Terms & Conditions – AusWeb Creative Pty Ltd

By agreeing to proceed with a website design package or project, you accept that this forms a contract with AusWeb Creative Pty Ltd (ABN: 72 618 062 052), incorporating AusWeb Design, and the following terms and conditions. These terms and conditions should be read in conjunction with any ‘quote’ and or tax invoice you receive from AusWeb Design.

FINANCIAL ARRANGEMENTS
1. AusWeb Design services are provided at the agreed rate. Unless otherwise agreed, website design packages include website design and build (see package variations).
2. Initial quotes/proposals are a fixed estimate for the minimum amount of time involved. If the scope of work changes, or additional tasks or requests are made, they will be quoted for prior. Each additional task is handled independently of the main task and invoiced separately or added to final project balance.
3. Once the design brief is received by AusWeb Design, initial deposit is non-refundable.
4. Balances will be automatically processed (if paid by credit card and unless otherwise advised), 30 days after receipt of deposit or upon completion of your website, whichever is first. Please note that regardless of the stage of your project, your balance is due 30 days after receipt of deposit.
5. For payment by EFT, the full invoice amount is due prior to commencement of your project.
6. All balances must be paid prior to website login access being provided by AusWeb Design.
7. Client takes ownership of website design and website files only after the project has been completed upon initial launch, and balance has been paid.
8. Although AusWeb Design reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.
9. Failure to make complete payments may result in your website and emails being suspended.
10. Additional extras such as graphic design work, layout changes, extra WordPress plug-ins, additional functionality items etc. must be paid in full by either credit card or EFT, prior to commencement of work.
11. All invoices and receipts are sent via email.
12. All new website projects pay a monthly ‘Care Package’ fee (fee differs depending on package as shown on your quote) via direct debit. A one-off $15 (inc.GST) set-up fee applies to all new customers plus there is a $1.95 (inc.GST) monthly transaction fee. Please note the billing company (Debit Success) charges these fees. Read more information on our ‘Care Package’.
13. The ‘Care Package’ is set up for a 12 month term, but can be cancelled at anytime, with no penalties.
14. The ‘Care Package’ and domain name rate subject to increase with the rate of inflation.

CANCELLATION & REFUNDS
1. All deposits and final balances received are non-refundable.
2. A website that is incomplete because the client has not added content via the CMS, or supplied content to AusWeb Design, is not eligible for a refund. Added or supplied content is the responsibility of the client, and AusWeb Design can not be held responsible for the delay in website content.
3. AusWeb Design offers every opportunity to create a website, logo, or graphic design the client will like. If a client is displeased with the design we offer revisions until they are satisfied. AusWeb Design does not offer refunds if a client is unhappy with the design.
4. Customer cancellation of any AusWeb Design services at any stage must be notified in writing via email. See ‘Website Transfer’ regarding final account closure.
5. Upon cancellation of an account, any outstanding balances remain payable regardless of the stage of design or production of the project.
6. Non-payment of any outstanding amounts will be passed onto a debt collection agency for full payment plus expenses.
7. Upfront payments received for a 12-month ‘Hosting & Support Package’ are non-refundable.
8. AusWeb Design does not offer refund for server, service or software interruptions.
9. Once your service is cancelled (or transferred), your website will no longer be visible and you will no longer receive emails if they were hosted by AusWeb Design. Website files are owned by the client to host elsewhere.

GENERAL
1. It is the customer’s (account holders) responsibility to keep AusWeb Design up to date with their contact details. If the customer fails in this it could result in the expiration of services or receipt of important information regarding the account. Additionally, it is the duty of the customer/account holder to notify AusWeb Design a change in account management or ownership, including new contact details.
2. Although AusWeb Design endeavour to complete every project on time or sooner, AusWeb Design cannot be held responsible for the delay in the design or development of any website design package.
3. For packages that include page content upload, we require this to provided to AusWeb Design prior to the development phase. Content that is not supplied after development has started will not be included in upload by AusWeb Design. Content is to be supplied in one batch as per our ‘content brief’ supplied to the client. AusWeb Design does not proofread by default. Any new content additions or changes to your content after the site is populated is to be done by the client via the CMS, or AusWeb Design can do so at an hourly rate.
4. With content upload, AusWeb Design will go through one round up updates, supplied in one doc. AusWeb Design do not add new content or perform spelling updates during proofing/reviewing stage.
5. AusWeb Design reserves the right to suspend or cancel a customer’s access to any or all services provided by AusWeb Design, at its discretion, if the account has been inappropriately used or otherwise abused.
6. Individual accounts are for the intended use of the account holder only.
7. AusWeb Design does not allow any of the following content to be stored on its servers: (a) Illegal material, including copyrighted works, commercial audio, video, or music files, or any material of any type in violation of any federal, state or local law or regulation anywhere in the world. (b) Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes “adult material” is entirely at the discretion of AusWeb Design. (c) Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing etc. material or encrypting of any of the above. This also applies to sites which provide links to or ‘how to’ information about such material.
8. Unless otherwise agreed all websites created by AusWeb Design will have a discreetly placed ‘Web Design by AusWeb Design‘ or similar, linked back to the AusWeb Design website.
9. AusWeb Design does not control the interaction between your website and its visitors.
10. For security reasons, Cpanel access cannot be given to any AusWeb Design customers to avoid:
• Accidentally mismanaged theme options, resetting the theme or causing PHP errors
• Added insecure, outdated or conflicting plugins
• Removed core plugins necessary for their website to function according to scope which are
premium plugins not available through the WP.org plugins repo
• Installed various redundant backup plugins and quickly exceed allocated disk space
• Provided them to third-party companies who then compromise their login details, resulting in malware or malicious software being installed on the account
11. AusWeb Design builds all websites on the latest install version of WordPress at that time.
12. For all websites built pre 2016, AusWeb Design is not responsible for installing/updating to future versions of WordPress. Any request for installing and updating WordPress versions is chargeable at our normal hourly rate of $90+GST.
13. Websites developed from 2016 onwards are automatically updated to the latest WordPress version as and when they are available. This is a ‘Care Package’ inclusion – see CARE PACKAGE below for more information.
14. AusWeb Design does not provide ‘Top Level’ admin access to any WordPress website unless the client agrees to acknowledge (as a reply to a disclaimer email from the support team) that any requests to rectify any errors arising after access is seen as troubleshooting by our developers and an hourly rate of $150+GST will apply. Support is not provided for any new plugins or changes made to the theme after access is given.

COMPROMISED OR HACKED WEBSITES
1. Although unlikely, any website can be vulnerable to a “hack” or malicious activity.
2. In the unlikely event of a hack to a client website, AusWeb Design can investigate and look to reinstate your site from a backup version, if available. A fee of $150+GST is chargeable for this.
3. As AusWeb Design builds on the WordPress platform including 3rd party plugins, it may be necessary to correspond with 3rd party developers to troubleshoot and fix issues effecting your site that we can not solve in-house. See more in “WordPress and 3rd Party Plugins.”
4. If a hacked website has been reinstated or updated by AusWeb Design, there are no guarantee the website will not be hacked again.
5. In the event of a further “hack” or any malicious activity to your website, that site may be suspended (at server level) so as not to further compromise any other website on the same server.
6. AusWeb Design can offer further investigation into a repeated “hack” and look to reinstate your website. This is a high level investigation with a file cleanout, reinstall of any damaged plugins with a security integrity check and complete a performance update. This process will be charged at an hourly rate of $150+GST per hour.

WEBSITE DESIGN
1. Please refer to www.AusWebDesign.com.au for the variations in each website design package.
2. AusWeb Design websites are self managed and AusWeb Design is not responsible for any copy, editing or updating of your website content unless this service has been paid for.
3. After approval of a website design concept, any amendments from that point onwards, will be subject to additional design fees.
4. The final approved website design is owned by the client. AusWeb Design does not own the design or website.
5. With the exception of the Econo web design package, websites will be delivered with the ‘home’ and ‘contact’ page content upload included in the package price, providing it is supplied within 4 weeks of your order or when the website is complete (whichever is the sooner).
6. AusWeb Design do not place any additional content to your website other than mentioned above unless otherwise agreed in writing or included in a quote.
7. ‘Content Upload Packages’ are available for an additional fee.
8. Website images must be provided by the client. For a small fee, images can be purchased from the AusWeb Design image library. Alternatively, AusWeb Design can either suggest stock image websites or can source images on your behalf at our current rate of $150+GST per hour plus the cost of the image/s.
9. A website will only go ‘live’ after any outstanding balance has been received.
10. If you have purchased a package which includes a ‘logo design’, it is standard practice for AusWeb Design to complete the logo design before commencing the website design.
11. eCommerce sites are developed and handed over with a standard eCommerce configuration and layout. This includes product page, checkout page and basic shipping configuration. Any variations or customisations to these layouts will be at an additional cost to the client.
12. Websites are ‘Mobile Responsive’. They do not include any customisation to the design or layout visible on a Smartphone or tablet. Customisation is available at an extra cost following instruction from a brief provided by the client.

CARE PACKAGE
1. Unless otherwise agreed, websites will be hosted by AusWeb Design.
2. Customers wishing to use alternative hosting, need to confirm such hosting is suitable for the website built by AusWeb Design.
3. Customers maintaining their websites on alternative hosting will need to purchase their own plugin and theme licenses. See more in ‘WEBSITE PLUGINS’.
4. AusWeb Design cannot give a 100% guarantee that there will be any hosting interruptions or downtime from its hosting supplier.
5. Where AusWeb Design is designing and developing a website, but not hosting it (AusWeb Design must know this prior to design and development), AusWeb Design will prepare and deliver (after any outstanding balances are paid), a set of files for upload and installation on the alternative host.
6. AusWeb Design will not be responsible for the installation of the website on alternative hosting.
7. On a ‘fee per service’ basis, AusWeb Design can continue to support your website if it is not hosted by AusWeb Design.
8. As part of the ‘Care Package’ AusWeb Design automatically update to the latest WordPress, Theme and Plugin versions. This does not apply to website packages built prior to 2016.
9. Please refer to ‘WEBSITE PLUGINS’ for terms and conditions relating to the support of a website plugins.
10. The ‘Care Package’ for your website begins the day AusWeb Design begin developing  your website on a development domain via monthly direct debit. A quarterly, bi-annual, or annual invoice can be issued as an alternative if the client prefers.
11. The ‘Care Package’ applies to a website in its development stage or live stage. It is up to the client to ensure their website is ready for launch in a timely manner. Direct debit will apply to a site still on its development domain.
12. All fees paid for the ‘Care Package’ are non-refundable.
13. AusWeb Design provides a support desk for all of its clients. All queries or questions should be directed through the AusWeb Design support desk and the email system. The support desk provides a comprehensive layout of manuals, videos, tutorials and FAQ’s to assist you with a question related to your website. In most cases, the answer can be found within the information on the support desk website and we advise that you browse through this prior to submitting a support ticket. Support tickets are answered within during normal business hours AEST.
14. For clients paying via invoice vs direct debit, the invoice must be paid and cleared by the anniversary due date to prevent suspension of your website.
15. The customer agrees that it is not the responsibility of AusWeb Design to provide knowledge or support outside of the defined service of the AusWeb Design website design packages.
16. All forms of support are subject to ‘fair use’ time limitations. Support time includes any form of communication and also time spent on research, development, installation, customisation, testing and design. Additional support time is logged and will be charged at our rate of $150+GST per hour.
17. If, in exceptional circumstance, ‘CPanel’ or ‘FTP’ access is given to a client (client must sign a waiver for this to happen), AusWeb Design can only provide ‘basic’ (non-technical) CMS support for that website. Any troubleshooting or fixes are charged at our hourly rate.
18. AusWeb Design cannot be held responsible in any way for errors, mistakes, loss or deletion of information or similar as a result of ‘CPanel’ or ‘FTP’ access. A request for recovery of any website or its contents by AusWeb Design will be subject to a formal quote to reinstate the original website install (if possible).

CARE PACKAGE MINOR CONTENT UPDATES
1. AusWeb Design is a hosted solution where we maintain, update, and keep your site secure. We also do ongoing minor content changes on your behalf over the course of the year.
2. Minor Content Updates include:

• The addition of text content such as a testimonial, page copy, blog copy at a rate of once a month. (approx a 5-10 min job)
• The addition of up to 5 images at the rate of once a month. (approx a 5-10 min job)
• The updating of current website content at the rate of once a month. (approx a 5-10 min job)
• For content updates that go over this allocated time, the time is tracked, and invoiced at our hourly rate.

3. Content updates do not accrue over time if it not used each month.
4. Additional or excessive content may be subject to additional quote and fee. Content consisting of multiple products (for ecommerce), complex tables, excessive links, custom layouts, or a more frequent schedule of updates by AusWeb Design on behalf of the client… may be subject to an additional quote and fee.
5. Website support correspondence and update requests are actioned Monday to Friday, 9am – 5pm AEST.
6. Requested content updates are added to our production schedule and actioned in order of request, and normally completed in a 24 to 48 turnaround period. We do not perform scheduling or content management to be added or removed at requested dates and times. This can be done on a client-basis via the CMS.

HOSTING ENVIRONMENT
1. Information-based websites are allocated 1GB of storage space. ‘Care Package’ rate is from $35/mo. Extra disk space is an additional charge.
2. eCommerce, Directory, Multi-vendor or resource-rich websites are allocated 2GB of storage space. ‘Care Package’ rate is from $59/mo. Extra disk space is an additional charge.
3. If your website account requires additional storage space or resources it can be increased at an additional cost, and will be quoted for prior.
4. If the client decides to host with a 3rd party, AusWeb Design can not be held responsible for website downtime or errors stemming from that environment. For troubleshooting and fixing errors on a 3rd party server/host, client will need to:
a. reach out to the 3rd party to troubleshoot/fix
b. AusWeb Design can attempt to troubleshoot/fix at an hourly rate. Fixes are not guaranteed and time is still billable.

WORDPRESS AND 3RD PARTY PLUGINS
1. The WordPress system comes with default functionality for most online store owners. It is a scalable system, offering extensions/plugins for added functionality. AusWeb Design requires the client to purchase and supply plugins not default with our install – this is so the client receives no additional markup cost,  receives annual renewals (if applicable), and gets direct access to the plugin developers should there be specific questions about the functionality or settings.
2. AusWeb Design are able to assist with most plugin questions, however find it most efficient for the client to have direct access to the plugin development team should they need it. AusWeb Design does not setup custom plugin settings or configuration. To be quoted separately if required.
3. If a website error arises, AusWeb Design may find it necessary in some cases to correspond with 3rd party developers to assist with troubleshooting/fixing. This involves providing 3rd parties with admin-login access for the website, including 3rd party hosting login credentials if the website is not hosted with AusWeb Design.
4. The WordPress platform, including 3rd party plugins, are not the product of AusWeb Design. AusWeb Design can not be held responsible for website downtime resulting in errors from these products.
5. AusWeb Design builds all sites with the latest version of plugins, and performs ongoing plugin updates.
6. AusWeb Design uses licenses for all Premium plugin and themes, for those websites hosted and maintained under the Care Package. If a client moves to a 3rd party host and maintains their own website, AusWeb Design will remove the AusWeb Design licenses. It is highly recommended that the client purchase their own license for future updates and support. See also ‘WEBSITE TRANSFER’.
7. In many cases, plugins have an annual renewal which must be paid by the client for the plugin to remain 100% functional on the website.
8. If a client would like AusWeb Design to install a plugin, the client must purchase it from the plugin website (unless it is free), and send the plugin file to us. AusWeb Design will charge a fee to to install, activate and test the plugin.
9. Requests for additional plugins must be researched by the client to ensure it includes the requested functionality. Due to the hundreds of WordPress Plugins, AusWeb Design may not be familiar with the functionality of them all and cannot support them. Client must contact the plugin developer and or support team for troubleshooting/fixing.
10. If a client opts not use the plugin developers for support; any queries, questions, alterations, updates, amendments or similar, will become a paid service from AusWeb Design.

DOMAIN REGISTRATION
1. AusWeb Design cannot guarantee a requested domain name will be available.
2. If you do not have an ABN or ACN, AusWeb Design can register a domain name on your behalf. Once you have your ABN or ACN, AusWeb Design can then transfer that domain name over to that entity, provided by you.
3. If an AusWeb Design website package includes a free domain name, an ABN or ACN will be required for the registration of a 2 year Australian ‘.com.au’ domain name or a 1 year ‘.com’ domain name.
4. All Australian ‘.com.au’ domain names purchased by AusWeb Design will be for the minimum 2 year period. AusWeb Design will invoice every two years for domain name renewal.
5. If AusWeb Design register a domain name, it remains the property of the entity (ABN or ACN) used at registration.
6. If a domain name is transferred to AusWeb Design to manage, AusWeb Design will take over the renewal process, and invoice according do the expiry date at our normal rates.

WEBSITE TRANSFER
1. AusWeb Design websites cannot be transferred away from AusWeb Design servers other than by agreement and only after payment of any and all outstanding fees are received.
2. In the event that a client wishes to move their website to a different hosting provider, they must make a request in writing. AusWeb Design will not be held responsible for anomalies in third-party hosting, and in the event of any errors the client will contact their hosting provider for support. Any remaining hosting time is payable to the end of the calendar month regardless of when the website is moved.
3. Final account termination is not actioned by AusWeb Design until client has confirmed successful transfer and no longer needs their account. Any ongoing billing or invoicing stops upon date of client confirmation via email that account is no longer required, and transfer has been successful.
4. If a website transfer is agreed, AusWeb Design will provide cPanel access once all payments have been settled. AusWeb Design does not assist with the cPanel migration of a website on a third party host.
5. If a website is using any WordPress themes or plugins that have an AusWeb Design developer license applied, the client will have to purchase their own license to use on the site. This is not mandatory but recommended.
6. No responsibility can be taken by AusWeb Design for website or email disruption during any part of the transfer process.
7. AusWeb Design cannot provide support for any website they do not host on their servers unless otherwise agreed.
8. If you are transferring an existing WordPress built website to AusWeb Design (without purchasing a website design package), a one-off $150 (+GST) transfer fee plus a $310 (+GST) annual ‘Care Package’ fee applies.
9. If you are transferring your existing WordPress website to AusWeb Design, AusWeb Design cannot transfer your existing emails to our hosting platform. We recommend you take a copy of all emails from your existing host up to the point of transfer to AusWeb Design. Emails will be available for pick-up once the transfer of your website is complete.
10. AusWeb Design cannot be held responsible for any emails lost during the transfer period and we recommend an alternative email address (hotmail, gmail, outlook or similar), be set up during that same time.

DISCLAIMER
1. AusWeb Design shall not be liable, under any circumstances, for any loss of business, profits, goodwill or data, loss of use, interruption of business, or for any indirect, or consequential damages that result in any way from the customer’s use of, or inability to use the services, or that results from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or software.
2. AusWeb Design builds on the WordPress platform, including 3rd party plugins, and can not be held responsible for website downtime, including resulting loss of income, as a result of conflicts with these systems.
3. AusWeb Design cannot be responsible for any damages that may be suffered resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions, including interruption at payment gateways or email interruption or through receipt of spam emails.
4. AusWeb Design makes no representations, warranties or assurances that the customer’s equipment will be compatible with the AusWeb Design service.

TRADEMARKS & COPYRIGHTS
1. The design of your website (the look and feel) is under copyright and license from AusWeb Design for use by yourself. You are prohibited from selling, replicating or reproducing any of the design of your website without written permission.
2. The customer warrants that it has the right to use any applicable trademarks on their website.

LAWFUL PURPOSE
The Customer may only use AusWeb Design servers for lawful purpose. Transmission of any material in violation of any federal, state or local regulation is prohibited.

ACCEPTABLE USE POLICY
We offer several features of our web design services in a manner, which is effectively unlimited for the majority of our customers subject to our acceptable use policy. We further define those unlimited aspects as follows;
Website Design Revisions – We consider up to 8 revisions as acceptable use, it is rare for a customer to require more than 4.
Number of Pages – There is no limit other than the customer’s ability to create and manage them.
Email Addresses – We consider acceptable use for Pro, Pro Plus, Platinum and eCommerce websites to be up to 5 email accounts per domain and 15 alias addresses (i.e. email addresses that forward to others) and 3 email accounts for all other packages.
Website Hosting – We consider acceptable use to be less than 1Gb of storage space (over 20 times the average client’s use) and 5Gb of bandwidth per month (nearly 40 times the average client’s use). Additional space can be purchased should it be required.
Support – All support must be requested as an email to our support staff. Telephone support is only offered to Pro, Pro Plus, Platinum and eCommerce packages. Telephone support must be requested via email for a support member to allocated a time and research the request/question prior to the call.

LIMITED LIABILITY
1. AusWeb Design does not warrant that the service will not be interrupted or error free; nor make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the AusWeb Design servers, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall AusWeb Design, its officers, agents or anyone else involved in creating, producing or distributing AusWeb Design web design services be liable for any damages that result from the use of, or inability to use the AusWeb Design service or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to communication failure, theft, destruction or unauthorised access to AusWeb Design’s records, programs or services.
3. Notwithstanding the above, the customer’s exclusive remedies for all damages, losses and causes of actions shall not exceed the aggregate dollar amount which the customer paid during the term of this agreement and any reasonable attorney’s fee and court costs.

GOVERNING LAWS
This agreement shall be governed in all respects by the laws of New South Wales Australia. The parties irrevocably submit to the jurisdiction of the courts of New South Wales Australia.

SEVERABILITY
Each provision of this agreement including these terms of service is severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.

CONTRACT REVISIONS
Revisions will be considered agreed to by the customer as specified in Section I. Financial Arrangements.
This agreement constitutes the entire understanding of the parties. Any changes or modifications to this contract thereto, are agreed to by both parties upon renewal of services.
These terms and conditions should be read in conjunction with any quotes for your AusWeb Design design package.