Terms And Conditions
The Following Terms and Conditions are Summarised and Temporary And Will Subject To Frequent Changes.
By accessing this website and/or using our services, we assume you accept these terms and conditions in full. Do not continue to use Matthew Drafting’s website or any services if you do not accept all of the terms and conditions stated on this page.
To avoid misunderstanding and for simplification purposes, our business name “Matthew Drafting and CAD Services” can be also known as “Matthew Drafting” on all our websites including third party webpages and all other documents.
Terms And Definitions
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
“Client”, “You” and “Your” refers to you, the person accessing this website, or use our services and accepting the Company’s terms and conditions.
“The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company.
“Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
“Services” refers to any of the works provided by us including both contracting and non-contracting works.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Australia. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
The company is not liable for failure to perform the contract to the extent and for so long as the performance is prevented or delayed because of:
1. Circumstances outside the company’s control; or
2. Failure of the company machinery or software; or
3. Failure of a supplier to the company.
Fee and Payment
In accordance with taxation law, a 10% good and services tax will be added to all fees.
Payment for all services must be made in full (without any set-off) and received by the company no longer than 2 weeks unless mentioned otherwise in other agreements. Payment is only received by the company when it receives cash or when the invoices of other methods of payment are credited and received to the company’s bank account.
In some cases where the deposit is required before the services commenced, it is required for you to deposit at least 50% and the delay of this payment will not be included in the promised due date unless mentioned otherwise.
It is your responsibility to:
1. Pay for the fees of services on time under Clause 4
2. Pay for all other amounts owing or unpaid by you
3. Provide full, accurate, non-misleading information related to the services that we provided
4. Do all things necessary and execute all documents required by us to register each security interest in the services
5. Available to be contacted at all time during the use of our services
6. Notify us immediately in writing of any change in your ownership or in the ownership of your business information, or any pieces of information related to the services that we provided
7. All actions, communications and warrenty claims must be with full honesty and good faith.
We have adopted the Privacy Principles (APPs) contained in the Privacy Act 1988 that it is under our responsibility to protect all your personal information and with a few exceptions:
1. Legal authorities or any third party organisations if it is required by laws.
2. Sharing only the necessary information in the case that we subcontracting third-party organisations.
We reserve the right to use your information such as address, specifications and relevent drawings and photographs that we produced on our website for advertisement purposes.
A. Unless otherwise stated, Matthew Drafting and/or it’s licensors own the intellectual property rights for all material provided by Matthew Drafting. All intellectual property rights are reserved. You may view and/or print pages from all Matthew Drafting websites and web pages for your own personal use subject to restrictions set in these terms and conditions. You must not:
1. Republish material from Matthew Drafting; or
2. Sell, rent or sub-license material from Matthew Drafting; or
3. Reproduce, duplicate or copy material from Matthew Drafting; or
4. Redistribute content from Matthew Drafting (unless the content is specifically made for redistribution).
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
The following warrenties only apply to CAD services and without affected by external force stated in clause 3.
A. Next Morning Policy: We agree to provide the drawings (partially or entirely) free of charge, if the workload is 2 Hours Or less, and we cannot provide the service in time by the next day at 12PM. However, you are only eligible to claim this warrenty if you have satisfied all of the following conditions:
1. You have complied with this Terms and Conditions, especially, Customer Responsiblities in Clause 5.
2. There are no changes to your requirements and constraints after you accepted our offer.
3. You have claimed the warrenty in the Clause 10 (B) (Satisfaction Guaranteed) in this Terms and Conditions
Please note that mistakes in drawings or disatisfaction in the quality of work are not eligible claim in this clause.
B. Satisfaction Guaranteed: You found any incorrect features or mistakes in our final drawings, we will provide correction service, free of charge. However, these errors must be satisfied all of the following conditions:
1. Contradictions between the final drawings and one of your design requirements provided to us ONLY in written formats.
2. You have complied with this Terms and Conditions, especially, Customer Responsiblities in Clause 5.
3. There are no changes to your requirements and constraints after you accepted our offer.
4. No additional features were introduced to the final drawings.
5. Your requirements must be clear, non-misleading and accurate, and with additional explainations, relevant documents and definitions if necessary.
A. For CAD services, we will not be liable for miscalculations, miscommunications, misrepresentation, failures in designs or measurements or any loss or damage of any nature. After you received the final results, you will have full responsibility to verify all the contents in the drawing provided.
B. We reserve the right to transfer the responsibilities and/or, any parts (or entirely) of the services that we received from you to third parties organisations and/or contractors through our name without notices.
C. In the case that we transfer the responsibilities and/or, any parts (or entirely) of the services to any third party organisations or contractors, the third party organisations or contractors will be fully responsible for any breach of codes of conduct and any loss or damage of any nature. You agree to indemnify and defend us against all claims arising out of or based upon your organisation.
Limitation of Liability
No link(s) and/or any association that may appear on any work in your organisation or within any context containing content or materials that may be interpreted as:
1. Libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights; or
2. Any direct or indirect, special or consequential loss; or
3. Any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Breaches in Contract
In any cases that you failed to comply with this Terms and Conditions, we reserve our the right to:
1. Terminate our services with you and/or your organisations; or
2. Reject future services with you and/or your organisations; or
3. Change the fees for the Services at any time or impose additional fees or charges; or
4. File legal appropriate actions toward your and/or your organisations according to laws or any laws in effects at the location of your organisations.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
1. Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
2. Limit any of our or your liabilities in any way that is not permitted under applicable law; or
3. Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.