright of our working files. Working files are our intellectual property and this can be and not limited to design concepts, design elements, infographics, fonts and imagery. Working files are not released as part of our projects. If you wish to be supplied working files, then this needs to be requested and we will supply a quote for this release.
7. Indemnity
7.1. All services may be used for lawful purposes only. You agree to indemnify and hold Forest Found harmless from any claims resulting from your use of our service that damages you or any other party.
8. Liability
8.1. Our total liability to you in contract or in tort arising in connection with this contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss.
9. Variation
9.1. Variation: These Terms and Conditions (and/or the contents of any agreement to which they relate) may be varied or superseded at any time by agreement in writing between us. Any such variation shall not affect any rights or obligations of either of us that may already have accrued, unless otherwise specifically agreed.