0435 137 974
In the nutshell (overview):
We (Website Design Agency) provide website design, development, website hosting services and ongoing support in the best of our abilities. Our services are designed to provide you with as much control over the website as possible. That means that there is some responsibility on you. Please be careful with what you post on the pages of your website, as the nature of your content could offend some and may even be illegal (things like spam, viruses, threats, call to violent activities, pornographic material, promotion of illegal substances and illegal activities). Also, it is important to respect the work of other people and companies. Please make sure that content that you place on your website is not in breach of any form of copyright policy. We are careful with what content goes on our websites and ask the same of your content.
We are as transparent as possible about services that we provide and how we provide them. For every project that we do we provide you with the Statement of Work, which outlines the work that will be done within the scope of the project. Having said that, we also respect and highly regard your privacy. That is why we take extra measures in encryption, password protection and limit exposure of our communication with you from other people and companies.
We are flexible in how we provide our services and as we are the proprietors of our Content Management System we can vary how we do our work depending on your needs. We are also developers and that means that we can provide IT services (software development, database development, some SEO and design work) that is outside of our normal line of work. For such services, pricing and agreements will be discussed during the meeting.
Keep in mind that as our business is growing, our Terms of Service change accordingly to accommodate the changes in the legal fields, changes in our services and clarifications of certain points.
For the purpose of this agreement, the below list includes all of the interpretations for the current Terms of Service:
Our services may be cancelled at any time by contacting us at on our Contact Us page
Website Design Agency offers a refund for the Hosting Fees paid in advance for a period of time that has not yet occurred. This refund only covers the Hosting Fees. The refund does not include design, development, setup and domain name registration.
Website Hosting Services
All Website Hosting Services must be paid in advance of service delivery.
All customers receive automatic reminders about the upcoming renewal and the expected renewal period for their accounts.
Hosting Fees can be paid through the zStudio CMS Control Panel or directly to our nominated bank account by invoice (invoice has to be ordered by contacting us).
We reserve the right to immediately terminate the Service if payment is not received timely.
If you need to secure your website with SSL, that will cost you $120 per year in addition to your website hosting price. We charge for the SSL, which usually costs at GoDaddy $90 p/y, plus we charge for the installation and all required internal changes on the website.
Website Development and Updates
If the Customer has not fully paid Website Design Agency as per Statement of Work after the service delivery, sur services will be terminated exactly 30 days after the due date. We will send out reminders and the final reminder before we terminate our services.
You will be asked to provide the website content within 21 days after the website framework completion. This content includes text, images, video or any other material you want included in your project. Website Design Agency will assume that all text supplied has been proof-read and spell checked.
Delays in delivering your content to Website Design Agency may attract extra charges to the overall project cost.
Please ensure any content (text and images) delivered to and used by Website Design Agency in your project meets current copyright laws. That means you own or have appropriate rights to use it. Copyright clearance on content supplied to Website Design Agency is the sole responsibility of the client.
Content for each individual web page (element) must be clearly labelled and documented. The Client understands that Website Design Agency may choose not to begin development of the website until all content is received. Images provided are to be of high quality. Any image editing will be done outside of the scope of work and will be charged for accordingly. All image use and editing should be discussed at the planning stage of work.
Website Design Agency will assume that all text supplied has been proof-read and spell-checked. Therefore, Website Design Agency will not be liable for spelling mistakes.
Website Design Agency is not responsible for Content that you provide and/or create within our services. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, and other harmful or destructive content. Website Design Agency disclaims any responsibility for any harm resulting from Content.
Website Design Agency is not and will not be responsible for:
Website Design Agency asks Customers to respect intellectual property rights. If you think that material provided by our Customers within our services is violating any form of copyright policy, we ask you to notify us immediately. Website Design Agency will respond to all such notices, including as required if appropriate removing the infringing material or disabling all links to the infringing material. In the case of such termination, Website Design Agency will have no obligation to provide a refund of any amounts previously paid to Website Design Agency.
All server-side software provided by Website Design Agency is leased to the Customer and remain the property of Website Design Agency and/or its suppliers. Website Design Agency reserves the right to change any network infrastructure, software, hardware and IP addresses at its sole discretion.
The Customer cannot transfer the website to another hosting provider or use our software on other servers without our permission.
Website Design Agency may interrupt service to perform maintenance. Website Design Agency will use its best efforts to inform the Customer before interrupting service to insure that access loss is minimised. In the event of software or equipment malfunction or failure, Website Design Agency will provide its best efforts to repair the system as quickly as possible.
In the event that Website Design Agency suspects that server security has been breached, Website Design Agency reserves the right to disable the server and/or the account of Customer in order to facilitate investigation and recovery in coordination with Customer.
Customer agrees that Website Design Agency shall not be responsible for any service interruptions.
Website Design Agency is constantly updating our services, and that means that sometimes we have to change the legal terms under which our services are offered
Website Design Agency may terminate access to all or any part of the website within our services at any time, with or without cause, with or without notice, effective immediately.
Our services may be cancelled at any time by contacting us at our Contact Us page
All provisions of this Terms of Service document which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Website Design Agency is not responsible for any breach of this document of Terms of Service if Website Design Agency is unable to complete our services or any portion thereof due to: fire, earthquake, labor dispute, act of God, death, illness or incapacity of Website Design Agency or any local, state, federal, national or international law, governmental order or regulation or any other event beyond the control of Website Design Agency.
12.01. Website Design Agency'S WEB HOSTING SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Website Design Agency EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12.02. Website Design Agency MAKES NO WARRANTY THAT SERVICES WILL MEET YOUR REQUIREMENTS OR THAT, SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Website Design Agency SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Website Design Agency SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Website Design Agency SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Website Design Agency HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM Website Design Agency; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
0435 137 974