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Website
Design Terms
and Conditions.
By placing an order with
Ozlocal, 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 OzLocal 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 OzLocal.
The Customer: You, the company or individual or other
entity requesting the services of Ozlocal.
The design:
The website in development.
Ozlocal:
Ozlocal Media & Technology 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
Ozlocal 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.
Ozlocal 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 Ozlocal.
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 Ozlocal.
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, Ozlocal 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 Ozlocal 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 Ozlocal remain the copyright of Ozlocal and may only be
commercially reproduced or resold with the permission of Ozlocal.
Ozlocal 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 Ozlocal and where no charge is
made by Ozlocal for such additions, Ozlocal 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 Ozlocal all materials required to enable completion of
the website to the agreed Specifications and within the times
specified in the contract as set deadline.
Ozlocal will not be liable for costs incurred, compensation
or loss of earnings due to the failure to meet agreed deadlines.
Ozlocal 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.
Ozlocal 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.
Ozlocal 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 OzLocal'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
Ozlocal 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 Ozlocal remain the copyright of Ozlocal and
may only be commercially reproduced or resold only with the
permission of Ozlocal.
Where applications or sites are developed on servers not
recommended by Ozlocal, 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 Ozlocal before making it generally
available for use. Where "bugs", errors or other issues are found
after the site is live, Ozlocal will endeavour (but is not legally
bound) to correct these issues to meet the standards of function
outlined in the brief.
Compatibility
Ozlocal 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.
Ozlocal can offer no guarantees of correct function with all
browser software.
Website Hosting
See web hosting Terms & Conditions
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.
Ozlocal 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.
Ozlocal'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
Ozlocal's policy that any outstanding accounts for work carried
out by Ozlocal or its affiliates are required to be paid in full
unless this is varied by prior arrangement with Ozlocal.
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 Ozlocal 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
Ozlocal. If the client wishes to remove the website from Ozlocal a
2 year web hosting fee will apply as well as a back up and file
retrieval fee.
Web Browsers
OzLocal 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 Media and Technology
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
Media and Technology 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 Media and
Technology, Oz local Media and
Technology 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 Media and Technology, 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. |
