41.Unless the context requires otherwise, the following definitions apply to these Terms and Conditions:
ACL means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Business Day means a day which is not a Saturday, Sunday, public or bank holiday in Sydney, New South Wales.
Chosen Design means the design, concept or artwork we prepare for you as part of the Work and that is chosen by you.
Claim includes any allegation, action, demand, cause of action, suit or proceeding, howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at Law, in equity, under statute or otherwise.
Client, you or your means, in relation to any work that we do for you:
i.the person named as the client in the Proposal; or
ii.the person for whom Denomination undertakes/provides the Services.
Confidential Information means information provided by or on behalf of a Party (Discloser) to the other Party or any of its representatives (Recipient) in relation to the Proposal, our Fees, the Services and which:
i. is communicated by the Discloser as being confidential;
ii. is by its nature, confidential;
iii. relates to the business affairs or operating processes of the Discloser; or
iv. the Recipient knows or ought to know is confidential,
but does not include information which:
v. is already known by the Recipient without breach of any obligation of confidentiality; or
vi. is in or becomes in the public domain other than through a breach of these Terms and Conditions by the Recipient.
Consumer means a customer that is a consumer, as that term is defined in the ACL, in respect of the particular supply of the Services.
Consumer Guarantee means a guarantee relating to the supply of goods or services to Consumers provided by Division 1 of Part 3-2 of the ACL.
Denomination, we or us means Denomination Pty Ltd ACN 099 619 271.
Expenses means all expenses, disbursements, or costs incurred by us on your behalf while providing the Services, including for example, the costs of materials, third party service provider hire, and/or studio booking fees.
Fees means the amounts payable by you in respect of the Services, including the Final Fees and any additional fees referred to in clause 28, as set out in a Proposal from time to time.
Final Fees means the Fees the subject of our final invoice, billed to you on completion of the Services.
Intellectual Property Rights means trade marks, trade names, domain names, logos, get-up, patents, inventions, registered and unregistered design rights, copyrights, circuit layout rights, and all similar rights in any part of the world (including know-how) including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations.
Law means any law, regulation, authorisation, ruling, judgment, order or decree of any government agency and any statute, regulation, proclamation, ordinance or by-law.
i. any liability, cost, expense, loss, personal injury (including illness), death or damage; and
ii. in relation to a Claim, Loss includes amounts payable on the Claim and (whether or not the Claim is successful), legal costs and disbursements on a full indemnity basis.
Major Failure has the meaning given to it by the Australian Consumer Law.
Minor Failure has the meaning given to it by the Australian Consumer Law.
Other Design any design, concept or artwork other than the Chosen Design that we prepare for you as part of the Work.
Proposal means a document or documents issued (in writing or electronically) by us to you that sets out:
i. the Services that we will provide to you;
ii. the estimated times within which those Services will be provided; and/or the Fees.
Services means the brand strategy and design services provided to you from time to time in respect of a Proposal.
Work means any concepts, designs, artwork, images, ideas, inventions, presentations, or any other works or materials produced by us or on our behalf as part of the Services.