These are the terms and conditions for the supply of products and services by Sites Downunder. THE CLIENT agrees to be bound by these terms and conditions upon utilising any of the products and services offered by Sites Downunder. Please read these terms and conditions carefully. These terms and conditions apply to any or all of the products and/or services provided by Sites Downunder and constitute an agreement between THE CLIENT and Sites Downunder. Sites Downunder reserves the right to change these terms and conditions from time to time without notice to THE CLIENT.
THE CLIENT agrees to be bound by Sites Downunder's terms and conditions following the commencement of the project and / or payment of the project deposit, or any fee, by THE CLIENT to Sites Downunder and agrees that acceptance of a supplied quote or proposal from Sites Downunder to begin the project and / or payment of any fee is taken as agreement to these terms and conditions. Upon receipt of such deposit by Sites Downunder, Sites Downunder is authorised to execute the project.
Any changes requested by THE CLIENT to any aspects of the agreed scope of the project at any stage during the project may incur a revision fee applicable at the discretion of Sites Downunder. Additional services will include, but are not limited to, changes in the extent of work, changes in scope, changes in schedule, changes in database design and programming, changes in the complexity of any elements of the project, changes to visual aesthetics and/or function, and any changes made after CLIENT approval has been given for a specific stage of the project according to the agreed upon quote, including but not limited to concepts, layout, colours, artistic styles, programming and production of mechanicals. Sites Downunder agrees to inform THE CLIENT, where possible, of additional services that fall outside the scope of the project being undertaken. Any revision hours included in a quote for products and/or services are valid for 30 days from the date of purchase unless otherwise specifically stated in writing by Sites Downunder. Revisions that fall outside of the 30 day timeframe will incur extra fees at Sites Downunder's standard hourly rate.
Sites Downunder reserves the right to adjust the scope and schedule of the project in the event that THE CLIENT fails to meet the agreed-upon deadlines for delivery of information, materials, content, approvals, payments, and for changes and additions to the services outlined in the agreed quotation.
It is the responsibility of THE CLIENT to proof-check all work submitted by Sites Downunder to ensure that there are no grammatical, spelling or errors contained in the final product. It is agreed that Sites Downunder is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public. Standard warranties apply in respect to website design and development regarding the repair of programming errors by Sites Downunder.
It is a strong condition that all copyright and intellectual property for work produced by Sites Downunder shall remain the property of Sites Downunder. Upon receipt of all money owed for the entire project by THE CLIENT to Sites Downunder's nominated financial institution, THE CLIENT is then granted a license to use the design items pertaining to the project for commercial use in advertising, display, and communication to the public. Copying, modifying, reverse engineering, de-encrypting, unauthorised reproduction or use contrary to the conditions that appear on this document are not permitted unless Sites Downunder has issued specific approval in writing to THE CLIENT. This copyright notice includes all print graphics and in the case of websites and software based technologies, the client is granted a license to use the website or software for content display, online sales, advertising and communication to the public. The client is not authorised to make source code changes, copy, modify, reverse engineer, or de-encrypt any source code created by Sites Downunder. Any changes to the source code undertaken by or on behalf of the client without Sites Downunder's express permission will void any warranty and support on offer and may invoke legal action for breach of copyright. It is a strong condition that the client understands and agrees that the Sites Downunder CMS content management software always remains the property of Sites Downunder and is non transferable in any manner for use on external hosting platforms or for use with any other website than the website Sites Downunder has developed it for.
Sites Downunder will use every effort to work within stated budgets but will not be liable if these expenses exceed budgets. When possible, no expenses in excess of the budget will be incurred without THE CLIENT's permission in advance. THE CLIENT agrees to reimburse Sites Downunder for all out-of-pocket expenses incurred to produce this project.
Upon approval of this document, THE CLIENT will make all payments and installments, as scheduled and outlined in the agreed quote pertaining to the commencement of the project. Sites Downunder reserves the right to vary our pricing and fees from time to time, including but not limited to, design services and products, domain names, and web hosting. In the event of price variations THE CLIENT will be notified prior to such rise where applicable as deemed by Sites Downunder. If THE CLIENT fails to pay a due invoice by the due date of said invoice, a late fee may be charged by Sites Downunder to THE CLIENT. THE CLIENT agrees to pay all costs incurred by Sites Downunder to recover overdue monies.
In the event any material, content or data necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, colour separation, press work, binding, or web related technologies and services, Sites Downunder will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party, or due to third party website hosting and/or related technologies and services.
Sites Downunder agrees to conform to web standards where possible but is not liable for any compliance issues, accessibility issues, privacy issues, and is not responsible for the up-keep of in-house knowledge of web standards due to the evolutionary nature of web standards development. Furthermore, if situations arise whereby THE CLIENT requests a function that contradicts or compromises current web standards, or in cases where it is necessary to include non-conforming technologies to complete a project to the client's request, Sites Downunder will not be liable from any issues regarding web standards or accessibility laws and guidelines.
Sites Downunder may contract with other individuals or companies acting on behalf of THE CLIENT to provide additional services such as writing, photography, illustration, programming and production. THE CLIENT agrees to be bound by any terms and conditions, including required credits and usage rights, with respect to reproduction of the materials that may be imposed on Sites Downunder by these third parties. When such contractors are required, Sites Downunder will seek the discussion and agreement of THE CLIENT prior to any formal arrangements with these third parties where applicable.
The CLIENT may register a domain name with any registrar and provide it to Sites Downunder or choose to purchase a domain name through Sites Downunder. Web hosting may only be provided by Sites Downunder for websites built by Sites Downunder that utilise the Sites Downunder CMS.
THE CLIENT may request that a project be placed on-hold at the discretion of Sites Downunder. Any request for placing a project on hold must be supplied to Sites Downunder in writing and received within 30 days from the date of payment of the deposit for the project. In such cases, ownership of copyright and all rights shall be retained by Sites Downunder and a fee for work completed, based on the contract price and expenses already incurred, shall be paid by THE CLIENT. THE CLIENT may request that a project successfully deemed by Sites Downunder as on hold be re-activated at the discretion of Sites Downunder. Any request by THE CLIENT for re-activation must be supplied to Sites Downunder in writing and received within 90 days from the date of payment of the deposit for the project. In such cases, a re-establishment fee shall be paid by THE CLIENT. The amount required for the re-establishment fee will be calculated on a case by case basis to allow for each individual project's specification and required workload. It is a strong condition that THE CLIENT agrees that failure to supply Sites Downunder with a written request for placing a project on hold within 30 days of payment of the deposit forfeits the ability for the project to be placed on hold. It is a strong condition that any existing fees paid by THE CLIENT to Sites Downunder, or fees paid in advance by THE CLIENT to Sites Downunder shall be forfeited under a project on hold status and no refunds will be given.
THE CLIENT may, at any time, terminate any service by providing Sites Downunder with notification in writing for cancellation of service/s. All costs incurred by Sites Downunder relating to the project will be charged to THE CLIENT including planning, time scheduling, programming, designing, resources allocation, customer contact time, and all other project related costs at the discretion of Sites Downunder. Any existing fees, or fees paid in advance for that service which is being cancelled shall be forfeited, no refunds will be given. It is a strong condition that Sites Downunder retains full copyright ownership and other rights for all work produced under a termination scenario. It is a strong condition that any existing fees paid by THE CLIENT to Sites Downunder, or fees paid in advance by THE CLIENT to Sites Downunder shall be forfeited under a termination of services status and no refunds will be given. Sites Downunder may also at any time, terminate any service by providing THE CLIENT with notification in writing for cancellation of service/s.
It is a strong condition that THE CLIENT agrees that any deviation from the terms and conditions of this agreement or failure by THE CLIENT to follow the termination of services conditions will incur a breach of contract status whereby all costs incurred by Sites Downunder relating to the project will be charged to THE CLIENT including planning, time scheduling, programming, designing, resources allocation, customer contact time, and all other project related costs at the discretion of Sites Downunder. It is a strong condition that any existing fees paid by THE CLIENT to Sites Downunder, or fees paid in advance by THE CLIENT to Sites Downunder shall be forfeited under a breach of contract status and no refunds will be given. It is a strong condition that Sites Downunder retains full copyright ownership and other rights for all work produced under a termination scenario and THE CLIENT forfeits any and all work provided by Sites Downunder.
Overdue payments by THE CLIENT to Sites Downunder may incur a late fee at Sites Downunder's discretion. Any and all time spent by Sites Downunder to collect outstanding amounts from the client or time spent in monetary disputes or legal action may incur extra costs which be added to the client's bill at the discretion of Sites Downunder. Payments that remain overdue for an extended period of time may result in a breach of contract status at Sites Downunder's discretion. The determination of an 'extended period of time' is also at Sites Downunder's discretion. It is a strong condition that Sites Downunder retains full copyright ownership and other rights for all work produced under an overdue payment scenario.
It is a strong condition that THE CLIENT agrees that any deposit and/or fees paid to Sites Downunder are non-refundable and non-transferable.
While we make every effort to keep back-ups of both client supplied images and data and work supplied by Sites Downunder to THE CLIENT, THE CLIENT is solely responsible for keeping own copies or back-ups of client supplied images and data and work supplied by Sites Downunder to THE CLIENT including and not limited to website content, product information, images, text, and all client documentation. Sites Downunder will not be deemed liable for loss of such information.