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Terms of Service

Terms of Service


TOS applies to clients of our CAD Design Service.

ACCEPTANCE OF TERMS

Interrobang Jewellery Services ("Interrobang") provides the following Service ("Service") to you, subject to these Terms of Service ("TOS"), which may be updated periodically without prior notice. You can review the current version of the TOS on our website at WWW.INTERROBANG.COM.AU. Failure to comply with these TOS may result in termination of Service.

I.       DESCRIPTION OF SERVICE

Interrobang is a jewellery design service operating in Brisbane and offering services Australia-wide. Clients submit hand-drawn jewellery designs to be modelled in 3D using JewelCAD for wax printing and casting applications.
Our Service process can be broken down as follows:
1.       You send design drawings and measurements with request for quote via email, fax or post.
2.       Interrobang sends quote to you via email or fax.
3.       You send written approval to proceed via email or fax.
4.       Interrobang creates a 3D model based on the design information you provided.
5.       Interrobang emails you an image of four views of the model.
6.       You may request changes at this point. Two (2) rounds of changes will be provided free of charge. If required, any further changes are charged at an hourly rate.
7.       You give your approval of the model via phone, fax or email.
8.       Interrobang sends you an invoice.
9.       Interrobang sends the JewelCAD file directly to you if you have in-house wax printing capabilities, or alternately to the wax printer of your choice. If you do not have a wax printer selected, Interrobang can recommend one and forward your file to them.
10. Interrobang does not handle wax printing, casting, setting or polishing in-house, but will direct you to companies which offer those Services.

II.       YOUR OBLIGATIONS

1.       Contact Information: When signing up for Interrobang’s services, you are required to fill out and return a Customer Details Form providing us with your ABN and full contact details.
2.       Design Documentation: When providing design information to Interrobang to work from, we request a minimum of two views (top and side) of each piece to be designed. We require measurements for height, width, thickness, stone size and finger size (where applicable).
3.       Design Changes: Interrobang has an expectation that your design sketches and measurements are reasonably accurate. When crafting your piece, we adhere as precisely as possible to the source material we receive from you. We request that you check your designs for accuracy and clarity before sending them to us. We offer you the opportunity to request two rounds of changes to the model free of charge; any subsequent changes will be charged at an hourly rate.
4.       Credit Term: Interrobang offers all clients a credit term of fourteen (14) days from issue of invoice. This credit period is not negotiable. Should you repeatedly fail to settle your account within the allowed payment period, Interrobang reserves the right to remove your credit privilege and you will be required to pay up-front for all subsequent jobs.

III.       PRIVACY POLICY

Interrobang keeps your company details on file and may use these to contact you regarding promotions. Interrobang will never pass your details on to a third party without your express permission.

IV.       INDEMNITY

You agree to indemnify and hold Interrobang, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of our Service, your violation of the TOS, or your violation of any rights or copyrights of another. You are solely responsible for the content, originality, and application of any and all designs you send to Interrobang.
At times, Interrobang will recommend outside Service providers to you for wax printing, casting, moulding, and other jewellery Services. You agree to indemnify and hold Interrobang, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand arising from failure of outside providers to deliver Services.

V.       SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all applicable Australian laws regarding copyright.

VI.       GENERAL PRACTICES REGARDING USE OF DATA

1.       You acknowledge that Interrobang may be required to send you emails regarding your use of our Service.
2.       You acknowledge that Interrobang stores your JewelCAD designs on file at our offices. Interrobang guarantees that your designs will not be re-used, displayed, sold or distributed to any third party.

VII.       MODIFICATIONS TO SERVICE

Interrobang reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Interrobang shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

VIII.       TERMINATION

You agree that Interrobang, in its sole discretion, may discontinue providing you Services or any part thereof, with or without notice, for any reason, including and without limitation, if Interrobang believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with our supply of Services to you, at Interrobang’s discretion, will be terminated as well.
You agree that Interrobang shall not be liable to you or any third-party for any termination of your access to our Service. You further agree that upon discontinuation of our Service to you, you will be required to pay any and all outstanding accounts to us in full.

IX.       INTERROBANG PROPRIETARY RIGHTS

You acknowledge and agree that the Service may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All Interrobang designs, systems and specifications for the operation of the Service, are subject to their express or implied licenses, copyrights, trademarks, Service marks, patents or other proprietary rights and laws. Except as expressly authorized by Interrobang, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based in whole or in part on Interrobang’s proprietary designs, systems or Service.

X.       DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INTERROBANG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) INTERROBANG MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INTERROBANG.COM.AU OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

XI.       LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT INTERROBANG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INTERROBANG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

XII.       GENERAL INFORMATION

The TOS constitutes the entire agreement between you and Interrobang and governs your use of the Service, superseding any prior agreements between you and Interrobang (including, but not limited to, any prior versions of the TOS) and any prior representations by Interrobang. The laws of the State of Queensland, Australia, shall govern the TOS and the relationship between you and Interrobang, without regard to its conflict of law provisions. You and Interrobang agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Brisbane, Queensland, Australia. The failure of Interrobang to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

XIII.       REVISIONS

Interrobang may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.