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By viewing the information at this website, you
agree to the following terms and conditions:
1. Definitions
- "Sunrise Creations" will mean Sunrise Creations and
its successors and assigns.
- "Customer" will mean the purchaser or any person or
persons acting on behalf of and with the authority of the purchaser.
Where more than one purchaser has entered into this agreement,
the purchasers shall be jointly and severally liable for all payments
of the Price.
- "Order" will mean any placement by you for any goods
and services provided by Sunrise Creations.
- "Goods" will mean any product created by Sunrise Creations
pursuant to the order by the Customer.
- "Services" will mean all services provided by Sunrise
Creations to the Customer including any advice and recommendations
(and where the context permits will include the supply of Goods
as defined supra)
- "Price" will mean the cost of the Goods and/or Services
as agreed between Sunrise Creations and the Customer.
2. Professionally Taken Photographs
- Professional photos can be used on the condition that the Photographer
provides written permission. If the customer chooses to scan or
copy a professionally taken image for use by Sunrise Creations,
the customer is assuming the legal risk for violating any copyright
and the customer agrees, at their own expense, to fully indemnify
Sunrise Creations, their directors, officers and employees against
all loss, damages, liabilities, claims, liens, actions, proceedings
and costs whatsoever resulting from any legal proceedings in relation
to any claim alleging the work produced is in breach of copyright.
3. Timeline
- Upon receipt of the order and payment we begin the design process
of creating your proof. As a guide, this takes approximately three
working days (during the Christmas period this may be longer).
The proof is emailed to the email address you provide with the
order.
- After the customer has approved the proof, it will be approximately
five to seven working days for the order to be ready to be delivered.
Three alterations can be made to the wording and layout before
an alteration charge will apply.
4. Order Cancellation
- If work has not commenced on your order, the order can be cancelled
at no charge. If however, work has commenced on the card no refunds
will be given and the full purchase price will be charged.
5. Payment default and consequences of default
- Interest on overdue invoices shall accrue from the date when
payment becomes due daily until the date of payment at a rate
of 2.5% per calendar month and shall accrue at such a rate after
as well as before any judgement.
- If the Customer defaults in payment of any invoice when due,
the Customer shall indemnify Sunrise Creations from and against
all Sunrise Creation's costs and disbursements including on a
solicitor and own client basis and in addition all of Sunrise
Creation's nominees costs of collection.
- Without prejudice to any other remedies Sunrise Creations may
have, if at any time the Customer is in breach of any obligation
(including those relating to payment), Sunrise Creations may suspend
or terminate the supply of Goods to the Customer and any of its
other obligations under the terms and conditions. Sunrise Creations
will not be liable to the Customer for any loss or damage the
Customer suffers because Sunrise Creations exercised its rights
under this clause.
- If any account remains unpaid at the end of the second month
after supply of the goods or services the following will apply:
An immediate amount of the greater of $50.00 or 10% of the amount
overdue shall be levied for administration fees which sum will
become immediately due and payable.
6. Errors
- If the error is our mistake, the order will be reprinted at
no charge.
- However, if the error is made by the Customer, the card or invitation
will be printed at the customer's cost. It is the Customers' responsibility
to ensure all wording and layout is correct in the proof prior
to approving the proof for printing.
- Errors include:
(a) Incorrect information entered during the order process
(b) Receiving and approving of a proof containing an error, regardless
of the text that has been entered that has been entered on the
order form
7. Prices
- Sunrise Creations reserve the right to modify prices without
notification. Current prices do not include GST.
8. Colour
- The colours that appear on your screen may differ slightly
from the printed version. This is due to the different settings
on your computer screen to that used by the printer.
9. Limited Authorisation to Reproduce
- Where not indicated otherwise, the customer may not reproduce
any portion of the information available at this site for research
or personal use without express prior permission and then only
providing that no changes are made to any of the information at
this site or any part of any copyright notice is removed. The
customer may not download, republish or print a copy of information
from this site for commercial or any other purposes without written
authorisation.
10. Copyright & Trademarks
- Copyright in the information available in this site is owned
by Sunrise Creations. Trademarks used on this site to describe
companies and their products are trade marks of those companies
or the registered proprietor of the relevant trade mark and may
not be copied, downloaded, reproduced, modified, or distributed
in any way (except as an integral part of an authorised copy of
material appearing at this site) without prior permission.
11. Indemnities by the Customer
- In no event will Sunrise Creations, their directors, officers,
employees, distributors or associates be liable to any person
or individual for any loss or damage whatsoever which may arise
from the use of this site or any of the information available
at this site.
- The Customer agrees at its own expense to protect and fully
indemnify Sunrise Creations, its directors, officers and employees
against all loss, damages, claims, liens, actions, liabilities
or proceedings whatsoever and howsoever arising under any statute
or at common law including, but not limited too, claims in respect
of copyright, arising out of or in connection with the performance
of the order by Sunrise Creations and the supply of goods and
services or any other services incidental thereto, including,
but not limited too, all loss, damages, claims, liens, actions,
liabilities or proceedings arising out of or in connection with
or caused or contributed to by any act or omission or neglect
of Sunrise Creations, including any costs, legal fees and incidental
damage resulting there from.
12. Links are not Endorsements
- While links to and frames of this site are in some cases permitted,
we reserve the right by notice to prevent linking or framing.
Links and frames connecting this site with other sites are for
reference only and Sunrise Creations expressly deny any endorsement
or approval of those other sites, their content or the people
who run them.
13. Beware Security Risks
- Although all appropriate measures are taken regarding privacy
and security, transmissions to and from this site may be intercepted
and modified by third parties, also files obtained from or through
this site may contain computer viruses or other defects.
14. Privacy Act 1988
- The Customer consents to Sunrise Creations being given a consumer
credit report to collect overdue payment on commercial credit
(s18K(1)(h) Privacy Act 1988).
- The Customer agrees that Personal Data provided may be used
and retained by Sunrise Creations for the following purposes and
for other purposes as are be agreed between Sunrise Creations
and the Customer or required by law from time to time:
(a) Marketing of Services and or Goods by Sunrise Creations, its
agents or distributors in relation to the Services and Goods;
(b) Analysing, verifying and/or checking the Customer's credit,
payment and/or status in relation to provision of Services/Goods;
(c) Processing of any payment instructions, direct debit facilities
and/or credit facilities requested by the Customer; and
(d) Enabling the daily operation of Customer's account and/or
the collection of amounts
- Sunrise Creations may give, information about
the Customer to a credit reporting agency for the following purposes:
(a) To obtain a consumer credit report about the Customer; and
or
(b) Allow the credit reporting agency to create or maintain a
credit information file containing information about the Customer.
15. General
- If any provision of these terms and conditions will be invalid,
void or illegal or unenforceable the validity, existence, legality
and enforceability of the remaining provisions will not be affected,
prejudiced or impaired.
- On the reverse of the card the words "Card by www.sunrisecreations.com.au" will appear.
- Up to 3 proofs will be created for your order. Further modifications will incur an additional charge.
- If the requested changes to a design/proof are such that they represent a custom design, there will be an additional charge.
- All Services/Goods supplied by the Customer are subject to the
laws of New South Wales and Sunrise Creations takes no responsibility
for changes in the law which affect the Services/Goods supplied.
- Sunrise Creations will be under no liability whatever to the
Customer for any indirect loss and/or expense (including loss
of profit) suffered by the Customer arising out of breach by Sunrise
Creations of these terms and conditions.
- In the event of any breach of this contract by the Service Provider
the remedies of the Customer will be limited to damages. Under
no circumstances will the liability of the Service Provider exceed
the Price of the Order.
- Sunrise Creations may license or sub-contract all or any part
of its rights and obligations without the Customer's consent.
- Sunrise Creations reserves the right to review these terms and
conditions at any time and from time to time. If, following any
such review, there is to be any change in such terms and conditions,
that change will take effect from the date on which Sunrise Creations
notifies the Customer of such change.
- Sunrise Creations will not be liable for any default due to
any act of God, war, terrorism, strike, lock out, industrial action,
fire, flood, drought, storm or other event beyond its reasonable
control.
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