Ladybug Terms and Conditions

    The Supplier: Belinda Cecere trading as Ladybug (ABN 70 530 221 814)
    The Customer: _____________________________________________________
    1. The Supplier Belinda Cecere trading as Ladybug (ABN 70 530 221 814).
    2. The Customer is the party or any person acting on behalf of and with the authority of the Customer that the Order is provided for.
    3. The Guarantor is the person(s), or entity, who agrees to be liable for the debts of the Customer.
    4. The Order shall be defined as any request for the provision of Services by the Customer with the Supplier which has been accepted by the Supplier.
    5. The Goods are the products and/or components provided by the Supplier.
    6. The Services are all the website designs, hosting, domain names, print design, multimedia, branding and other website related services provided by the Supplier including any advice or recommendations.
    7. The Price is the amount invoiced for the Services provided.
    8. The Rules are policies, directives and processes developed by the Supplier to enable it to carry out its obligations in a safe and legal manner and which are conveyed to the Customer in a written format or are located on the Supplier's website.
    9. Indirect, Special or Consequential loss or damage includes i) any loss of income profit or business; ii) any loss of good will or reputation; iii) any loss of value of intellectual property.
    10. Invoices include invoices for Services provided.

    1. These Terms and Conditions together with the Supplier's written or verbal quotation, the Rules and the Supplier's Credit Application Form form this Agreement.
    2. Any Order requested by the Customer is deemed to be an Order incorporating these Terms and Conditions and may not be varied unless expressly agreed to by the Supplier in writing. In the event that an inconsistency exists and/or arises between these terms and the Order it is acknowledged between the parties that these Terms and Conditions will prevail.
    3. No subsequent correspondence or document or discussion shall modify or otherwise vary these Terms and Conditions unless such variation is in writing and signed by the Supplier.
    4. The Terms and Conditions are binding on the Customer, his heirs, assignees, executors, trustees and where applicable, any liquidator, receiver or administrator.
    5. In these Terms and Conditions, the singular shall include the plural, the masculine shall include feminine and neuter and words importing persons shall apply to corporations.
    6. Where more than one Customer completes this Agreement each shall be liable jointly and severally.
    7. If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the offending provision shall be deemed as severed from these Terms and Conditions.
    8. The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer's consent but the Supplier acknowledges that it remains at all times liable to the Customer.
    9. The failure by the Supplier to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect the Supplier's right to subsequently enforce that provision.
    10. The Customer acknowledges that the Supplier may detail these Terms and Conditions on its website. In this event, the Terms and Conditions on the Supplier's website shall apply to any future dealings as between the parties and the Customer is deemed to have notice of any such Terms and Conditions and/or amendments.
    11. These Terms and Conditions must be read in conjunction with the Supplier's Credit Application Form.

    1. Orders placed by the Customer with the Supplier will be considered valid when placing the Order verbally and/or in writing.
    2. Any written Quotation given by the Supplier shall expire thirty (30) days after the date of the quotation.
    3. All prices are based on taxes and statutory charges current at the time of the Quotation. Should these vary during the period from the date of the Quotation to the date of the invoice, the difference will become the responsibility of the Customer and the Customer will be invoiced for the extra charge by the Supplier.

  5. PRICE
    1. At the Supplier's sole discretion the Price shall be either:
      1. As detailed on invoices provided by the Supplier to the Customer in respect of Services supplied; or
      2. The Supplier's quoted Price as for the Order (subject to clause 5.2).
    2. The Supplier reserves the right to change the Price in the event of a variation to the Supplier's Order, and notice will be provided in writing by the Supplier within a reasonable time.

    1. At the Supplier's sole discretion, a fifty per centum (50%) non-refundable deposit of the Price may be required before the provision of services, where the Order is for a price greater than $1,000.00.
    2. The balance of the price will be due and payable upon completion of the services.

    1. The Supplier reserves its right to:
      1. Decline requests for any Services requested by the Customer.
      2. Cancel or postpone appointments at their discretion.
    2. Unless specified by the Supplier to the contrary in the Order, the Supplier does not warrant that it will be capable of providing the Services at specific times requested by the Customer during the term of this Agreement.
    3. The Domain Name is registered with the Supplier for a minimum period of two (2) years.
    4. The Website Hosting is registered with the Supplier for a minimum period of one (1) year.
    5. Subject to otherwise complying with its obligations under this Agreement, the Supplier shall exercise its independent discretion as to its most appropriate and effective manner of providing the Services and of satisfying the Customer?s expectations of those Services.
    6. In the discharge of its duties, the Supplier shall comply with all reasonable directions of the Customer as to the nature and scope of the Services provided.
    7. Nothing in the above clause shall effect the Supplier?s right to exercise its own judgment and to utilise its skills as it considers most appropriate in order to achieve compliance with the said resolutions, regulations and directions or otherwise with its obligations under this Agreement.
    8. The Supplier may agree to provide, on request from the Customer, additional Services not included or specifically excluded in the Order. In this event, the Supplier shall be entitled to make an additional charge. Additional Services includes, but is not limited to, alterations, amendments, and any additional visits by the Supplier after provision of the Services at the request of the Customer.

    1. The Customer must make full payment to the Supplier within seven (7) days from the date of issue of invoices for the Services.

    2. Credit will only be granted at the sole discretion of the Supplier and upon submission of a completed Credit Application Form.
    3. Any credit granted may be revised by the Supplier at any time and at its discretion.
    4. The Supplier reserves the right to withdraw any credit facility upon any breach by the Customer of these Terms of Conditions or upon the Customer ceasing to trade and/or being subject to any legal proceedings and/or the Customer committing an act of insolvency.
    5. The Customer agrees that upon such withdrawal, any and all monies owing on the account shall become immediately due and payable.

    1. GST refers to Goods and Services tax under the Goods and Services Act 1999 ("GST Act") and terms used herein have the meanings contained within the GST Act.
    2. It is agreed between the Customer and the Supplier that the consideration for the Supplier expressed in this Agreement is exclusive of the Supplier's liability of GST.
      1. On sale:
        1. The Customer will pay to the Supplier, in addition to the total purchase Price, the amount payable by the Supplier of GST on the taxable supply made by the Supplier under this Agreement;
        2. The Supplier shall deliver to the Customer a Tax Invoice for the supply in a form which complies with the GST Act and Regulations.

    1. If any cheque issued by the Customer or by any third party in payment of the Price is dishonoured:
      1. The Supplier may refuse to supply any further Goods until satisfactory payment is received in full, including bank fees and charges;
      2. The Supplier is entitled to treat the dishonour of the Customer?s cheque as a repudiation of this Agreement and to elect between terminating this Agreement or affirming this Agreement, and in each case claiming and recovering compensation for loss or damage suffered from the Customer.
      3. The Customer may be liable for a dishonoured cheque fee of $40.00.

    1. Invoices issued by the Supplier shall be due and payable within seven (7) days from the invoices ("Default Date"). Without prejudice to any other rights of the Supplier, the Customer may be charged account keeping fees of $25.00 monthly on any payment in arrears.
    2. If the Supplier does not receive the Outstanding Balance for the Price on or before the Default Date, the Supplier may, without prejudice to any other remedy it may have, forward the Customer's outstanding account to a debt collection agency for further action. The Customer acknowledges and agrees that:
      1. After the Default Date, the Outstanding Balance shall include, but not limited to, all applicable fees and charges under this Agreement;
      2. The Supplier may, in its discretion, calculate interest at the rate of two percentum (2%) higher than the rate fixed from time to time under Section 2 of the Penalty Interest Rates Act 1983 (Vic) for all monies due by the Customer to the Supplier.
      3. In the event of the Customer being in default of the obligation to pay and the overdue account is then referred to a debt collection agency, or law firm for collection the commission payable where the collection agency charges commission on a contingency basis shall be calculated as if the agency has achieved one hundred percent (100%) recovery and shall be added to the debt and the legal costs, whether incurred directly or by the agency shall be calculated on the indemnity basis and added to and form part of the debt and the total shall be treated as a liquidated demand.

    1. The Customer will ensure when placing Orders that there is sufficient information to enable the Supplier to execute the Order.
    2. The Supplier takes no responsibility and will not be liable for any damages or costs resulting in the Services being deficient as a consequence of insufficient information provided by the Customer.
    3. The Supplier relies on the validity and integrity of the information provided by the Customer and takes no responsibility and will not be liable for infringement of copyright, trade mark or any other intellectual or moral property rights of any person as a result of that information provided by the Customer.
    4. The Supplier takes no responsibility for representations made in relation to the Services or any delay in the delivery of the Services due to a third party.
    5. The Customer is responsible for ensuring that the Supplier is made aware of any special requirements pertaining to the Order and the Supplier relies upon the integrity of the information supplied to it.

    1. The Supplier warrants that the rights and remedies to the Customer in this Agreement for warranty against defects are in addition to other rights and remedies of the Customer under any applicable Law in relation to the services to which the warranty relates.
    2. The Supplier warrants that if any defect in any Service provided by the Supplier becomes apparent and/or if the Customer requires any additional amendments to the service, and if it is reported to the Supplier within fourteen (14) days of the provision of the Services (time being of the essence) then the Supplier will (at the Supplier?s sole discretion) remedy the defective Service and/or make the requested amendments.
    3. The Customer agrees that if any amendments to the Service are reported after fourteen (14) days of the provision of the Service, the Customer shall be liable for any additional fees required by the Supplier to make the requested amendments.
    4. If any Services provided by the Supplier are altered by the Customer or caused to be altered by the Customer without the Supplier's consent, the warranty shall cease and the Supplier shall thereafter in no circumstances be liable under the terms of the warranty.
    5. Where the Customer has complied with the conditions of warranty for defective Services, the Supplier's liability is limited to rectifying and/or remedying the defective Services.
    6. To the extend permitted by law, damages for breaches of warranties for Services are limited to the supply of the Service or the repayment of costs for having the Services rectified and or refund of price paid by the Customer.

      Claims made under Warranty
    7. Subject to clause 13.2 of this Agreement claims for warranty should be made in one of the following ways:
      1. The Customer must send the claim in writing together with proof of purchase to the Supplier's business address stated in clause 2.1 of this Agreement;
      2. The Customer must email the claim together with the proof or purchase to the Supplier on
      3. The Customer must contact the Supplier on the Supplier's business number 1300 658 438.

    1. Any Order cannot be cancelled by the Customer unless expressly agreed to by the Supplier in writing.
    2. Any Orders pertaining to Website Hosting and/or Domain Names cannot be cancelled by the Customer unless written notice is given to the Supplier within fourteen (14) days before the expiration of the renewal date for the Order.
    3. Without prejudice to the Supplier?s other remedies at law, the Supplier shall be entitled to cancel all or any part of any Order of the Customer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable in the event that:
      1. Any money payable to the Supplier becomes overdue; or
      2. The Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      3. A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

      Limitation of damage
    4. The Customer acknowledges that in the event of any breach of this Agreement/Order by the Supplier resulting in indirect, special or consequential loss, the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price.

  15. SET-OFF
    1. The Customer shall have no right of set-off in any suit, claim or proceeding brought by the Supplier against the Customer for default in payment.
    2. The Customer acknowledges that the Supplier can produce this clause in bar of any proceeding for set-off.

    1. The Supplier may make Rules to limit the material that can be uploaded to the Supplier?s server and prevent the exercise of any illegal activity on the supplier?s server.
    2. The Customer acknowledges and agrees that the Customer is restricted in the material that can be uploaded to the Supplier?s server as follows;
      1. Photos, logos and documents are permitted;
      2. Programs or software are prohibited.
    3. The Customer acknowledges and agrees that the following content is prohibited from the Customers website:
      1. Pornographic pictures, obscene or nude material;
      2. Graphically violent material;
      3. Racist, defamatory or offensive material;
      4. Any illegal material.
    4. The Customer acknowledges and agrees that Offence or indecent page names will be blocked from the Customers website.
    5. The Customer acknowledges and agrees that the following activities are not permitted:
      1. Hacking;
      2. Spamming to promote the Customers website;
      3. Any illegal activity.
    6. If the Customer breaches any of the conditions in 16.2, 16.3 or 16.4, of these Terms and Conditions the Supplier reserves the right to:
      1. Block the Customer?s website and/or;
      2. Remove the Customers website and/or;
      3. Remove any content from the Customers website and/or;
      4. Retain any fees paid by the Customer.
    7. The selling of illegal substances or items that contravene the laws of Australia is prohibited.

    1. The Supplier is not liable to provide any insurance cover in relation to the provision of the Goods and Services. The Customer is responsible to effect whatever insurance cover he requires at his own expense.

    1. This Agreement is deemed to be made in the State of Victoria and all disputes hereunder shall be determined by the appropriate courts of Victoria.

  19. PRIVACY ACT 1988
    1. The Customer and/or the Guarantor/s agrees;
      1. For the Supplier to obtain from a credit reporting agency a credit report containing personal credit information about the Customer and Guarantor/s in relation to credit provided by the Supplier.
      2. That the Supplier may exchange information about the Customer and the Guarantor/s with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency.
      3. The Customer consent to the Supplier being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
    1. These Terms and Conditions as defined in Clause 3.1 constitute the whole Agreement made between the Customer and the Supplier.
    2. This Agreement can only be amended in writing signed by each of the parties.
    3. All prior discussions and negotiations are merged within this document and the Supplier expressly waives all prior representations made by him or on his behalf that are in conflict with any clauses in this document in any way.
    4. Nothing in these Terms and Conditions is intended to have the effect of contravening any applicable provisions of the Competition and Consumer Act 2010 or the Fair Trading Acts in each of the States and Territories of Australia.