Terms and conditions

The "Subscription Agreement" and these "Terms and Conditions" which form an integral part of the Agreement, are valid upon execution by the member, client or the client's agents, licensees, members, employees, associates etc. as a result of this collectively referred to as the "client".

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Acceptance:
Abian Design Studio (ADS) commits to providing the services outlined in the Agreement, which the client agrees to accept. The client also agrees to pay all charges as specified on any Rate Schedules included in the agreement, along with any other applicable charges detailed in this Agreement. Certain services provided by ADS may require prepayment. However, when appropriate, ADS will issue monthly invoices covering specific 15-day periods, due and payable upon receipt. In cases where an invoice is issued, a late payment charge will be incurred on outstanding balances remaining unpaid 15 days after the invoice date. This charge will be the lesser of (1) 3 per cent per day of the late payment amount, starting from the invoice date.

 

Changes in the service:
Within 30 days of execution, ADS and the client reserve the right to inform the other party regarding any changes or suspensions of services or alterations to these terms and conditions. This notification will be included on the invoice (if applicable). Following this notification, the client's ongoing use of the service will be considered as acceptance of the changes or service suspensions, or modifications to these terms and conditions.

 

Deposit:
ADS reserves the right to request a security deposit to ensure payment for any amounts due for certain services. If the monthly usage surpasses the initial deposit amount, ADS may ask for an additional deposit. This deposit does not accrue interest and will be refunded upon the client's written request within 30 days of service cancellation. Any remaining deposit balance after settling the client's debts will be fully refundable.

Cancellation:
The client may cancel the Agreement at any time upon 30 days advance written notice to ADS.

Returns:
All services are provided online and thus have no return policy.

Governing law:
The Agreement will be interpreted and governed according to the laws designated by ADS. Should any provision of the Agreement be deemed invalid, void, voidable, or unenforceable for any reason, all other remaining provisions of this Agreement will still be binding and fully effective between the parties involved. ADS will specify the venue for the enforcement of the terms and conditions outlined in this Agreement.

Warranty:
ADS guarantees the quality and efficiency of the service. Moreover, ADS shall be held liable for any consequential, indirect, special, incidental, or other damages whatsoever arising from any failures, interruptions, or deficiencies in services provided under the Agreement. However, ADS's liability for any interruptions, delays, errors, or defects in services provided to the client under the Agreement shall be limited to an amount equal to ADS's charges incurred by the client for the period of service during which such circumstances occurred.

Indemnification:
If a third party initiates legal action against the client concerning any matter related to services provided by ADS, the client agrees to indemnify and absolve ADS from any associated liability. Additionally, the client shall bear the responsibility of covering any reasonable legal fees and costs incurred by ADS in the defence against such third-party actions.

Notice:
Any notice required or permitted under the Agreement shall be deemed sufficient if provided in writing and sent via the agreed client email or ADS email (mehdi@abiandesign.com.au).

Legal FEES:
If a party decides to hire a solicitor or solicitors to pursue, enforce, or safeguard its interests related to the Agreement, the party that does not succeed in court proceedings shall cover all reasonable expenses incurred in the collection, enforcement, or protection, including, but not limited to, solicitor's fees and court costs at both trial and appellate levels.

Currency of Information:
These Terms and Conditions are subject to periodic changes, thus we encourage you to revisit them regularly. For further details regarding ADS, we recommend reviewing our Privacy Policy as well.