Foodshot Terms & Conditions of Service

 All services provided to you by Foodshot are subject to these Terms and Conditions (“Terms”).  

1. Services: The services to be provided by us are set out in the quotation that you will receive via email.

2. Fees: Fees and charges for the services to be provided by us are set out in the quotation that you will receive via email. Quotations are valid for 30 days from the day they are emailed to you. We reserve our right to alter or decline a quotation after the expiry of 30 days.
Any work outside the scope of services will incur an extra charge. These extra charges will be quoted to you before the commencement of any additional work.
Where a one-off website project is quoted, we require an advance deposit payment of fifty per cent (50%) of the quotation before the work is commenced. The remaining fifty per cent (50%) of the quotation will be due upon completion of the work prior to the website launch, send or live campaign.
Payment for services is due by credit card or direct bank deposit.

3. Client Sign-Off: From time to time, you may be required to sign-off on proofs and drafts provided by us. We take no responsibility for errors in final materials that you have approved. We will take all reasonable steps to avoid mistakes when providing the services but shall incur no liability should errors be found after you have given approval.

Where client sign-off was not required, or received, we shall incur no liability should errors be found.

4. Turnaround Time: We will provide your project by the agreed date, wherever possible. We will not be held liable for any delay caused by any factors.

5. Payment: We will invoice you periodically (usually monthly). Invoices are normally sent by email. Payment terms are 7 days from the date of the invoice and collected via direct debit. Invoices that remain unpaid for thirty (30) days after the date of the invoice incur interest in the amount of 2% per month of the total gross amount due. If we must act to recover our costs, you will be required to pay the cost of that action (including legal fees).

6. Default: Invoices that remain unpaid for thirty (30) days after the date of the invoice will be considered in default. If you are in default, we reserve the right to suspend performance of the services and remove any material from the public domain. We are not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve you of your obligation to pay any outstanding fees or charges.

7. Client information: You may be required to provide us with documentation/information for the provision of the services. We accept no liability in connection with that documentation/information, which we assume is correct and current.

8. Post-handover alterations: We may, in our sole discretion, make post-handover alterations. We do not accept responsibility for any alterations made by you, or a third party, once a project is installed, live and operational.

9. Domain names: We may purchase internet domain names on behalf of a client. Payment and renewal for those domain names is charged by and paid to us. We take no responsibility for any loss or cancellation of a domain that is brought about by your non - or late - payment.

10. Google AdWords: If AdWords is part of your agreed services, an initial set-up fee is payable in full before your Google AdWords account is setup. A management fee for your Google AdWords account is payable on a monthly basis. We will automatically debit your supplied credit card for the AdWords management fee agreed on. Whilst every care is taken to accurately and correctly setup your AdWords, we are not liable for errors. We will do our best to help you achieve your online advertising objectives, but we do not guarantee any particular rate of return or performance of any online advertising on Google AdWords. You acknowledge that internet services are subject to technical failures and disruptions.  

11. Termination: This Agreement may be terminated in writing by either party, with immediate effect. You will be invoiced for any work done and expenses incurred by us up to and including the date of termination.

12. Ownership: We retain full ownership of all items relating to the services including (but not limited to) strategy plans, promotional plans and files, until full and final payment has been received for the services. Project methodology and process will be retained by us.

13. Copyright: You retain the copyright to data, files and logos you provide to us, and grant us the right to use and publish that material. You must obtain permission to use any information and/or files that do not belong to you and grant us permission and rights to use that material. You agree to indemnify us for any claim resulting from your failure to obtain permission.

14. Intellectual Property: Any functions, coding, programming or other systems that we create to perform the services remain the property of Foodshot unless specifically stated.

15. Credit: We reserve our right to place a link to Foodshot in either small print or by a small graphic at the bottom of your marketing material or online web presence. If you prefer this not to happen, please let us know.

16. Access Requirements: If your website is installed on a third-party server, we must be granted temporary access for any alterations. We will always seek your approval before making any content changes to your website.

17. Disclaimers, exclusions and liability: We do not guarantee that the services will produce a particular outcome. We are not responsible in any circumstances to you for any loss of profit, or damage or loss, howsoever caused. Our total liability to you for any claims arising out of or in connection with services under any statutory right that cannot be limited is limited to the cost of re-supplying the services.

18. Indemnity: You shall indemnify us against any loss or damage which results from your breach of this Agreement or failure to abide by any of its terms.

19. Relationship with other clients: We provide services to other clients, some of whom may be in competition with you or have interests that conflict with your own. We will not be prevented or restricted by virtue of our relationship with you under this Agreement from providing services to other clients.

20. Confidentiality: Unless required to disclose by law, we will keep confidential any knowledge or information obtained during our engagement, which is confidential in nature relating to the business strategies, intellectual property, consumer data, products, services or processes related to you.

21. Acceptance: You will be deemed to accept these Terms by confirming acceptance with us in writing or by continuing to instruct us on your matter(s).

22. Variation: We reserve the right to change these Terms at any time and without prior notice.

23. Entire Agreement: These Terms supersede all previous representations, understandings or agreements.

24. Governing Law: These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the Courts of New South Wales.