Terms & Conditions

Web design, graphic design, consultation, advice, marketing services, information and all products, programs and services provided by Argonyx Marketing are subject to our Terms and Conditions of Trade regardless of whether they are paid or unpaid.

Argonyx Marketing commitment to Your Privacy

  1.  Definitions

    • Agreement means the terms and conditions contained herein this agreement, the Application Form, Quote and the Tax invoice;
    • Application Form means the application form provided by the Supplier;
    • Authorised Representative means the person nominated on the Application Form and any other person as nominated by the Client from time to time; Client means the applicant named on the Application Form;
    • Goods means any goods including third party goods supplied by the Supplier to the Client;
    • Payment Schedule means the schedule provided to the Client which details the amount payable for Services provided by the Supplier to the Client and schedule payments are due;
    • Personal Guarantee Deed means the personal guarantee deed annexed to this Agreement;
    • Privacy Notice means the privacy notice annexed to this Agreement;
    • Project Completion Form means the form provided by the Supplier to the Client at the completion of the project which must be signed by the Client to confirm the project is completed;
    • Proposal means the document provided to the Client by the Supplier which outlines the proposed Services to be provided by the Supplier;
    • Purchase Price means the costs of the Goods or Services as at the date of this Agreement and stated on the Quote as varied from time to time by the Supplier;
    • Supplier means Argonyx Marketing Pty Ltd ABN 42 136 935 389;
    • Quote means the Supplier’s Quote provided to the Client for the Services and/or goods related to the work/supply noted in any proposal;
    • Services means any goods or services supplied by the Supplier to the Client from time to time that relate to any work or service contemplated by this Agreement and the Quote;
    • Substantial Change means any variation to Quote that may in any way effect the scope of Services and/or Goods to be provided as determined by the Supplier; and
    • Tax Invoice means the tax invoice supplied by the Supplier to the Client.

  2. Acceptance Of Terms And Conditions

    • The Client agrees to be bound by the terms and conditions of trade, which shall constitute part of the contract.
    • These terms and conditions and the Quote are deemed to be accepted by the Client upon either of the following events occurring:
      • the Application Form is signed by the Client or their Authorised Representative ; or
      • the Client instructs the Supplier to supply the Services and/or Goods.
    • Upon acceptance pursuant to this clause the Client must execute and return the Personal Guarantee Deed and Privacy Notice prior to the Supplier providing the Services and/or Goods, unless the Supplier agrees otherwise.
    • The Client acknowledges that because Argonyx Marketing is a progressive business, these terms and conditions will change from time to time. A current copy of these terms and conditions can always be found on the website and by request to Argonyx Marketing.

  3. Specification And Quotation

    • The Client acknowledges that the Specification including all email correspondence and phone dialog forms part of the contract and that the Specification is for once only provision of the job described in the quote.
    • The Client acknowledges that the Quote forms part of the contract and that the Quote is for once only provision of the job described in the Quote.
    • The Client acknowledges that the Quote is only valid from 14 days from the date of issue. After this time the quote is subject to review.
    • The Client acknowledges that the payment details form part of the contract and that the payment details is for once only provision of the job described in the quote.
    • The Client acknowledges that the Guarantee Details form part of the contract.

  4. Authority

    • The Customer acknowledges that the Supplier has not made any representation or agreement whereby the Customer has relied upon.
    • If any representation or agreements have been made by the Supplier or any representative thereof, the Customer agrees that they have not relied upon.

  5. Confidentiality

    • The Client agrees to keep all correspondence between Client and Supplier confidential except where expressly permitted in writing.
    • The Supplier agrees to keep all correspondence between Client and Supplier confidential except where required through partners, subcontractors and other parties involved with the Supplier.
    • The Client agrees
      • Not to infringe any participants or Argonyx Marketing’s copyright, patent, trademark, trade secret or other intellectual property rights
      • That any Confidential Information shared by program participants or any representative of the Supplier is confidential and proprietary, and belongs solely and exclusively to the participant who discloses it or the Supplier
      • Not to disclose such information to any other person or use it in any manner other than in discussion with other program participants during program sessions; the Client is not permitted to use, re-use, share, sell or repackage any information in any Argonyx program for any coaching, courses, or consulting offered by Client
      • That all materials and information provided to you by the Supplier are its confidential and proprietary intellectual property belong solely and exclusively to the Supplier, and may only be used by you as authorized by the Supplier
      • That nothing in this agreement shall be construed as a transfer of Supplier’s intellectual property and any license whether direct or implied shall not survive the termination of this agreement unless specifically stated otherwise
      • The reproduction, distribution, and sale of these materials by anyone other than the Supplier is strictly prohibited
      • That if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Supplier and/or the other program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations
      • That while you are free to discuss your individual results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence.
        You further agree that your participation is subject to our Privacy Policy and Terms of Use

  6. Price

    • The price payable for the Services is the Purchase Price.
    • Prices are subject to change from time to time by the Supplier with no notice being required to be given to the Client.

  7. Payment

    • The Client agrees to pay Argonyx Marketing according to the Payment Schedule before any work is undertaken and acknowledges that all related deposits are non-refundable.
    • The Client agrees to pay Argonyx Marketing the remainder of the purchase price immediately upon receipt of the dated invoice upon contract completion.
    • All payments to the Supplier:
      • must be made by either direct deposit into the Supplier’s nominated bank account or by credit card;
      • must be made within the date as noted on the Tax Invoice or as otherwise directed by the Supplier; and
      • must be made in the manner as stated on the Tax Invoice.
    • The Supplier reserves the right at any time to withhold or cancel the supply of the Services and/or Goods any time, without notice, if the Client fails to comply with the terms of this Agreement.
    • The Supplier may withhold access to and delivery of any Goods or performance of any Services until clear payment is received.
    • If the payment of the purchase price is not made according to these terms the Client’s software, website(s), hosting and/or product(s) may be deactivated.
    • All payments are non refundable unless expressly covered under a guarantee or service agreement.
    • All prices are in Australian Dollars and are subject to Goods and Services Tax (GST) of 10%.

  8. Default

    • If the Client:
      • Makes default in any payment;
      • Breaches any terms contained herein this Agreement;
      • Commits any act of bankruptcy or goes into bankruptcy;
      • Is insolvent, or is likely to become insolvent, within the meaning of the Corporations Act 2001 (Cth);
      • Has an administrator, liquidator or provisional liquidator, receiver and manager, or controller appointed over the Client;
      • Is subject to a winding up application under the Corporations Act 2001 (Cth);or
      • Has a judgment awarded against it by any court or tribunal; then Supplier may terminate this Agreement and all Tax Invoices and other monies owing to the Supplier become immediately due and payable.
    • In the event of default under this clause, the Supplier may, at its discretion:
      • Elect to apply an interest charge against the Client’s account at the rate of 5% of the outstanding monies per month or part thereof;
      • Charge an administration fee each month, or portion thereof, that an amount owing by the Client is overdue;
      • Commence proceedings against the Client or enforce any personal guarantee;
      • Call and act upon any security interest that the Supplier is entitled to enforce;
      • Recover against the Client all moneys that are owed to the Supplier including incidental costs that are incurred in relation to the Client’s default including collection costs;
      • list the default in payment with the appropriate credit reporting agency; and
      • Perform any other action that the Supplier deems appropriate to enforce this Agreement and recovery monies owed.

  9. Termination/ Cancellation

    • Unless otherwise stated, all agreements are for a minimum 90 days and if the Client wishes to cancel the supply of Services and/or Goods then they must give 30 days’ notice in writing to the Supplier notifying them of termination.
    • In the event that the Client wishes to terminate the agreement between the parties whereby the Supplier is providing Services and/or Goods for a fixed period of time, then the Client must pay to the Supplier an amount equal to 75% of the remaining monetary obligation owed under the agreement to the Supplier in addition to payment for the Services and/or Goods already performed and/or supplied or part thereof.
    • If a project does not go ahead at any stage Argonyx Marketing will charge for services rendered to that date. This includes but is not limited to client meetings, preliminary discussion time and concept development meetings. If no written notice of cancellation is given before the completion of the finished product then the Client agrees to pay the full amount.
    • The charges can be based on both an hourly rate or a specific fee depending on the type and extent of the work carried out and the time and expenses incurred on that project up to the approved cancellation date.
    • The Supplier may terminate this Agreement at any time if the Client breaches the terms and conditions contained herein without notice to the Client.

  10. Client Delays

    • Sometimes Client delays are experienced and include, but are not limited to, checking of a proofs, receiving content or images. The Client agrees that these such delays will result in the Client being invoiced for the full amount of their project payable as per terms of invoice and Argonyx Marketing to continue with the project when the Client delay is resolved.
    • Should the delay be so long that prices have changed; Argonyx Marketing agrees to inform the Client of additional charges before completing the project.
    • Should a delay extend more than 30 days waiting on approval or information from the Client, interest may be charged at 8% of project total per month or part thereof while the Supplier waits to receive this approval or information.
    • See ‘Final Product’ Clause

  11. Web Development

    • The Client agrees that they are as committed to their project as we are. To reflect this Argonyx Marketing requires all images to be received within 5 working days of project signoff. If these images are not received the Client authorises Argonyx Marketing to purchase images on behalf of the Client to ensure the project is completed on time. The Client shall be responsible for expenses for the purchase of additional materials for their project.
    • All content is to be received at least 5 days prior to the project ‘go-live’ date. Additional content may be added by the Client after this if a Content Management System (CMS) is included in the project. Clients not utilizing a CMS will be required to pay a data entry fee if they wish Argonyx Marketing to enter content on their behalf once the project has gone live.
    • Unless otherwise stated specifically in the Quote and Proposal, a maximum of 50 web pages and 100 products will be included in the website as part of the quoted solution. Additional pages will attract a futher charge.
    • Unless otherwise specified all browser compatibility will be implemented for the latest versions of the major browsers Google Chrome, Internet Explorer, Mozilla Firefox, Safari and Android only.

  12. Design

    • All design proofs including website designs must be approved or amended within 5 working days to avoid major project delays.
    • The Client agrees that they are as committed to their project as we are. To reflect this Argonyx Marketing requires all images to be received within 5 working days of project signoff. If these images are not received the Client authorises Argonyx Marketing to purchase images on behalf of the Client to ensure the project is completed on time. The Client shall be responsible for expenses for the purchase of additional materials for their project.

  13. Dispute As To Invoice Total

    • The Client acknowledges where it wished to dispute an invoice then it shall, within seven (7) days from the date of invoice provide to Argonyx Marketing in writing details which part of the invoice is in dispute. If Argonyx Marketing does not receive written notice within 7 days from the date of invoice the Client shall be deemed to have accepted the invoice, and will pay the total.

  14. Project Completion

    • The Client agrees to sign a Project Completion Form at the completion of the project.
    • If the Client refuses to sign the Project Completion Form yet Argonyx Marketing has completed the project to specifications the Client acknowledges that they may forfeit their right to additional services from Argonyx Marketing, for example support and maintenance.

  15. Title And Use

    • As is standard for all creative industries, the creator retains copyright off all ideas and work produced during the lifetime of this project. This copyright then entitles the creator to any subsequent royalties generated through this work. This copyright however may be sold to the client or superseded by an agreement such as detailed in this and the License section of this contract.
    • The Client acknowledges Argonyx Marketing remains the sole owner of the artwork, software, source code and all industrial and intellectual property rights associated with the artwork, software and source code including trade secrets and copyright.
    • Subject to the Payment clause if the Client has fully complied with this contract Argonyx Marketing grants the Client a nontransferable license to use work in accordance with the license described in below and according to the standard National Copyright laws already in existence.
    • The Client acknowledges that wherever open source software is used in their project they are purchasing the installation, configuration and in some cases, maintenance services and not the software license as this would constitute illegal practice.

  16. License – The License Allows The Client To:

    • Only use the work for the specified purpose the Client outlined as its intended use and stated business.
    • The work is protected by Copyright and the Client is not authorized to reproduce or use the work except as permitted by the Title and Use Clause.
    • The Client acknowledges that it only has a license to use the work upon full payment of the amount agreed upon. The work and related documentation and materials are licensed, not sold, to the Client for the use only as outlined in the quote and the terms of this license and the artist/creator reserves all rights not expressly granted to the Client.
    • The Client shall not copy, alter, modify, trace or amend the work without Argonyx Marketing prior written consent.

  17. Restrictions

    • The Client may not transfer, modify, adapt, translate, rent, lease, loan, sell, network or create derivative works based upon the works or any part thereof unless outlined in a separate contract.

  18. Client’s Obligations

    • The Client acknowledges that is it wholly the responsibility of the Client to ensure the suitability of the work before commencement.
    • The Client acknowledges that is it wholly the responsibility of the Client to ensure the suitability or availability of trademarks, copyright or registration of any creative works created by Argonyx Marketing.
    • The Client acknowledges that is it wholly the responsibility of the Client to ensure work is suitable for use before implementation and that Argonyx Marketing will not be held liable for any or all damages or costs caused by the artwork, text, software or code. Argonyx Studio will not be held liable for any loss or damage arising from the service rendered or product provided, whether direct, indirect, special, incidental or consequential.
    • The Client acknowledges that is it wholly the responsibility of the Client to ensure that Argonyx Marketing can legally use all materials provided by the Client. Materials include, but are not limited to, logos, designs, images, text and code. The Client agrees that it is the responsibility of the Client and not Argonyx Marketing should any infringements occur.
    • The Client acknowledges that is it wholly the responsibility of the Client to seek and obtain independent advice as to whether any ‘works’ created by Argonyx Marketing are suitable for protection provided by the Trade Marks Act or is available without infringement of copyright, trade marks or any other form of registration.
    • The Client warrants:
      • that all information provided to the Supplier is accurate and acknowledges that the Supplier has placed reliance on the information provided and is not required to make any enquires to determine the validity of the information provided;
      • the Authorised Person has the authority to perform and authorise any action that the Client may undertake; and
      • that all times throughout the term of this Agreement the Client will notify the Supplier if there is a changed to the Clients Authorised Person.
    • The Client authorises the Supplier to:
      • the extent permitted by law, to collect, retain and use any information about the Client; and
      • disclose any information obtained by any person for the purposes of delivering the Services and/or Goods.
    • The Client indemnifies the Supplier against:
      • Any penalty or liability incurred by the Supplier for any breach by the Client of this Agreement; and
      • All actions, claims, demands, losses, damages, costs and expenses which the Supplier may sustain or incur or for which the Supplier may become liable whether during or after the term of this Agreement, by reason of any act or omission or negligence by the Supplier and its respective employees or any other authorised person.
    • The Supplier is not liable for any defect or damage caused by the Supplier providing or supplying the Services and/or Goods.
    • The Supplier is not liable to compensate the Client for any losses incurred for failure or delay if such is due to fire, cyclone, earthquake, flood, tsunami, inclement weather, strike, labour dispute, war, government order, riot, revolution, pandemic, civil commotion or any other cause beyond its reasonable control.
    • The Client will provide access to:
    • The Client will provide administrator access to Supplier for the following within 14 days as requested:
      • FTP for Client’s website
      • Content Management System
      • Analytics System
      • Google Accounts
      • Social Media Accounts
      • Folder of available images and videos
    • The Client acknowledges that the Supplier is committed to providing all product, program and service participants with a positive experience. Thus, they may, at their sole discretion, limit, suspend, or terminate your participation in any of their programs, live, recorded, social media-based, digital or in person without refund or waiver of remaining payments if
      • you become disruptive or difficult to work with
      • you fail to follow the program guidelines; or,
      • you impair the participation of our instructors or participants in our program(s) or service(s)

  19. Corrections

    • The Client agrees to pay Argonyx Marketing all fees and charges relating to requests by the Client for Authors Corrections, alterations and amendments to the goods, data, software, source code or materials supplied that were not included in the original brief.

  20. Recommendations

    • Although Argonyx Marketing takes all care in providing accurate and correct advice, recommendations and information, the Client acknowledges that is it wholly the responsibility of the Client to seek and obtain independent advice as to whether any recommendations made or advice given by Argonyx Marketing are suitable to be followed.
    • The Client agrees that if they choose to follow any Argonyx Marketing advice, recommendations or information they do so at their own risk and Argonyx Marketing will not be held liable in any way for any resulting loss, damage or suffering experienced by the Client as a result of following such recommendations or advice.
    • The Client agrees that any changes in the company or services of recommended or advised companies impacting upon the Client and/or products and projects will not be the responsibility of Argonyx Marketing and any necessary amendments, changes or upgrades to any project/product will be at the expense of the Client.
    • The Client agrees that information supporting or recommending Argonyx Marketing will be accompanied by additional independent research by the Client.
    • The Client agrees that Clients, Partners and Associates of Argonyx Marketing will not be held liable for any information provided in support of or that influence the decision of choosing Argonyx Marketing. This applies to items including but not limited to testimonials, case studies, marketing messages, and website information.

  21. Provision of Leads

      • A lead is an entity (person, business, etc.) who shows interest in the Client’s brand, products or services, directly or indirectly through another website such as a lead generation website, which makes the entity a potential customer. A lead is not:
        • 100% qualified
        • Ready to buy immediately, though some might be
        • Guaranteed to turn into a sale
        • A number of leads are usually required to make a sale. The specifics vary from industry to industry and include factors such as the skill of the salesperson, ability of the lead to obtain finance, further qualification of the lead, and the sales process of the Client

        1. Acknowledgement / Attribution

          • The Client agrees that upon the use of the work in any book, magazine or any other form of publication or display, the name of the artist can and will be displayed as a credit on any or all works.
          • The Client agrees that it shall give due credit and acknowledgement for the work created and co-operate with Argonyx Marketing in any promotional related activities Argonyx Marketing may undertake to promote the work or Argonyx Marketing.
          • The Client agrees to allow Argonyx Marketing place links within their product/s to the Argonyx Marketing Website and data centers.
          • The Client agrees that Argonyx Marketing may use the Client’s name(s), User’s name(s), corporate image and profile for the purposes of promotion and all related activities.

        2. Electronic Storage

          • The Client agrees that it shall have no right or title to data produced and stored by Argonyx Marketing on disks or any other electronic media for use by the Client or other parties authorized by the Client to obtain that data (e.g. computer files created during the production process).
          • Argonyx Marketing shall have the exclusive right to refuse access to this material or may charge the Client for its use unless by prior agreement.
          • Disks and tapes supplied by the Client and other authorized persons remain the Client’s property.

        3. Expenses

          • The Client shall be responsible for reimbursing Argonyx Marketing for all expenses arising from the production of the project.
          • The Client acknowledges that most advertising platforms have built-in systems that automatically increase budgets beyond those set by the Argonyx Marketing. These budget increases are often in the vicinity of 10% to 20% or more and where this is charged by an advertiser these costs will be passed directly onto the Client. Budget increases are usually applied by an advertiser to a campaign that is already performing well in an effort to generate additional sales.

        4. Preliminary Work/Concept Development

          • All work carried out, whether experimentally or otherwise will be charged to the Client.

        5. Proofs

          • Proofs of all work may be submitted for the Client’s approval and Argonyx Marketing shall incur no liability for any errors not corrected by the Client in proofs so submitted. The Client’s alterations and additional proofs necessitated by these alterations shall be charged to the Client as Authors Corrections.
          • Due to the nature of marketing and the quick changes that are often required not all work will be provided for proofing. The Client agrees to monitor their campaigns for required changes.
          • All time taken from the time a proof is submitted till the time of acceptance of the proof, the Client agrees to extend the due date by the same amount of time. Therefore any delays caused by the Client or Argonyx Marketing will result in an extension of the due date by the time of delay.
          • Any and all delays caused by the Client will result in an extension of the due date by the time of delay or in the case of marketing will use up allocated time and resources as though a campaign were continuous.
          • While every effort is made to ensure there are no spelling or grammatical errors in the final product, the Client shall be responsible for ensuring there are no spelling or grammatical errors in the final product.

        6. Authors Corrections

          • Any services or materials requested by the Client after confirmation of approval by the Client, including changes or additions, will be billed in addition to the original amounts estimated. They will be shown on each and every account as Authors Corrections. Such Authors Corrections shall include but not be limited to resetting, copy alterations, graphic redrawing and/or repositioning of elements.
          • No additional charges will apply to additional work required to meet the agreed specification requirements.

        7. Updates

          • Any updates requested by the Client after confirmation of approval by the Client, including changes or additions, will be billed in addition to the original amounts estimated. They will be shown on each and every account as Updates. Such Updates shall include but not be limited to program or database adjustments or alterations, additional modules or components, resetting, copy alterations, graphic redrawing and/or repositioning of elements.

        8. Hosting

          • The Client agrees that Argonyx Marketing takes no responsibility for errors, issues or other problems associated with products that are not hosted with Argonyx Marketing or Argonyx Marketing chosen affiliate.
          • Unless otherwise stated explicitly, where hosting includes support this support is a maximum of 30 minutes each month that does not roll over and is by email only. The Client Acknowledges that phone support is paid separately unless covered under a separate support arrangement.
          • Support is defined as technical assistance for the Client and not performing the work for the Client where it is possible for the Client to complete the work themselves.

        9. Consultation

          • The cost of consultation may be adequately compensated for. Argonyx Marketing can charge an hourly rate and propose a consultation fee comparable to time away from productive work e.g. client meetings, travel or research.

        10. Ownership Of Artwork, Software, Ideas, and Materials

          • Argonyx Marketing retains ownership of all original artwork, software, media, ideas, and materials, whether conceptual, preliminary or final unless purchased under a separate contract to this and paid for under a separate quote and invoice to this contract and will be purchased at a separate and specific price.
          • The Client retains ownership of all original artwork, software, media, and materials, supplied to Argonyx Marketing as part of the engagement.

        11. Geographical Restrictions

          • The license agreement only allows for usage within Australia and for the stated purpose for which it was intended at time of granting of the Limited License.
          • Unless by prior agreement: in the form of Overseas User License Agreement, signed by both parties. Overseas License Agreement allows the use of licensed works in countries outside Australia. The Overseas License Agreement will list all applicable countries within which the works may be used and will state the intended purpose of the artwork.
          • The Client acknowledges that a separate fee to cover overseas use will be applicable. The quoted price for standard User License Agreement does not cover overseas usage. Argonyx Marketing shall have the exclusive right to refuse access to this material for use outside Australia or may charge the Client for its use unless by prior agreement.
          • If the client wishes to make any additional use of the materials apart from that outlined in these terms and conditions, the client agrees to seek permission from Argonyx Marketing and make such payments as negotiated by parties at that time.

        12. Time Restrictions

          • Unless dealt with in a separate agreement, the term of the user license will be for fifty (50) years from the year in which the works were created or of granting the usage rights of work as outlined in the quote. After these fifty years have passed the User License granted to the Client will be nullified and all usage rights will revert to the artist/creator or the artist’s/creator’s estate or court appointed representatives.
          • If further usage rights are required beyond those fifty years, the Client acknowledges that a separate fee to cover further use will be applicable.

        13. Clip Art/Image Library Exclusion

          • The artwork or code will never be sold, lent or used, on or in, any “clip art” situations. That is, it will not be used or form part of any image “library” that is used or accessible by the public or Clients, either by renting, buying or free access.

        14. Final Product

          • Argonyx Marketing agrees to provide the Client with complete artwork or complete software according to the specifications given by the Client if the Client complies completely with all other conditions of the contract.

        15. Liability

          • The parties acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Client in relation to the provision of the Services and/or Goods which cannot be excluded, restricted or modified by the Agreement (“Non-excludable Rights”).
          • The Supplier disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Client, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of the Supplier for a breach of a Non-Excludable Right is limited, at the Supplier’s option, to the supplying of the Services and/or Goods again or payment of the cost of having the Services and/or Goods supplied again.
          • The Supplier’s liability for any claim in relation to this Agreement or the supply or performance of the Services and/or Goods (whether under statue, contract, tort, negligence or otherwise) will be limited to the amount of the fee paid by the Client to the Supplier.
          • The Supplier is not be liable to the Client for any claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any direct or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) of any remote abnormal of unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties, as a result of or in connection with the provision of the supply or performance of the Services and/or Goods.
          • The Client agrees that they waive any claim, future or present, that they may have or may arise against the Supplier that is in any way connected directly or indirectly with the supply of the Services and/or Goods.
            • Not withstanding any other provision of this Agreement, the Supplier is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Client for:
            • any increased costs or expenses;
            • any loss of profit, revenue, business, contracts or anticipated savings;
            • any loss or expense resulting from a claim by a third party; or
            • any special, indirect or consequential loss or damage of any nature whatsoever caused by the Supplier’s failure to complete or delay in supply of the Services and/or Goods.
          • The Client further indemnifies the Supplier from any costs or charges that in anyway either directly or indirectly relate to the supply of the Services and/or Goods and further for any services or goods that the Supplier performs or supplies.

        16. Auditing Privileges

          • The Client agrees that where any pay on performance arrangement is made with Supplier that full accounting and auditing privileges are assigned to Supplier with 2 business hours audit notice from Supplier. If full customer records are not provided within the timeframe the Client agrees that an estimate and rate will be determined by Supplier in the absence of accurate information and will be invoiced and due upon receipt of invoice.
          • The Client agrees that failure to assign auditing privileges and provide accurate information constitutes a breach of agreement.
          • The Supplier agrees no changes will be made to accounting entries while auditing.
          • The Client and Supplier agree that audits will be conducted under the same laws governing accounting confidentiality.

        17. Protection

          • If one part of this agreement becomes invalid or not applicable for any reason whatsoever, it shall have no impact upon the other parts of the agreement or agreements which the Client has with Argonyx Marketing whatsoever including but not limited to validity.

        18. General

          • Nothing in this Agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricted or modifying any condition, warranty, guarantee, right or remedy implied by the law (including the Competition and Consumer Act 2010) and which by law cannot be excluded, restricted or modified.
          • These terms and conditions supersede all terms and conditions previously issued by the Supplier.
          • The parties acknowledge that this Agreement is intended as a contract for the supply of Services and not any other relationship and, in particular, not the relationship of employer and employee, principal and agent or the relationship of partnership.
            • A communication required by this Agreement, by a party to another, must be in writing and may be given to them by being:
            • Delivered personally;
            • Posted to their address specified in this agreement, or as later notified by them, in which case it will be treated as having been received on the second business day after posting;
            • Faxed to the facsimile number of the party with acknowledgment of receipt received electronically by the sender, when it will be treated as received on the day of sending; or
            • Sent by email to their email address, when it will be treated as received on that day.
            • If any provision, or the application of any provision, of this Agreement is prohibited, invalid, void, illegal or unenforceable in any jurisdiction:
            • This will not affect the validity and enforceability of the provision or part in other jurisdictions;
            • the provision or part will only be ineffective to the extent of the prohibition, invalidity, voidness or illegality; and
            • The provision or part will be severed and will not affect the validity or enforceability of the remaining provisions or parts of this Agreement.
            • Each party must do all things and execute all further documents necessary to give full effect to this Agreement.
          • This Agreement will be governed by the laws of Queensland, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland.
          • Each party acknowledges that the party has received legal advice or has had the opportunity of obtaining legal advice in relation to this Agreement.
          • This Agreement may be executed in any number of counterparts each of which will be an original but such counterparts together will constitute one and the same instrument and the date of the Agreement will be the date on which it is executed by the last party.
          • Calls and conferencing will be recorded.
          • You acknowledge that all program sales are non-refundable and waive any right to charge-back your purchase with your credit card processor.
          • All Parties waive their right to a jury trial to the full extent allowable.
          • Nothing in this agreement should be construed as “Work made for Hire” as defined in Section 101 of Title 17 of the Copyright Act of 1976 (United States).
          • Time is of the essence.

    Other Terms

    Graphic Design Guarantee

    All of our Graphic Design Services carry a Graphic Design Guarantee. If you are not 100% satisfied with our graphic design we will work with you for FREE until you are. This applies to new graphic designs only and is not available with templates of any kind. If your graphic design specification changes you will be charged as if it were a separate job. This offer is valid only with graphic design jobs of $1000 or more.

    All Work

    All work, projects, communications and dealings with Argonyx Marketing are subject to our terms and conditions of trade which are available on this website.

    Accounts cancelled/terminated by Argonyx Marketing that are in violation of our Terms of Use, Terms and Conditions of Trade, or any other contractual agreement do not qualify for ANY Guarantees, Special Offers, Refunds or Reimbursements of any kind. Examples include accounts that are canceled due to customer practicing spamming, failure to pay, web designs consisting of illegal content.

    Please note that a guarantee must be specifically offered in writing for it to apply. Guarantees do not automatically apply and where a guarantee contradicts our terms and conditions of trade, the terms and conditions of trade will always take precedence.

    ABN: 42136935389

We Want To Hear From You! 

If you think there could be a fit with your
organisation, let’s have a chat.

Phone 1300 796 292
or send us an enquiry.

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