Website Design Terms and Conditions.
By placing an order with Oz Local Australia Pty Ltd, you confirm that you are in agreement with and bound by our terms and conditions below.
ACCEPTANCE OF WORK
Developer reserves the right to withdraw from contract at any time prior to acceptance.
Definitions
Agreement: The Contract with Oz Local Australia Pty Ltd with the Specifications attached of what it is agreed we will build/design for the customer including agreed price.
Alterations: Changes to the completed website once it is hosted.
Brief: your written instructions to Oz Local Australia Pty Ltd.
The Customer: You, the company or individual or other entity requesting the services of Oz Local Australia Pty Ltd.
The design: The website in development.
Oz Local Australia Pty Ltd: Oz Local Australia Pty Ltd its successors and assigns; also ‘us’, ‘we’, ‘the Developer’ being the primary designer/site owner and its employees or affiliates and/or subcontractors.
Specification: The approved document attached to our Agreement being what it is agreed we will build and/or design based on your brief/instructions at the price shown in the Agreement.
Set deadline: key or critical dates or times specified in the contract
Variation(s): Any changes to the Specifications requested after the Agreement.
General
Oz Local Australia Pty Ltd will carry out work only when its Agreement with the approved Specification is accepted, either by email, mail or fax. We do not expect telephone briefs or orders that are not confirmed either by email of fax. Oz Local Australia Pty Ltd will carry out work only for customers who are 18 years of age or above. In the case of minors we will only except orders with the parents acceptance of these terms and conditions.
Ownership of Website Design
Without written agreement, ownership of designs and all codes vests in Oz Local Australia Pty Ltd.
Website Design
These terms of use grant a non-exclusive limited license so that the Customer can use the design on one web site on one domain name only. The Customer is not permitted to use a design for more than one website without prior written agreement between the Customer and Oz Local Australia Pty Ltd.
Customer Warranties
The Customer agrees that resale or distribution of the completed files in full or in part is forbidden unless prior written agreement is made between the Customer and the Developer.
The Customer hereby warrants that all media and content/materials made available or provided to the Developer for use in the project are either owned by the Customer or used with full permission of the original authors.
The Customer agrees to hold harmless, protect and defend the Developer from any claim or legal suit that may arise as a result of using the supplied media and content.
The Customer agrees that the Developer may include development credits and links within any code the Developer designs, builds or amends.
The Customer agrees that the Developer reserves the right to include any work done for the Client in a portfolio of work.
These Customer warranties will not merge on completion but will remain in force for as long as necessary to protect the Developer.
Disclaimer
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Oz Local Australia Pty Ltd cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.
The website, graphics and any programming code remain the property of Oz Local Australia Pty Ltd unless otherwise agreed to by both parties in writing.
Any scripts, cgi applications, flash designs and animations php scripts. Net codes, or software (unless specifically agreed) written by Oz Local Australia Pty Ltd remain the copyright of Oz Local Australia Pty Ltd and may only be commercially reproduced or resold with the permission of Oz Local Australia Pty Ltd.
Oz Local Australia Pty Ltd does not take responsibility for any copyright infringements caused by materials submitted to us by the client for use in the website. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Variations
Any variations requested the Customer to Specifications will be carried out at the discretion of Oz Local Australia Pty Ltd and where no charge is made by Oz Local Australia Pty Ltd for such additions, Oz Local Australia Pty Ltd accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further variations.
The Customer agrees to make available as soon as is reasonably possible to Oz Local Australia Pty Ltd all materials required to enable completion of the website to the agreed Specifications and within the times specified in the contract as set deadline.
Oz Local Australia Pty Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Oz Local Australia Pty Ltd will not be liable or become involved in any disputes between the site owner and their Customer and cannot be held responsible for any wrongdoing on the part of a site owner. eg. any disputes regarding content/images that have been provided to us for inclusion on the site.
Oz Local Australia Pty Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the Customer’s appointed agents or suppliers.
Oz Local Australia Pty Ltd will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
Payment/ non-refundable deposit of 50%
A non-refundable deposit of 50% is required for Oz Local Australia Pty Ltd’s projects before any design work will be carried out.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. We requite 50% deposit to get started, 25% When the artwork concepts are presented and approved and a further 25% before the website is transferred to its domain name. There are no exceptions to this, i.e if the customer decides they no longer want the site, as they have commissioned the work and paid a deposit they are still legally responsible to pay for the work that has been done. Non payment will result in legal action being taken, if necessary. Once full payment is received for a website, it is accepted that the project has been completed to the customer’s satisfaction and no refunds can be offered.
Subject to specifications, we do offer free updates for a month after completion to allow for final amendments that may be required.
Database, Application and E-Commerce Development
Oz Local Australia Pty Ltd cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility is with the customer to ensure that all software functions correctly before use.
Any scripts, applications or software (unless specifically agreed), written by Oz Local Australia Pty Ltd remain the copyright of Oz Local Australia Pty Ltd and may only be commercially reproduced or resold only with the permission of Oz Local Australia Pty Ltd.
Where applications or sites are developed on servers not recommended by Oz Local Australia Pty Ltd, the customer is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the customer’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The customer will fully test any application or programming relating to a site developed by Oz Local Australia Pty Ltd before making it generally available for use. Where “bugs”, errors or other issues are found after the site is live, Oz Local Australia Pty Ltd will endeavour (but is not legally bound) to correct these issues to meet the standards of function outlined in the brief.
Compatibility
Oz Local Australia Pty Ltd will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 7 and to an acceptable level with Mozilla browsers. Oz Local Australia Pty Ltd can offer no guarantees of correct function with all browser software.
Website Hosting
Website and email hosting contractual period is 12 months. Virtual Data Centre and Dedicated Hosted servers are a contractual period of 24 months. Outside of the contractual period, 30 day’s notice is required to terminate the hosting or VDC agreement.
Website Optimisation
Due to external factors such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimising websites itself will bring in more traffic and hits and you will likely see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors/criteria that they use to rank websites.
We use expert techniques when optimising websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimisation process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any clients in relation to this type of work.
Oz Local Australia Pty Ltd reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way an affront to accepted standards of decency and morality.
Oz Local Australia Pty Ltd’s discretion will be final.
Payment Terms for the Customer’s Accounts
A deposit of 50% of the price stipulated in the Agreement is required from any customer before any work is carried out. It is Oz Local Australia Pty Ltd’s policy that any outstanding accounts for work carried out by Oz Local Australia Pty Ltd or its affiliates are required to be paid in full unless this is varied by prior arrangement with Oz Local Australia Pty Ltd.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Oz Local Australia Pty Ltd have not been contacted regarding the delay, access to the related website and web/ email hosting may be denied and web pages removed. Reconnection fees will apply. It there is consistent non-payment of our invoice(s), we will pass such cases to our Lawyer who will then try to contact the customer, with a view to arranging payment. If necessary, we will pursue payment through the appropriate Court and issue a Statement of Claim to obtain payment. We disclose that non-payment could result in a court judgment being added to the customer’s credit rating.
Your Privacy
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.
ALTERATIONS TO COMPLETED WEBSITE
All requests for alterations to web sites are to be in writing, either by email or facsimile by the Customer. We do not expect telephone briefs or orders that are not confirmed either by email of fax. After the agreed time for alterations have been completed, the Developer reserves the right to advise the Customer as such and send a separate estimate to the Customer and to request payment for any further alterations. The Developer reserves the right to request that payment be received for further alterations before continuing work.
Upon completion of an agreed design the Customer is asked to confirm in writing by email or facsimile that the design is signed off as complete and acknowledge that any further design alterations are chargeable.
The Customer agrees to provide all necessary information and content required by the Developer in good time to enable the Developer to complete a design or web site work as part of the specified project.
The Customer agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. The Developer agrees to try and match the design as closely as is possible when building the code but it is agreed that the developers word on the design is final.
The Developer endeavours to create pages that are search engine friendly, however, the Developer gives no guarantee that the site will become listed with search engines or of certain search results. In no circumstance shall the Developer be held liable for any changes in search engine rankings as a result of using the Developer’s code.
If an error or issue with the design or code arises during the project, which does not allow the design or code to match the original Specification, then the Customer agrees that the Developer can apply a nearest available alternative solution.
After site completion, a Customer or a third party of their choosing may wish to edit their web site themselves except websites with a written a data base or written in.net. However, the Customer agrees that in so doing they assume full responsibility for any problems/issues that might occur as a result of changing the code themselves. If the Customer or a third party of their choosing edits the web site code and this results in functionality errors or the page displaying incorrectly, then the Developer reserves the right to quote for work to repair the web site.
Website starter
This website includes 12 months web hosting. The Customer agrees that in order to receive this package a further 2 years of web hosting will be due at the end of the first 12 months from the day of signing at a fee of $330 per year paid in advance. The “website starter” does not allow any third party access to edit the webpages or hosting. All changes must be done by Oz Local Australia Pty Ltd. If the client wishes to remove the website from Oz Local Australia Pty Ltd a 2 year web hosting fee will apply as well as a back up and file retrieval fee.
Web Browsers
Oz Local Australia Pty Ltd shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases. The Customer agrees that Developer cannot guarantee correct functionality with all browser software across different operating systems.
The Customer agrees that after handover of files, any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, the Developer reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.
Additional work requested by the Customer which is not specified in the agreed quotation is subject to a separate estimate and the Developer reserves the right whether to estimate or accept additional work. If additional work is accepted by the Developer may affect the time scale and overall delivery time of the project.
The Developer reserves the right to decline further work on a project if there are invoices outstanding with the Customer.
The Customer may request that the Developer cancel a project in writing by email to the Developer and the project is cancelled only if the Developer confirms work has not been started on the project. If the Developer has begun or completed the work and the Customer no longer requires the files but has agreed to the work, they are still legally bound to pay the Developer for the work that has been carried out.
The Developer reserves the right to remove its work for the Customer from the Internet if payments are not received.
The Customer agrees the Developer is not liable for unavailability/absence of services as a result of illness or holiday.
The Customer agrees the Developer is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government decree, law or proclamation, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
The Developer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings relating to services provided.
Should the Customer have a Manager appointed or go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the Developer reserves the right to cancel forthwith any projects and invoice the Customer for any work completed.
The Developer shall have no liability to the Customer or any third parties for any damages including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if the Developer has been advised of the possibility of such damages.
The Developer may from time to time recommend to the Customer that updates are needed to their site to comply with including but not limited to, new legislation, software releases and new or changing web standards. The Developer reserves the right to estimate for any updates as separate work. The Customer agrees the Developer is not liable for any failure to inform or implement these updates to their site. The Customer agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
INDEMNIFICATION
The Customer agrees to use all the Developer’s services and facilities at their own risk and agree to defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees for claims against the Developer or it’s associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Customer or its third parties. The Customer agrees this indemnification extends to all aspects of the project including but not limited to web site content and choice of domain name.
NONDISCLOSURE
The Developer and any third party associates agrees that, except if directed by the Customer, it will not at any time during or after the term of this agreement disclose any confidential information to any other party. Likewise, the Customer agrees that it will not convey any confidential information about the Developer to another party.
FORCE MAJEURE:
The obligations of Oz Local Australia Pty Ltd shall be suspended while and to the extent that it is prevented from complying with its obligations under these Terms and Conditions in whole or in part by force majeure, including without limitation technical failure, strikes, lockouts, Labour and civil disturbances, acts of God, unavoidable accidents, laws, rules, regulations or orders of any Government, State, Federal or Local or agent or instrumentality thereof having at any time de facto or de jure control, acts of war or conditions arising out of or attributable to war, whether declared or undeclared, shortage of essential equipment, restriction or limitation upon advertising, the use of Labour or materials, delay in transportation or communication, adverse weather conditions or other causes reasonably beyond the control of Oz Local Australia Pty Ltd claiming force majeure, whether similar or dissimilar to the causes herein specified.
If force majeure should result in suspension of performance of any of the obligations of Oz Local Australia Pty Ltd, Oz Local Australia Pty Ltd shall give notice in writing of such suspension of performance as soon as reasonably possible, stating therein the date and extent of such suspension and whether in whole or in part, and specifying in reasonable detail the nature of the force majeure causing such suspension. Oz Local Australia Pty Ltd, the performance of whose obligations has been suspended as aforesaid, shall resume performance thereof as soon as reasonably possible after the circumstances preventing such performance as provided above shall have terminated or ceased to have such effect and shall give notice as soon as practical herein provided.
PRIVACY POLICY
INTERPRETATION
The Developer reserves the right to terminate a project with a Customer at any time without prior notification if it finds the Customer is in breach of these terms and conditions. The Developer shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such circumstances.
JURISDICTION
This agreement shall be governed by the laws of NSW that have jurisdiction over any legal claim arising from this agreement. Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
RIGHT TO AMEND AND ALTER
The Developer reserves the right to alter these Terms and Conditions at any time without prior notice. The latest terms and conditions can be found at the Developer’s web site at www.ozlocal.com.au
By accepting a quotation or making a payment of an invoice to use the services supplied, the Customer acknowledges that they have read, understood, and accept the Terms and Conditions of this Agreement and agrees to be legally bound by these Terms and Conditions.
