1. Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, accessible at www.digitalsand.com.au.

By using our Website, you accepted these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Website.

2. Intellectual Property Rights

Other than the content you own, under these Terms, Digital Sand and/or its licensors own all the intellectual property rights and materials contained in this Website.

Your Ownership of the Deliverables: Once you have paid all fees and invoices for your project in full, Digital Sand assigns to you all intellectual property rights in the final deliverables we create for you. That means the website design, the code, and the content we produce are yours to own, use, and take with you. There is no platform lock-in. This ownership is subject to four standard carve-outs:

Our reusable tools. Frameworks, components, libraries, templates, and know-how that we developed before or independently of your project (our “background IP”) remain owned by Digital Sand. You receive a perpetual, worldwide licence to keep using them as part of your website, and we remain free to use them on other projects.
Third-party and open-source components. Any third-party or open-source software, fonts, images, or plugins keep their original licences. We can only assign rights in what we own.
Portfolio and promotion. Digital Sand keeps the right to display and describe the work in our portfolio and marketing, and to keep a footer credit, unless we agree otherwise in writing.
Conditional on payment. Ownership transfers only once your account is paid in full. Until then, all rights in the deliverables remain with Digital Sand and your site stays private.

3. Restrictions

You are specifically restricted from all of the following:

publishing any Website material in any other media without consent;
selling, sublicensing and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is or may be damaging to this Website;
using this Website in any way that impacts user access to this Website;

4. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

5. Limitation of liability

In no event shall Digital Sand, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Website or our Services whether such liability is under contract. Digital Sand, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

6. Indemnification

You hereby indemnify to the fullest extent Digital Sand from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

7. Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

8. Variation of Terms

Digital Sand is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

9. Assignment

The Digital Sand is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

10. Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of New South Wales, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Australia for the resolution of any disputes.

Terms & Conditions