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By placing an order with Warkeys Web Design,
you confirm that you are in agreement with and bound
by the terms and
conditions below:
Definitions
The Client:
The company or individual requesting the services of Warkeys Web Design
Warkeys Web Design:
Primary designer/site owner & employees or affiliates.
General
Warkeys Web Design will carry out work only where an agreement is
provided either by email, telephone, mail or fax. Warkeys Web Design
will carry out work only for clients who are 18 years of age or above.
An ‘order’ is deemed to be a written or verbal contract between Warkeys
Web Design and the client, this includes telephone and email agreements.
Website and Graphic Design
Whilst every endeavor will be made to ensure that the website and any
scripts or programs are free of errors, Warkeys Web Design cannot accept
responsibility for any losses incurred due to malfunction, the website
or any part of it.
The website, graphics and any programming code remain the property of
Warkeys Web Design until all outstanding accounts are paid in full.
Any scripts, cgi applications, or software (unless specifically agreed)
written by Warkeys Web Design remain the copyright of Warkeys Web Design
and may only be commercially reproduced or resold with the permission of
Warkeys Web Design.
Warkeys Web Design cannot take responsibility for any copyright
infringements caused by materials submitted by the client. We reserve
the right to refuse any material of a copyrighted nature unless adequate
proof is given of permission to use such material.
Any additions/changes will be carried out at the discretion of
Warkeys Web Design and will be charged per hour, Warkeys Web
Design accept no responsibility to ensure such additions/changes are error free
and reserve the right to charge an according amount for any correction
to these or further additions/changes.
The client agrees to make available as soon as is reasonably possible to
Warkeys Web Design all materials required to complete the site to the
agreed standard and within the set deadline.
Warkeys Web Design will not be liable for costs incurred, compensation
or loss of earnings due to the failure to meet agreed deadlines.
Warkeys Web Design will not be liable or become involved in any disputes
between the site owner and their clients and cannot be held responsible
for any wrongdoing on the part of a site owner.
Warkeys Web Design 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.
Warkeys Web Design 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
A deposit of 50% is required with any project 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. 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.
If client does not supply all material or site is delayed due to the
client not having all information then the client will be required to
make a further 25% deposit. Larger projects which take longer than 3
months will also require a further 25% after 3 months unless otherwise
agreed.
All prices quoted in emails and on our website warkeys.com.au exclude GST
unless otherwise stated.
Warkeys Web Design agrees to provide a draft on all
work before sign off (logo's/ graphics and website). The client is
obliged to pay for any text changes, graphic design, programming charged
per hour.
Database, Application and E-Commerce Development
Warkeys Web Design 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 lies with the client in ensuring that all
software is functioning correctly before use.
Any scripts, cgi applications or software (unless specifically agreed)
written by Warkeys Web Design remain the copyright of Warkeys Web Design
and may only be commercially reproduced or resold with the permission of
Warkeys Web Design.
Where applications or sites are developed on servers not recommended by
Warkeys Web Design, the client 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
clients responsibility to provide a suitable testing environment which
is identical to the final production environment.
The client is expected to test fully any application or programming
relating to a site developed by Warkeys Web Design before being made
generally available for use. Where “bugs”, errors or other issues are
found after the site is live, Warkeys Web Design will endeavor (but is
not obliged to) to correct these issues to meet the standards of
function outlined in the brief.
Website Hosting
We offer limited hosting services to sites by buying server space from a
company that we have been using since 1995. This company is Oz Hosting.
They have great customer and technical service as well as an impressive
uptime history.
Should you require any additional information, please refer to the Oz
Hosting own websites for their terms and conditions.
Whilst Warkeys Web Design recommends hosting companies to host websites,
no guarantees can be made as to the availability or interruption of this
service by Warkeys Web Design cannot accept liability for losses caused
by the unavailability, malfunction or interruption of this service, or
for loss of turnover, sales, revenue, profits or indirect, consequential
or special loss.
Hosting Payment Policy & Billing Procedures
All accounts are set up on a pre-pay basis. We accept payments via
Cheque, Bank Transfer, PayPal, and Credit Card. Hosting is to be paid
for a 1 year period in advance. All pricing is guaranteed for the term
of pre-payment. Warkeys Web Design reserves the right to change prices
at any time. Payment is due each anniversary month or period following
the date the account was established. If 10 days have passed and payment
has not been posted, the account will be suspended until further notice.
The customer is responsible for all money owed on the account from the
time it was established to the time that the customer notifies Warkeys
Web Design to request termination of services.
Payment of Accounts
A deposit is required from any new client before any work is carried
out. It is Warkeys Web Design policy that any outstanding accounts for
work carried out by Warkeys Web Design or its affiliates are required to
be paid in full, no later than 30 days from the date of the invoice
unless by prior arrangement with Warkeys Web Design.
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 to remind
them of such payments if they are not received when due.
If accounts are not settled or Warkeys Web Design have not been
contacted regarding the delay, access to the related website may be
denied and web pages removed, we will then pass such cases to the Small
Claims Court to pursue payment, non payment can result in county court
judgements (ccj’s) being added to the clients credit rating.
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 need be to seek payment through legal procedures, and if
necessary court summons.
Passing of Rights
Once all amounts due to us from you are paid and cleared you are
assigned the rights to use, as applicable, the products and services,
including, the web site which includes the text, graphics, animation,
audio components and digital components contained within the finished
web site, in accordance with these terms and conditions, the Project
Agreement and any applicable agreement, terms or licence but no rights
of ownership are conveyed unless specifically stated in the Project
Contract.
No such rights as described in above will pass until all amounts due to
us from you are paid. This means that we will have a lien over any
service, products, data or information. If you have not paid the invoice
in full within 2 months from the date of the invoice you agree that you
will forfeit your rights.
The rights to photographs, graphics and any third party items such as
source code, always remain the property of their respective owners.
Unless you have our specific written agreement in the Project Contract,
all products, including Content Management Systems, interfaces,
navigational devices, menus, menu structures or arrangements, icons,
help, all operational instructions, scripts, cgi applications, software,
programming/source code, and all other components of any source or
object computer code that comprises the Website, all literal and
non-literal expressions of ideas that operate, cause, create, direct,
manipulate, access, or otherwise affect the Content and design elements
used or developed and all software, and our products and results of our
services remain our property and we retain full ownership rights and all
intellectual property rights. You specifically agree not do anything
that may in any way infringe upon or undermine our rights, title, or
interest in the Website or our products and services. This includes, but
is not limited to, any sale, transfer or gift of the whole or of any
part of any item, data or anything whatsoever that we own. You fully
understand that we may reproduce, reuse, develop and use in any other
way we choose, anything within our ownership.
Complaints Procedure
Informal procedure:
Anyone who experiences a problem with their web service provided by
Warkeys Web Design should raise the matter directly using our online
contact form to do so, giving sufficient information to locate the
material (such as an url) and clearly outlining the grounds for
complaint.
Warkeys Web Design will approach the individual responsible for the
material in question with a view to resolving the matter to the
satisfaction of the complainant.
Formal complaints procedure:
The formal complaints procedure should only be used where the
complainant feels that the nature of the complaint is too serious to be
dealt with informally, or where a satisfactory conclusion has not been
reached after following the informal procedure.
A formal complaint should be made in writing to Warkeys Web Design, who
will acknowledge receipt and ensure that the matter is looked into as
soon as possible.
An initial response to any complaint can be expected within seven days
of its receipt; a full and considered response to the complaint should
be completed within 30 days and any subsequent remedy implemented with
the minimum of delay. |
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