Terms & conditions
These terms and conditions (“Terms”) govern your use of the Silver Pistol website.
The products and services specified on this Website (“Products” and “Services”) are sold by Us to You on these Terms. Your use of this Website and/or your purchase of Products & Services mean you accept these Terms. Do not use this Website or purchase any Products if you do not accept these Terms.
1. All Products & Services to be supplied by Us to You are as described on the Website unless otherwise agreed at the time of purchase. We will take all reasonable steps to supply the Products & Services in accordance with the description on the Website but reserve the right to supply the Products & Services subject to minor variations in actual specifications.
2. All orders are subject to acceptance and availability of the Products and/or Services ordered and receipt of payment from You. We are entitled to refuse any order placed by You by notice.
3. All purchases made through this website are in Australian dollars (AUD). If Your native currency is not AUD, we will endeavour to include an approximate equivalent in your currency in our proposal / quotation.
4. As every project is unique, it is impossible to quote standard prices on this Website. Instead, every project will be quoted individually, based upon the time, labour and expertise required to complete the project.
5. By purchasing any Product or Service from Silver Pistol, You agree to indemnify Silver Pistol and its officers, employees and agents from and against all losses, claims, damages and liabilities which arise out of its use.
6. If You agree to a first instalment payment, that payment and signed Approval of Quote form must be received before commencement of work.
7. First instalment payment is a part-payment for Our Services. It is not a deposit.
8. Unless otherwise agreed:
- Work will commence within approximately 1 day to 1 month after receipt of first payment. (Exact delivery times are dependent on current workload and Your responsiveness.)
- You will be notified within two (2) business days if the requested work cannot be completed.
- The balance of all invoices is to be paid within 14 days of invoice. All overdue accounts will be subject to a discretionary interest charge of 0.1786% per day.
- All original copy and design purchases include up to 2 rounds of review (so You get 1st draft, 2nd draft, final version).
- In order to be implemented, any changes arising out of review must be received by Silver Pistol within 2 weeks (10 working days) of draft being sent to You. If no review changes are requested within this time, it will be assumed that the work is approved and complete and You will be invoiced.
- Company names, taglines, SEO packages, SEO of existing copy and editing of existing copy are one-off purchases and are not subject to review or change.
Purchase price does not cover travel or client-site meetings.
- All work additional to specifics discussed agreed in the purchase proposal will be deemed an expansion of project scope and will not be covered by the purchase price.
9. Silver Pistol reserves the right to refer to Your project in future promotions of any sort.
10. You accept full responsibility for all detail and claims contained in the Products. You indemnify Silver Pistol and its directors, officers, employees and agents from and against all losses, claims, damages and liabilities which arise out of any use of the Products.
11. Upon receipt of full payment, You will be granted full ownership of the copyright of the final version of the Products.
12. If We are liable by law for any GST on any Primary Payment, You must pay to Us the amount of the GST.
13. You must pay to Us an amount in respect of any GST that You are required to pay under these Terms:
- at the same time; and
- in the same manner,
as You are required to pay for the Primary Payment to which the amount in respect of GST relates.
14. We must issue to You a Tax Invoice in accordance with the requirements of the law relating to GST.
15. Please visit Our Refund Policy.
Intellectual property rights
16. The material contained on this Website is protected by copyright. You may use this Website for Your own non-commercial purposes in accordance with these Terms.
17. You must not use, copy, modify, publish, transmit, store or distribute the material on this Website, or create any other material using material on this Website without prior written approval from Us except to the extent permitted by relevant copyright legislation in the Territory.
18. Except with prior written consent from Us, trade marks (whether registered or unregistered) and logos on this Website must not be used or modified in any way by You.
19. This Website, and images, material and processes contained in this Website, may be the subject of other intellectual property rights owned by Us or by third parties. Your use of this Website must not in any way infringe the intellectual property rights of any person.
20. You agree to indemnify Us and keep Us indemnified against any damages, claims, liabilities, losses and expenses arising out of any misuse by You of any part of the Website.
21. This Website contains links to third party websites. We make no warranties and accept no liability in relation to material contained in any third party website and provide the links merely for Your consideration and convenience. A link to a third party website should not be construed as an endorsement, recommendation or approval of the content on that website.
Security of the website
22. We accept no responsibility or liability for interference with transmissions over the Internet or by email or any consequent loss or liability caused to You.
24. (Jurisdiction) This Contract shall be governed by the laws of the State of New South Wales of Australia (“Territory”) and the parties submit all disputes arising between them to the courts in the State of New South Wales and any court competent to hear appeals from those courts of first instance.
25. (Entire Contract) These Terms are the entire agreement between the parties regarding the use of this Website and the purchase of any Products or Services, and supersedes all previous negotiations, commitments and agreements about the Website and the Products.
26. (Amendment) We reserve the right to change these Terms at any time; We therefore recommend that You check the Terms from time to time for any changes/updates. Your continued use of the Website or purchase of Products or Services will mean You accept the amended Terms.
27. (No Waiver) No failure by Us to enforce any right under these Terms is a waiver of that right, and no waiver of any breach of these Terms is a waiver of any other or subsequent breach.
28. (No Reliance on Representations) You acknowledge that no representations, either in words or by conduct, in connection with or in the course of negotiations leading to the purchase of Products or Services have been made by Us other than the representations expressly contained in these Terms.
29. (Severability) If any provision of these Terms is held to be unenforceable, or invalid, for any reason, then:
- that provision is deemed to be modified to the extent required to remedy the unenforceability or invalidity; or
- if it is not possible to remedy the unenforceability or invalidity, that provision is to be severed from these Terms;
- and these Terms will otherwise remain in full force.
30. (Interpretation) In these Terms unless the context requires otherwise:
- “Contract” means Your agreement to these Terms, as implied by Your use of this Website;
- “Products” means the copy, designs, wireframes, sitemaps, websites, apps, software and any other deliverables commissioned by You and created by Silver Pistol;
- “Services” means the work involved in creating the “Products”, and includes, but is not limited to requirements analysis, information gathering, planning, style identification, writing, editing, design, coding, testing and project management;
- “GST” means goods and services tax, consumption tax, value added tax, retail turnover tax or a tax of a similar nature;
- “Input Tax” means an amount equal to the amount of GST paid or payable for the supply of anything acquired;
- “Primary Payment” means any payment by You to Us of any fees or other amounts payable by You to Us under these Terms.
- “Tax Invoice” means an invoice in the format required by the law and which also shows the amount of GST payable by You in respect of the relevant Primary Payment;
- “We”, “Us” and “Our” means Divine Write Copywriting Pty Ltd trading as Silver Pistol;
- “You” and “Your” means the user of the Website and/or the purchaser of the Products or Services, who is of legal age in the country of use.
- “Website” means the Silver Pistol website, www.silverpistol.com.au.