Privacy and Legal

‘We’, ‘Eicolab’, and ‘Eidesign’ and ‘Eicolab’ means Eidesign Pty Ltd (ACN 076 488 401, ABN 71 076 488 401). Eidesign is a registered Australian company; Eicolab (BN98230313) is a trading name wholly owned by Eidesign Pty Ltd.

  1. Initial meeting and engagement process
  2. Invoices and payments
  3. Types of clients
  4. Overseas or interstate clients
  5. Privacy and confidentiality
  6. Intellectual property
  7. Commitment to excellence
  8. Warranty
  9. Compliance and ethics
  10. Subcontractors
  11. Subcontracting
  12. Responsibilities
  13. Websites terms of use
  14. Copyright
  15. Email disclaimer
  1. Initial meeting and engagement process
    1. First contact via email or phone.
    2. Introductory meeting to gain an overall understanding of each other and your project.
    3. Follow up questions.
    4. If detailed specifications are required, this will be treated as a distinct project phase.
    5. A proposal comprising an initial project plan; with relevant service package options, project phases, and outcomes.
    6. A fixed quote. Where a fixed quote is not possible for an entire project (because subsequent phases cannot be defined until we start the project), we will provide cost estimates for the yet-unknown phases and/or an hourly/daily rate.
    7. With your agreement to the project plan (or detailed specification and requirements if such documentation were produced), we start work.
    8. As each project phase is completed, we send you an invoice, which you pay. Our standard invoice and payment periods are 14 days.
    9. Depending on the nature and duration of the project, an upfront part payment may be required to kick-start the project.
    10. Unless an expiry date has been specifically stated, a fixed quote will expire 30 calendar days from the date of issue.
  2. Invoices and payments
    1. We practice value-based charging. Where possible, you will be charged a fixed quote for us to deliver the agreed value. This will vary from project to project.
    2. Value-based charging gives us the best possible working relationship: We can focus on delivering the best outcome for you without being hindered by micro-bean-counting and detailed time accounting. And we can communicate freely (about project matters) without worrying about phone call and email time charges.
    3. In some situations, projects may be done on an hourly or day rate basis. Under these circumstances, our time will be rounded up to the nearest hour or day.
    4. Unless stated otherwise in the proposal, our fee and rate do not cover extrodinary expenses such as flights, hotels, couriers, taxis or long-distance/roaming phone and data charges. If these were to be necessary, you will be notified prior to their commiment. These expenses will be on-charged to you.
    5. Our invoice and payment periods are 14 days.
    6. If we do the work, we expect to be paid.
    7. If you are late with payment, we may become less attentive. And subsequent project phases may be delayed.
    8. If you refuse to pay, we will retain full ownership of the work, which means you can’t use it without breaking copyright laws. And we will never work with you again.
    9. You can make payments via electronic fund transfer or company cheques. You can also arrange to pay by VISA, MasterCard, or PayPal; – although these may incur additional processing and/or currency exchange charges. Please kindly notify us up-front if you prefer to pay by card or PayPal.
    10. You are responsible for paying any processing and currency exchange fees that may be charged by intermediary financial institution (such as a bank or PayPal) in the course of transferring funds to us.
    11. If you are a pro-bono client we will issue you with a non-payable invoice, as a record of the value of our contribution.
  3. Types of clients
    1. We seek clients with the right attitude and values fit.
    2. We do not work with clients whose practices promote injustices, wastefulness, ignorance, discrimination, exploitation and hatred.
  4. Overseas or interstate clients
    1. We are currently based in Perth, Western Australia.
    2. We work with with clients from anywhere. This is done via email, Skype and phone; and we may also travel to your location.
  5. Privacy and confidentiality
    1. We will keep all your details private. We hate spam mail or phone calls. We don’t work with or support businesses that use these practices.
    2. Our websites do not secretly collect or store information that can be used to identify you as an individual.
    3. We have a default, blanket non-disclosure practice. Everything we discuss will remain private between us. The only third parties who can access this information are our subcontractors (if they are working on your project) or law enforcement agencies (under orders from a court of law.)
    4. When we talk about your project as a case study, or showcase your project on our online portfolio, we will take care to obscure all details that may be reasonably construed as trade secrets.
    5. If you don’t want us to talk about your project as a case or success story, just let us know.
  6. Intellectual property
    1. Your intellectual property and trade secrets are yours. We will not lay claim to them.
    2. Our intellectual property and trade secrets are ours. You will not lay claim to them.
    3. In most cases, once you have paid our fees, what we deliver to you will become your intellectual property – where we have the right to hand that ownership to you.
    4. Some of what we deliver may incorporate material licensed from third parties (such as stock photo libraries or open-source and other third party software code libraries) in which case the copyright ownership may not be ours to give away.
    5. Unless we have a separate contrary agreement, you will be able to use what we create for you for its intended purpose, forever, and without any further payments to us.
    6. You may have to pay other third parties – like the web hosting provider, or any one-off or ongoing licensing fees to third party software vendors or stock media libraries.
  7. Commitment to excellence
    1. We pride ourselves on delivering great outcomes through friendly, open, respectful and trusted relationships with all our clients.
    2. We take an active interest in learning about each client’s business and industry sector. If we are not interested in your business or sector, we will not take on your project.
    3. We are constantly learning new techniques and refining our existing ones so we can bring the most appropriate and relevant ones to your project.
    4. We work primarily to make a difference to your business.
  8. Warranty
    1. We take responsibility for our mistakes. And will fix those mistakes.
    2. We provide a lifetime warranty against bugs in any software code we have written ourselves, provided that the software is still being used for its original agreed purpose, and on the originally specified hardware and operating system platforms.
    3. Any upgrade and maintenance work required as a result of changing the original agreed purpose or operating system changes (including patches) may incur additional cost and be quoted as a new project.
    4. If we use a third party subcontractor to write code, their warranty may differ from ours. In this case, their warranty applies. And we will let you know what this entails.
    5. We can’t provide warranty on open source software code or code licensed from third parties.
    6. We will correct any mistakes that we have made in written or graphical materials until such time that you approve and accept the work.
    7. Our warranty cannot cover the many factors beyond our control such as natural disasters, terrorism, economic downturns or coffee spills.
  9. Compliance and ethics
    1. We comply with the relevant state and federal corporations and fair trading regulations.
    2. We operate an ethical and legal business. We abide by the law; we treat people fairly; and we contribute to our community.
    3. We always tell it like it is, even though sometimes the truth can be hard to hear!
    4. We always represent our skills and availability truthfully. And yes, sometimes this means we don’t get the work.
    5. We do the right thing by the environment – primarily by recycling, minimising printouts, transferring files and purchasing software online, and using power efficient equipment like laptops.
    6. We do the right thing by you our clients. We are into enabling and encouraging your self sufficiency and self reliance; we tell it like it is; and we say no to projects we can’t or won’t do.
    7. We are wary of potential conflict-of-interest situations with clients who are direct competitors. If taking a project for a new client will clearly compromise what we have done for an existing client (who is a direct competitor of the new client), we will decline the new project. We may also discuss any potential conflict-of-interest situations with both the existing and the new client. We never work concurrently on similar projects from directly competing businesses.
    8. We do the right thing by ourselves. We look after ourselves, we stay fresh and interested, and we make sure our business activities support our lives (not the other way around).
  10. Subcontractors
    1. We may engage subcontractors with specific expertise at our discretion to work with us on your project.
    2. Our subcontractors work under the same terms outlined in this document, unless we tell you otherwise.
    3. Their cost will be part of our quote unless specified otherwise.
  11. Subcontracting
    1. Sometimes we work as subcontractors to other businesses.
    2. When we are the subcontractors, we work under the terms and conditions of the business we are subcontracting to. Their terms may be different to ours. This document may not apply.
  12. Responsibilities
    1. We are responsible to you to do the right thing insofar as our work is concerned.
    2. We conduct ourselves ethically and legally and with a high level of transparency.
    3. We look after your interests as well as we do our own.
    4. We are not responsible for your person, your people, your actions, your decisions, the correctness or suitability of any material you supply us, or how you run your business and conduct your affairs.
    5. You are responsible for delivering necessary material to us, provide access to the right people, render feedback, make decisions and make payments to suppliers and us in accordance to the project plan and agreed proposal.
    6. You are responsible for the final checking, approval and acceptance of content material such as text and graphics, for correctness and suitability.
  13. Websites terms of use
    1. By websites we include websites, blog posts, twitter feeds and other online sources of information we create.
    2. All the information on our websites are presented “as-is”. We will change things when it suits us, and without notifying you.
    3. We do try our best to spell things corectlu, acknowledge sources, check facts, and say (mostly) responsible things. But we are not perfect, so you need to exercise your best judgement at all times.
    4. Resources and any other material that could be construed as “advice” are provided as-is without any warranty. They may not be suitable for your circumstance. Please use them at your own risk.
    5. Feel free to link to our websites. Feel free to tell others to link to our websites.
    6. If you wish to reproduce any of the material on our websites (such as in a book or resource article for example), please ask us before you do so. It is bad karma to steal.
  14. Copyright
    1. Copyright © 1995-2013 Eidesign Pty Ltd, ACN 076 488 401. All rights reserved. The content on this site is protected by international copyright laws. We also trust that you have the moral decency to do the right thing.
    2. All trademarks and copyrighted intellectual property remain the sole property of their respective owners as appropriate, where indicated or implied. In other words, we are dead serious about intellectual property and would never ever claim ownership of anything that does not belong to us.
    3. Third party content on this site is displayed with the owners’ permission. We have modified some case studies to obscure identifying information and trade secrets.
    4. Any information you submit to us via web forms on our websites become our property. Unless it is your trade secret, or it belongs to someone else.
  15. Email disclaimer
    1. This disclaimer applies to every email sent by us (written by humans or a machine under our control) through all our email accounts.
    2. This email is intended for the recipient only. It may contain confidential information. If you have mistakenly received this email, please let us know, and then kindly delete this email.
    3. We have scanned this email for viruses at our end. But we cannot guarantee that no viruses have crept in along the way. You need to be responsible for scanning your emails before opening them.
    4. Where it is in our right to do so, we own the copyright of this email.
    5. We use emails a lot to discuss the terms and scope of projects prior to starting actual work. Sometimes, discussion points can unintentionally come across like a contract. Unless we specifically say so in the email, this email is not automatically a binding contract or a promise to do something for you. Please ask us to clarify anything that may be confusing.
    6. Before you hit that print button, do you really need to print this email?