smallbusinesswebdesigns.com.au - Web Designs for Small Business

By placing an order with SmallBusinessWebDesigns.com.au, you agree with and are bound by the terms and conditions as outlined below.

· ‘The Client’, ‘you’ or ‘your’ – means the company or individual requesting the services of SmallBusinessWebDesigns.com.au.

SmallBusinessWebDesigns.com.au will only carry out work for clients where an agreement is provided either by email, phone, mail or fax.

SmallBusinessWebDesigns.com.au will only carry out work for clients who are 18 years of age or above.

An ‘order’ is deemed to be a written or verbal contract between SmallBusinessWebDesigns.com.au and the client - this includes telephone and email agreements.

Whilst every attempt will be made to ensure that the website and any scripts, applications or programs are free of errors, SmallBusinessWebDesigns.com.au 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 will remain the property of SmallBusinessWebDesigns.com.au until all outstanding accounts are paid in full.

Any scripts, applications, or software written by SmallBusinessWebDesigns.com.au will remain the copyright of SmallBusinessWebDesigns.com.au and may only be commercially reproduced or resold with the written permission of SmallBusinessWebDesigns.com.au.

SmallBusinessWebDesigns.com.au cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyright nature unless adequate proof is given of permission to use such material.

Any modifications to the original design specifications will be carried out at the discretion of SmallBusinessWebDesigns.com.au. SmallBusinessWebDesigns.com.au reserves the right to charge for any modifications.

The client agrees to make available to SmallBusinessWebDesigns.com.au all materials required to complete the site to the agreed standard, as soon as is reasonably possible, and before the agreed deadline. SmallBusinessWebDesigns.com.au will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

SmallBusinessWebDesigns.com.au will not be liable or become involved in any disputes between the client (you) and their (your) clients, and cannot be held responsible for any wrongdoing on the part of the client. eg. Any disputes regarding content and/or images that have been provided to us from the client for inclusion on the site.

SmallBusinessWebDesigns.com.au 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 clients appointed agents.

SmallBusinessWebDesigns.com.au 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.

A deposit of 50% is required with any standard project before any design work will be carried out. This is non-refundable.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

SmallBusinessWebDesigns.com.au cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst all care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, applications or software written by SmallBusinessWebDesigns.com.au remain the copyright of SmallBusinessWebDesigns.com.au and may only be commercially reproduced or resold with the written permission of SmallBusinessWebDesigns.com.au.

The client is expected to test fully any application or programming relating to a site developed by SmallBusinessWebDesigns.com.au before being made generally available for use. Where ‘bugs’, errors or other issues are found after the site is live, SmallBusinessWebDesigns.com.au will endeavour to (but is not obliged to) correct these issues to meet the standards as outlined in the site requirements specification.

SmallBusinessWebDesigns.com.au will endeavour to ensure that any designed site or application will function correctly on the server it is initially installed on 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. SmallBusinessWebDesigns.com.au can offer no guarantees of correct functionality with all browser software.

Whilst SmallBusinessWebDesigns.com.au recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. SmallBusinessWebDesigns.com.au cannot accept liability for loss of turnover, sales, revenue, profits or indirect, consequential or special loss caused by the unavailability, malfunction or interruption of this service.

SmallBusinessWebDesigns.com.au reserves the right to refuse to handle, in any way, material which may be deemed offensive, illegal or controversial.

A deposit is required from any new client before any work is carried out. It is the SmallBusinessWebDesigns.com.au policy that any outstanding accounts for work carried out by SmallBusinessWebDesigns.com.au or its affiliates are required to be paid in full, no later than seven (7) days from the date of our invoice, unless by prior arrangement with SmallBusinessWebDesigns.com.au.

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.

The provision of services is dependent upon SmallBusinessWebDesigns.com.au having received payment in full from you in respect of the Services we provide. If accounts are not settled or SmallBusinessWebDesigns.com.au has not been contacted regarding the delay, access to the related website may be denied and web pages removed. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, at our discretion, to suspend the provision of Services to you.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if needed to seek payment through legal procedures, and if necessary court summons.

Prices published on our web site or communicated from us to you are inclusive of any government taxes or charges unless otherwise noted.

We will archive your data on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive.

You agree that we can use spam and virus filters and that this may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that we will not be liable for any loss or damage resulting from the use of spam or virus filters.

Unless otherwise agreed, the service is provided by us from data centres in Australia and the United States of America. We reserve the right to migrate your web site to a new operating system platform if our operating system supplier ceases to provide appropriate support or your particular server fails or becomes unreliable.

We will advise you of such a change but we will not take any responsibility for web site failure if you have failed to keep your contact details up-to-date or if you have not checked the operation of your web site post-migration and notified us of any required changes to the web site configuration.

Unless otherwise agreed, you obtain no rights to the hardware and other infrastructure and facilities used by us to deliver the Service.

We may change the terms and conditions of this agreement at any time. Details of our current terms will always be available on our website.

These terms and conditions constitute the entire agreement between SmallBusinessWebDesigns.com.au and you. It supersedes all prior agreements, understandings and representations whether oral or written.

All notifications under this agreement will be by email to your nominated internet address.

Anyone who experiences a problem with their web service provided by SmallBusinessWebDesigns.com.au should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as a URL) and clearly outlining the grounds for complaint.

SmallBusinessWebDesigns.com.au will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

SmallBusinessWebDesigns.com.au will ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven (7) days of its receipt; a full and considered response to the complaint should be completed within thirty (30) days and any subsequent remedy implemented with the minimum of delay.