Terms & Conditions

  1. Definitions. In this document, the following definitions apply:
    1. “Terms & Conditions” or “T&C’s” means the Terms & Conditions outlined in this document.
    2. “RUO”, “We”, “Our” or “Us” means RU Online.
    3. “The Client”, “You” or “Your” means any person who has engaged the services of RUO.
    4. “The Project” or “the Work” means services to be provided by RUO for the Client.
    5. “Project Proposal” means the document provided by RUOto the Client outlining the scope of the Project, which is agreed upon by both RUO and the Client before commencement of the Project. The Project Proposal, after being agreed upon by RUO and the Client, is the contract between the two parties.
    6. “The Deposit” means the non-refundable payment due to RUO from the Client before commencement of the Project.
  2. Agreement. All services provided by RUO to the Client are subject to these T&C’s. The Client’s engaging the services of RUO, the Client’s approval of the Project Proposal, and the Client’s paying the Deposit to RUO, constitute agreement to, and acceptance of, these Terms & Conditions by the Client.
  3. Payment Terms.
    1. Project cost. Charges for the Project are defined in the Project Proposal.
    2. Payment timing:
      1. The Client agrees to pay a non-refundable Deposit of 50% of the total Project cost before commencement of the Project.
      2. The remaining 50% is payable immediately upon completion of the Project.
  4. Project Termination.
    1. Termination of services from RUO by the Client must be requested in a written notice and will be effective on receipt of such notice. Notice of request for change of hosting is required 1 month prior to hosting change. Hosting charges will end 1 month after such notification.
    2. In the case of the Client terminating the Project for any reason, the Deposit will be forfeited by the Client. The Client also agrees to be responsible for payment for any time already spent by RUO on the Project, as well as any other costs incurred by RUO related to the Project.
    3. RUO may at any time, for any reason in Our sole discretion, terminate the project. Such termination will be advised to the Client in writing and will be effective immediately.
    4. In the case of RUO terminating the Project, the Deposit will be returned to the Client in a timely manner.
    5. Upon Project termination all data held in the customer’s account will be deleted.
    6. Upon Project termination RUO retains IP rights over all works relating to the Project.
  5. Project Review & Completion.
    1. Upon completion of work on the Project as detailed in the Project Proposal, to the satisfaction of RUO, RUO will submit the Project to the Client (First Submission).
    2. RUO will give the Client opportunity to review the Project works and to request one (1) round of minor changes if required. Such request must be made within 14 days of the date of the First Submission.
    3. If, at RUO’s sole discretion, the changes requested by the Client are minor, and reasonable, and within the scope of the original Project, RUO will make the desired changes and resubmit the Project to the Client (Final Submission).
    4. Upon the Final Submission of the Project, of if no changes are required after the First Submission, of if 14 days elapses from the date of the First Submission without the Client advising RUO of required changes to the First Submission, the Project will be considered completed and the balance of payment for the Project will be due immediately.
    5. RUO endeavours to work in a timely manner and aims to complete the Project within 90 days of the date of payment of the Project Deposit. However, if the Project is incomplete after a period of 90 days from the date of payment of the Project Deposit, due to Client unresponsiveness during the Project, Client delays, or any other reason, the Project will be declared completed by RUO , and any outstanding Project fees will be payable immediately.
    6. RUO endeavours to provide design services that meet and exceed the Client’s needs and expectations, however in the case that the Client requires further work done after completion of the Project, or if, at the sole discretion of RUO , such work falls outside the scope of the original Project, or is otherwise an unreasonable request, this additional work will be charged at an hourly rate or an agreed fixed price and will comprise a new Project.
  6. Privacy. To protect your privacy we will not distribute Your details to third parties, unless required to do so by law.
  7. Intellectual Property.
    1. RUO retains full ownership of design concepts and materials it produces. Once a final concept is delivered to the Client and full payment is received, complete ownership rights to the concept transfer to the Client. Unused concepts remain the property of RUO.
    2. RUO retains the right to display a small byline claiming design credit on works designed for The Project, including a link to RUO website (https://ruonline.com.au) in the footer section of the website.
    3. In cases where the Project uses stock images, or graphic design supplied by a third party, the designer will also be credited at RUO’s discretion or according to the relevant copyright requirements.
    4. The Client agrees to remove any references to RUO from the website and any other works at RUO’s request, should RUO deem the works to no longer be representative of RUO’s design style and quality, or for any other reason at RUO’s sole discretion.
    5. The Client agrees to allow RUO to showcase any/all work created as part of the Project as part of RUO portfolio or any other RUO self-promotion.
  8. Warranties.
    1. The Client warrants and represents to RUO that all content supplied by the Client to RUO will be copyright free. RUO does not accept responsibility for any copyright issues arising from improper use of copyrighted images or content provided by the Client.
    2. All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, RUO shall not be liable to the Client as a result of any viruses introduced or passed on to the Client.
  9. Indemnity. The Client agrees to indemnify and hold RUO and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against RUO arising out of any breach by the Client of the terms of this Agreement or other liabilities arising out of or relating to the Project.
  10. Limitation of Liability.
    1. The entire liability of RUO to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the services under this Agreement in respect of which the breach has arisen.
    2. In no event shall RUO be liable to the Client for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or RUO had been made aware of the possibility of the Client incurring such a loss.
  11. General. These T&C’s supersede all previous representations, understandings or agreements. There may be exceptions to these terms specifically outlined in the Project Proposal. RUO reserves the right to change T&C’s from time to time. These T&C’s are not negotiable.
  12. Governing Law.This Agreement shall be governed by the laws of Australia, which shall claim venue and jurisdiction for any legal motion or claim arising from this Agreement.