Terms & Conditions
Privacy Policy

PRIVACY POLICY

This Privacy Policy has been created in order to disclose to you, the user, the information collection, use and disclosure for this Website, www.redpandadesigns.com.au.

This policy is in addition to the Terms and Conditions governing the Website and should be read in conjunction with those Terms of Use and Conditions.

All enquiries regarding this policy should be directed in the first instance to the Privacy Officer at:

Red Panda Designs
Courtney@redpandadesigns.com.au
Ph: 0486491238

You acknowledge that Courtney Dorward trading as Red Panda Designs (Red Panda Designs) collects and processes “personal information” (i.e. information that we can contact you with) or “demographic and usage information” (i.e. information that you submit, or that we collect, that is not personal information but is necessary for the proper functioning and billing of our service). We may pass on your personal information to your mobile phone service provider to secure collection of fees. Further, we may pass on your information to governmental agencies, including but not limited to courts and district attorneys’ offices for legal proceedings and the prevention of crimes.

COLLECTION OF PERSONAL INFORMATION

We take your electronic privacy seriously. While we are the sole owner of the information we gather on the Website, we will not share any of your information with any outside party without your explicit consent unless we are required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law, cooperate with law enforcement or other government agencies, or comply with a legal process served on the Website, or court orders. We may pass on your personal information to your mobile phone service provider to secure collection of fees.

THERE ARE THREE KINDS OF INFORMATION THAT RED PANDA DESIGNS OBTAINS ABOUT YOU

1.    Aggregate Information:
Aggregate Information is anonymous data that Websites use to analyse trends, administer the Website, diagnose problems on the sites and communication networks, track users’ movement, gather broad demographic information for aggregate use and to help improve the quality of the web pages. It may be your domain name, your IP address, or mobile phone network provider. None of this information is
connected with Personally Identifiable Information.

2.    Personally Identifiable Information:
Personally Identifiable Information is any information that personally identifies you. When you request and order, or place an enquiry from our website Red Panda Designs collects your contact details. This information is mandatory so that we are able to record the progress and the request of your order or enquiry, there will be additional information required to join the Red Panda Designs membership club. As a Red Panda Designs member you will be offered promotions as they come available. We also record other information including responses to promotions. Whenever a page is requested from our web server, we record the time, date and URL of the request, along with information on the browser software that is being used. This information is collected to provide valuable research in better understanding the preferences of our members and to enable us to better target our communications, including promotions

3.    Use and Disclosure:
We may share Aggregate Information with our partners and advertisers. We will not share your Personally Identifiable Information with any third party unless we have obtained your expressed consent to do so. An “opt-out” option will always be made available to you with all communication.

Our use for your Personally Identifiable Information can include:
- To notify you of upcoming promotions;
- To identify you if you are subscribed to the Red Panda Designs.

We will not disclose any Personally Identifiable Information about you without your express consent unless we believe it is necessary:

WHERE IT IS REQUIRED BY LAW

To provide you with services which you have requested;
- Administer and manage those services, including charging, billing and collecting debts;
- To implement our terms of service;
- To protect our rights or property or those of any Website user, or any member of the public;
- To lessen a serious threat to a person’s health or safety;
- Website Service Updates;
- For the purposes set out above we may disclose your personal information to organisations outside Red Panda Designs.
- Where appropriate, these disclosures are subject to privacy and confidentiality protections. The organisations to which we disclose information include:

OUTSOURCED SERVICE PROVIDERS WHO MANAGE THE SERVICES WE PROVIDE TO YOU, INCLUDING:

- mailing systems;
- billing and debt-recovery functions;
- information technology services;
- your representatives (e.g. your authorised representatives or legal advisers);
- credit-reporting and fraud-checking agencies;
- credit providers for credit related purposes such as creditworthiness, credit rating, credit provision and financing;
- our professional advisers, including our accountants, auditors and lawyers;
- government and regulatory authorities and other organisations, as required or authorised by law;
- other telecommunication and information service providers; and our related companies.

COOKIES

A cookie is a piece of data stored on your hard drive containing information about you. The use of cookies on Websites is a common industry standard. Cookies act as unique identifiers, used to distinguish different members. They enable us to track and target your interests to enhance your experience on our site. Once you log out of your browser, the cookie simply terminates. Please note that even after we have terminated a cookie, remnants of that cookie may remain on your computer. These
remnants are normally inactive.

Our business partners may use cookies on the Website (for example, advertisers). However, we have no access to or control over these cookies or any information collected by these business
partners.

We may use cookies when we conduct voting polls, surveys, and contests to limit multiple responses and registrations.

We will never use cookies to retrieve information from your computer that was not originally sent by us to you in a cookie.

As most browsers automatically accept cookies, you can modify your browser to refuse cookies or to alert you when cookies are being sent. By modifying your browser, it is possible that some parts of the site, such as the voting polls, surveys, contest, and game areas, will not function to their full capacity

DATA QUALITY AND SECURITY OF PERSONAL INFORMATION:

We take reasonable precautions to protect your security. We use encryption technology to ensure information is protected when being sent over the Internet. Unfortunately, there is always a risk involved in sending information through any channel including the Internet and you do so entirely at your own risk.

Authorised employees and contractors will have limited access to your personal information where it is necessary to enable them to perform relative functions. Red Panda Designs and our associated agencies and companies are obliged to respect the confidentiality of any personal information held by us.

LINKS TO THIRD PARTY WEBSITES:

This Website may contain links to other sites where we cannot be held responsible for the privacy practices of these sites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every Website that collects Personally Identifiable Information. This privacy statement applies solely to information collected by this Website.

NOTIFICATION OF CHANGES TO PRIVACY POLICY:

Any amendments to this Privacy Policy will be posted on the Website so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

ADDITIONAL PRIVACY INFORMATION:

Further information on the National Privacy Principals (NPPs) and The Privacy Amendment (Private Sector) Act 2002; visit the Australian Federal Privacy Commissioner’s Website at www.privacy.gov.au.

TERMS & CONDITIONS:

1. STANDARD TERMS AND CONDITIONS

These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Courtney Dorward trading as Red Panda Designs for its clients.

2. OUR FEES AND DEPOSITS

A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.

The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.

3. SUPPLY OF MATERIALS

You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.

Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

4. VARIATIONS

We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.

Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $100.00 per hour.

5. PROJECT DELAYS AND CLIENT LIABILITY

Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

6. APPROVAL OF WORK

On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will becomedue.

7. REJECTED WORK

If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

8. PAYMENT

Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.

9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

10. LICENSING

Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.

11. SEARCH ENGINES

We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.

12. CONSEQUENTIAL LOSS

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

13. DISCLAIMER

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Courtney Dorward trading as Red Panda Designs under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

14. SUBCONTRACTING

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

15. NON-DISCLOSURE

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

16. ADDITIONAL EXPENSES

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

17. BACKUPS

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING

We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.

19. GOVERNING LAW

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Victoria. You and Courtney Dorward trading as Red Panda Designs submit to the non-exclusive jurisdiction of the courts in and of Victoria in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

20. CROSS BROWSER COMPATIBILITY

By using current versions of well supported content management systems such as “Wordpress”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

21. E-COMMERCE

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Courtney Dorward trading as Red Panda Designs and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.