Terms & Conditions

These terms and conditions are the terms under which Creative Chaos Pty Ltd ( “Creative Chaos”, “we”, “us”) provides its services to our Clients (“you”).

These services include but are not limited to, web design and development, website support and maintenance, domain name registration, web hosting, search engine optimization, marketing & website promotion.

These terms and conditions have been put together in a way to try and be as transparent as possible with our clients in regards to how we work, and how we expect clients to act in return.

When you engage the services of Creative Chaos Pty Ltd, you agree to, and are bound to these terms.

General Terms

All content of the www.creativechaos.com.au website is property of Creative Chaos Pty Ltd unless otherwise specified. Creative Chaos Pty Ltd may change the content of this website at will without any prior notice.
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy. You may disable cookies in your browser if you wish, however this may prevent features of this website from working correctly.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
This website is provided “as is” without any representations or warranties, express or implied. Creative Chaos Pty Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website.

Privacy Policy

In order to conduct business with clients, Creative Chaos Pty Ltd may request information that may be of a personal nature. This may include, but not be limited to:
- Name
- Phone
- Email
- Address
- ABN / ACN
- IP Address
- Web hosting details (if hosted elsewhere)
- Website login credentials
No information provided to Creative Chaos Pty will be disclosed to any third party who is not engaged by Creative Chaos Pty Ltd for services pertaining to the design, development, promotion, domain name registration or hosting of your website, unless we are required by law to do so.
Creative Chaos Pty Ltd are committed to ensuring your information remains secure and private and have suitable processes in place to safeguard your details.
The www.creativechaos.com.au website uses cookies and may also obtain non-identifying information such as IP Address, referral website etc. You personally cannot be identified by us with this information, however these details enable us to improve the experience of our website and analyse usage patterns.

Disputes, Liability and Indemnity

Creative Chaos Pty Ltd provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from security issues however we will not be held liable for any disruption of services if such situation arises.
The Client is fully responsible for the security, content and every-day operations of their website. Any breach of security, including, but not limited to, server hacking, stolen passwords, compromised data, lost data, etc., shall be the sole responsibility of the Client. Creative Chaos Pty Ltd strongly recommend the Client back up their own website files and data regularly, or engage Creative Chaos Pty Ltd to do so via our off-site backup product and support & maintenance packages.
Creative Chaos Pty Ltd shall be held harmless from any legal problems, accusations, or illegal activities that may arise from the Client’s website, business or personal activities. Creative Chaos Pty Ltd is a hired contractor, and is not in any other way affiliated with or employed by the Client.
Creative Chaos Pty Ltd is an independent contractor and is not in any way bound by any terms, to work for the Client exclusively, nor shall Creative Chaos Pty Ltd be restricted from contracting other companies of similar or same business type in any market or geographic area.
There is no warranty express or implied for any services offered unless explicitly detailed in each individual agreement.
Creative Chaos Pty Ltd will not be liable for any issues resulting from a Force Majeure Event – including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.

Payment Terms

Australian clients are quoted in Australian Dollars and prices are inclusive of GST where required, unless otherwise specified. International clients are quoted and invoiced in US Dollars and are exempt from GST.
Web Design and Development Invoices of more than two (2) hours duration will require a 50% deposit prior to commencement of work. The balance 50% final payment will be due upon delivery of the work.
Web Design and Development Invoices of less than two (2) hours duration will be sent after completion of the work, with the exception of new clients who will be provided a fixed price quote and invoiced in advance for any work that is to be carried out on their own servers.
Web Hosting (including backup service products) and Domain Name Registration / Renewal Invoices will be payable annually, and in advance.
SEO and Website Maintenance & Support Invoices will be payable monthly, and in advance.
All invoices are to be paid by the due date as specified on the invoice.

Late Payments

All invoices shall be paid by clients by the Due Date listed on the invoice. Should an invoice not be paid by the due date, Creative Chaos Pty Ltd reserves the right to take the following action:
- Due date: Is the date on which the payment is due as per the terms on the invoice/proposal
- Outstanding Invoice: An invoice is deemed to be outstanding if the payment is still owing 7 days after the due date. A follow up email will be sent at this point requesting immediate payment. A further follow up email will be sent 14 days after the due date.
- Overdue Invoice: An invoice is deemed to be overdue if the payment is still owing 28 days after the due date. All overdue invoices will incur a late payment fee of 10% of the pending amount per month, from the due date.
- Debt Collection: Client is provided a further 14 days after late payment fee is applied to an Overdue Invoice to pay in full. Failure to pay in full including late payment fee will result in the outstanding amount referred to a debt collector. Creative Chaos Pty Ltd will not be liable for any charges associated with the recovery of the outstanding amount (debt collectors, administration charges, legal fees). These will be referred to the client for payment.
Failure to pay hosting invoices or domain name renewal invoices on time may cause your website to suffer downtime or suspension. Creative Chaos Pty Ltd is not liable for any loss caused by this downtime. Domain name renewal non-payments may also result in loss of that domain name. It is the client’s responsibility to ensure that payments for domain name renewals and hosting are made on time.
Creative Chaos Pty Ltd understands that circumstances sometimes arise that prevent payment by the due date. If you will be late making a payment or have any queries regarding an Invoice, please contact sales@creativechaos.com.au immediately upon receiving an invoice or reminder email.

Refunds

Domain name registration or renewal payments are non-refundable.
Software, image licenses or any other item purchased by Creative Chaos Pty Ltd on behalf of a client, will also be non-refundable.
Web hosting cancellations may be made and refunded pro-rata for any remaining months on your contract.
Refunds for work carried out will only be given under certain circumstances or where required by law. Where work has already commenced on a project, an hourly charge for work completed will be payable and any additional moneys paid by the Client may be refunded. Creative Chaos Pty Ltd reserves the right to decide whether a refund is applicable if requested by the Client for any reason. If a refund is provided, any disbursements already paid to 3rd parties by Creative Chaos on behalf of the Client (including but not limited to hosting fees, domain name registration, software purchases) will not be refundable. No refund will be provided where a project is more than 50% complete. All cancellations must be received in writing and can be sent via email or regular mail. Telephone requests for cancellations will allow us to put work on hold until written cancellation request is received. A telephone call on its own does not constitute a cancellation request and no refunds will be issued until the request has been made in writing.

Web Design & Development

It is the client’s responsibility to provide Creative Chaos Pty Ltd with a clear written brief for any work to be carried out.
Creative Chaos Pty Ltd will endeavour to interpret your requirements and where we anticipate the development to take longer than two (2) hours we will provide a written fixed price quote outlining the work to be carried out.
Should we anticipate that the work will take less than two (2) hours, we may undertake the work on a time based arrangement with the work being conducted, and then invoiced for at a standard hourly rate. Billing will be in 15 minute intervals, so should the development only take 15 minutes, that is all the client will be invoiced for. If you are a new client, you will be provided a fixed price quote for work under two (2) hours and payment will be required in advance of any work being conducted on your servers.
For fixed price projects where a written proposal has been supplied by Creative Chaos Pty Ltd and subsequently approved by the client, a deposit payment will be required to commence work.
Once a written proposal has been approved by the client, any additions, changes or enhancements in the functionality or design of the project will affect the proposal and may incur additional cost and a revised delivery date. All additional work, over and above the estimates is charged separately. Under no circumstances will Creative Chaos Pty Ltd be liable for any delays caused by client change requests to the original proposal.
Creative Chaos Pty Ltd endeavour to complete projects in a timely manner, however the client must recognise that there may at times be unforeseen circumstances that delay the development process. This may be caused by but not limited to, complex coding, 3rd party integrations, waiting on deliverables, communication delays.
Website content and all related materials such as images, text, video, product details etc need to be provided to us in a timely manner by the client.
For complete site designs, Creative Chaos Pty Ltd may place a small link at the bottom of client’s website identifying us as the designer. Should client not wish for this acknowledgement to be placed, please advise.
Creative Chaos Pty Ltd takes no responsibility for any third party products, software or components used in website development. This includes, but is not limited to, core software such as WordPress, OpenCart, VPASP Shopping Cart, Joomla, Drupal, WolfCMS or others. It also includes all 3rd party plugins for these packages. We suggest clients take regular back-ups to ensure any issues can be rectified reasonably quickly by restoring a recent backup. Any backup restoration that does not form a part of the maintenance packages and off-site backup products offered separately by Creative Chaos Pty Ltd will incur charges.
Once a website has been paid for in full by the client, that site becomes the responsibility of the client. Website software updates, security patches etc will need to be applied from time to time. Creative Chaos Pty Ltd offers support and maintenance packages as well as backup services to assist with the ongoing maintenance of a website. Unless the client has engaged our services with one of these plans, Creative Chaos Pty Ltd is under no obligation to keep the client’s website up to date.

Domains

Creative Chaos Pty Ltd is not a domain registrant, however we register domains on behalf of our clients via ICANN and auDA accredited domain registrars – Synergy Wholesale Pty Ltd, and TPP Wholesale Pty Ltd.
As a domain reseller, Creative Chaos Pty Ltd complies with:
- AuDA’s .au Domain Name Suppliers’ Code of Practice
  http://www.auda.org.au/policies/2004-04/
- ICANN’s Registrants’ Benefits and Responsibilities:
  https://www.icann.org/resources/pages/benefits-2013-09-16-en
In registering domains, we may use information that our client has provided to us, such as the business ABN. It is the client’s responsibility to supply us with the correct information.
When purchasing an Australian domain, such as .com.au, it is also the client’s responsibility to ensure that the domain name has a close relationship to their name or business name.
The domain name registrant explicitly confirms that Creative Chaos Pty Ltd will act as their Designated Agent in the event of any material change to domain name registrant data.
The cost of domain name registration and renewal is non-refundable.
Domain names are renewable on a yearly basis. Creative Chaos Pty Ltd will invoice clients in advance to organize renewal of domain names. Clients must keep their contact details up to date so that renewal notices can be issued in a timely manner.
Creative Chaos Pty Ltd is not responsible for any downtime, loss or damage suffered as a result of non-renewal or expiry of a domain name. It is the responsibility of the client to advise us to renew.
Creative Chaos Pty Ltd may at times be listed as the domain owner, however if we have registered any domain on behalf of a client, should that client at any time want to transfer the domain to another registrant, they can do so.
All accounts to Creative Chaos Pty Ltd must be paid in full before we will facilitate such a transfer.

Hosting

Usage of our hosting service will be provided at the sole discretion of Creative Chaos Pty Ltd.
Creative Chaos Pty Ltd reserves the right to refuse its hosting service from being used for publication of any material which is deemed to be offensive or illegal. This includes but is not limited to pornography and sex-related merchandising, adult/sex related sites, pirated software, copyright violations, 419 Scams, Warez sites, Hacker programs or archives, IRC servers, IRC bots and Hate propaganda.
Hosting is an annual charge which must be paid in advance for the whole year. It is the responsibility to pay for hosting renewals annually on time (ie before the due date) to ensure continuation of service. In accordance with the information outlined under “Late Payments”, failure to pay hosting invoices on time may result in suspension or deletion of your account. Creative Chaos Pty Ltd will not be responsible or liable for any loss of files, data, emails, backups etc. resulting from unpaid hosting fees.
There is a bandwidth limit on all of our hosting plans. We allow you to exceed that limitation by paying $1/GB. The overage fee (if there’s any) will be charged at the end of each month. If you continuously go over month after month then we’ll reach out and ask you to upgrade your plan.
Hosting accounts are provided on servers hosted via third party providers in data centres across Australia and the USA. Creative Chaos Pty Ltd endeavours to ensure that these systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
In order to keep servers up to date, our hosting providers will perform scheduled maintenance to servers from time to time. This may result in short periods of downtime during this maintenance window. Creative Chaos Pty Ltd will attempt to notify clients of any scheduled maintenance that is expected to last for more than 30 minutes.
Unscheduled maintenance may occur from time to time as a result of failed hardware components, DDOS attacks on the servers, or other issues. It will not be possible to provide advanced warning in these circumstances however we endeavour to keep clients updated in these events.
Creative Chaos Pty Ltd can only pass on the Service Level Agreement of our suppliers. Our suppliers guarantee uptime of 99% across each month. In cases where unscheduled maintenance results in monthly uptime of less than 99% compensation may be applied for as follows:
Uptime 97%-99% (downtime of between 7 hrs – 22 hrs across a month) = compensation of 1 day hosting.
Uptime 95%-97% (downtime of between 22 hrs – 36 hrs across a month) = compensation of 2 days hosting.
Uptime 90%-95% (downtime of between 36 hrs – 73 hrs across a month) = compensation of 5 days hosting.
Uptime less than 90% (downtime of more than 73 hrs across a month) = compensation of 1 month hosting.
Clients using Creative Chaos Pty Ltd hosting service acknowledge that, due to the inherent risks of the internet, and of computer-based networks and systems:
- the services provided under this agreement will not be uninterrupted or error free;
- the services may not meet your requirements; and
- your data may not be secure or protected from loss or corruption, and data loss or corruption may occur due to delays, service interruptions or other reasons.
The Client agrees to indemnify and hold harmless Creative Chaos Pty Ltd and the employees and agents of Creative Chaos Pty Ltd against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments relating to the Client’s use of this service
Creative Chaos Pty Ltd provides no guarantees on service availability and will not be held liable for any damages or loss that may be incurred by clients as a result of scheduled or unscheduled maintenance, hackers, user error, hardware failure, or other event that may result in downtime of service, or loss of information. Subject to statutory warranties that may apply under the Australian Consumer Law, we will not be responsible for any loss or damage to you or your business which may result from any interruptions, delays, faults or errors in the supply of the service.
It is the Client’s responsibility to maintain local copies and backups of your website files and data. Our hosting providers perform weekly snapshot backups, however these cannot be relied upon. We strongly recommend you regularly back up your own website files, database, emails etc. Creative Chaos Pty Ltd offers an off-site website file and database backup service which can be implemented along with your hosting plan. In the event that a backup needs to be restored, if you have taken our off-site backup service as part of your hosting package, your files will be restored to the most recent backup at no cost to you. If we are unable to restore your site with our backups under this service, your site will be rebuilt at no cost. If you do not have the Creative Chaos backup service, any charges to restore a backup copy of your website will be invoiced. Should you not have a backup copy of your website, and your website needs to be rebuilt, this will incur full development charges.
Technical support relating to hosting service will be provided for free for up to 15 minutes per case as part of the annual hosting charge. Issues that take longer than 15 minutes to resolve will be invoiced at hourly professional services rates.

Support & Maintenance Contract Terms

The minimum maintenance and support contract term is 3 months. Contracts are payable in advance via a monthly invoice.
Packages are designed for minor website maintenance tasks such as software updates, content updating, adding new pages, monthly newsletters, updates to social network sites, email and/or telephone support. The support time does not cover custom coding or new site developments. However, in these cases we can apply your monthly hours towards our quoted pricing for any custom work.
All tasks carried out are timed to the second and logged via our time management software. Each task will count toward the overall monthly hourly limit.
If you don’t use all your hours in a particular month you can ‘carry forward’ the equivalent of 1 months support time to the next month. For example if your contract gives you 5 hours of support time per month, the maximum amount of unused support time you can carry forward is 5 hours. If you find that you are consistently requiring less hours than your contract states, we will be happy to revise your contract to meet your needs more closely
If you use all of your allocated hours in one month, you will be advised as such, and any additional requests will be invoiced separately at an hourly rate or will be put on hold until the following month.

Search Engine Optimization Contract Terms

The minimum search engine optimization contract term is 3 months. Contracts are payable in advance via a monthly invoice.
Creative Chaos Pty Ltd engage in best practice “white hat” SEO techniques. We will not engage in methods that may be used to try and deceive search engines into ranking your site better. Deceitful techniques are quickly detected by search engines and will leave your site penalised which may result in difficulty improving your ranking in future.
Creative Chaos Pty Ltd will provide Client’s with monthly updates detailing the work that was carried out, the current ranking position for targeted keywords as well as the impact on the work in terms of traffic to the website.
Due to the algorithms used by search engines when determining a sites ranking, Creative Chaos cannot provide any guarantees on the position we may be able to obtain for you through our promotional work.
Ranking positions will vary often as new sites are added and competitors conduct their own search engine optimization work.

Please note that Creative Chaos Pty Ltd reserves the right to change these terms and conditions without notice. By using our services, you hereby undertake to familiarise yourself with these terms and conditions, and indemnify Creative Chaos Pty Ltd from claims arising from misunderstandings or ignorance of these terms.