Terms & Conditions
Internet Disclaimer and General Terms and Conditions of Supply Issued by and on behalf of HandyWeb. The following terms and conditions apply to all web site design services offered by handyweb.com.au. By ordering services from handyweb.com.au you agree to the following terms and conditions.
Copyright
The copyright for all material provided by Handyweb.com.au, (e.g. HTML code, graphics, photographs and text,) will remain the property of handyweb.com.au until such time as payment has been made in full whereupon they will become the property of the client. (excluding licenced managed area systems- see below) All material, both text and images, supplied by the client and used in the construction of the client’s web site, will remain the client’s property. Client is advised to ensure all material supplied or used is free to use without fear of breach of copyright laws, and all such material will be assumed to be the property of the client.
Licenced Management Systems
Please note that client copyright excludes managed areas, which are licensed systems, and while the content belongs to the client the usage of licenced managed areas are authorised to the client on an annual basis. The first years licence is included in our original quotation, and handyweb.com.au will quote for annual renewals, based on the number of areas managed. Please note that should you decide to move to another provider you will be free to remove everything except these licensed managed systems – your new provider will be free to move your data to alternative managed systems.
Design Approval Procedure
handyweb.com.au will create drafts for the client which will be uploaded to a non-public internet address for approval. If the client requires changes to the draft these changes must be submitted to handyweb.com.au by email within two working days. If the Client requests design or content alterations to pages that have already been completed, new pages or different functionality other than that specified in the original quotation, handyweb.com.au reserves the right to quote separately for these alterations.
Content Provision
If, during the Website Development Cycle, the client does not supply the content required in order to complete the website within a reasonable amount of time, handyweb.com.au will consider that the client wishes to cancel the commission and client will be billed for work carried out.
Reasonable
handyweb.com.au defines reasonable as 30 days from date of 1st request by email to the client.
Payment / Deposit
handyweb.com.au require a 40% deposit before any work is carried out. Once work has started and drafts have been issued to the client this deposit is non refundable with no exceptions. Once the website design has been approved a further 40% is required before further work is carried out.When the website has been fully completed handyweb.com.au require the balance to be paid before the website goes live. If at any point during the Website Development Cycle a client wishes to cancel, they may do so but will be invoiced an amount that handyweb.com.au judges to be proportional to the amount of work completed on the commission.. handyweb.com.au expects payment by cheque, credit card or cash within 7 days of the date of any invoice issue.
Domain Names / Hosting
handyweb.com.au will register domain names and setup hosting for clients if required. Domain Names registered will remain the property of handyweb.com.au until full payment has been received. Once payment has been received the registration details will be updated with the clients contact details.
Search Engine Inclusion
handyweb.com.au will submit a client’s website to several of the major search engines as part of the design commission. If a client wishes handyweb.com.au to promote a web site as a separate commission, handyweb.com.au will make every reasonable effort to promote the website effectively but cannot guarantee high placing in search engine results.
Website Design Drafts
handyweb.com.au will initially place the client’s website on one of handyweb.com.au demonstration servers in order that the client may view and comment upon the website’s progress. When both handyweb.com.au and the client agree that the website Design the criteria agreed during the commissioning process, handyweb.com.au will invoice the client for the 2nd stage payment (40%) .On receipt of payment, handyweb.com.au will complete the commission.
Website Design Stage
handyweb.com.au define website design as a draft of the website that will show the look and style of the website including a minimum of 5 pages with click throughs. This does not include content – such as images, databases, etc. Where required these will be included in the final stage of completion.
Website Completion
handyweb.com.au will place the completed clients website on one of handyweb.com.au demonstration servers and on receipt of the final payment (20% will upload the website or provide the source code for the site via a download (or cd-rom disk) for the client to upload.
Website Maintenance
handyweb.com.au does not undertake to maintain or update a client’s website as part of the design commission. If a client wishes handyweb.com.au to maintain or update a web site as a separate commission, handyweb.com.au will negotiate with the client a maintenance contract appropriate to the amount of work required. Web site maintenance may also be undertaken on a time and materials basis if the client so wishes.
DISCLAIMER
The web sites designed by handyweb.com.au are done so at the exclusive direction of and based on information provided by each individual web site owner. The sole and entire responsibility for that same information rests with each individual web site owner.
handyweb.com.au shall not be liable in any way whatsoever for:
Any damage of any kind (direct, indirect, consequential, incidental or punitive) which results from the use of, access to or inability to use the information contained in any web site which it has designed.
Any errors or omissions in the contents of any website which it has designed
Any damages to or viruses that may infect a site visitor’s computer equipment, software, data or other property which result from a site visitor’s access to, use of or browsing in any site designed by handyweb.com.au
Any damages which result from the downloading of material, data, text, images, video or audio from any site designed by handyweb.com.au
Any content in any site linked to a site designed by handyweb.com.au and any resulting damages from a site visitor’s access to any such linked site and or site visitors link to any other such sites are at their own risk
Each individual web site owner reserves the exclusive right to alter its site content in any way, at any time and for any reason without prior notification carrying no liability for any consequences of such changes. Should handyweb.com.au work to any directive from a site owner to change the site content then such work is undertaken on the clear understanding that no liability whatsoever relating to such changes is assigned to handyweb.com.au
Handyweb.com.au will not be responsible for any damages arising from or relating to the use of any web site created by or any goods or services provided by handyweb.com.au including web hosting and internet marketing services or obtained in any manner through or in connection with any web site. Handyweb.com.au makes no warranties of any kind, expressed or implied for the services it provides.
Handyweb.com.au disclaims any warranty or merchantability or fitness for a particular purpose. Without limiting the foregoing, handyweb.com.au shall not be liable for loss of data resulting from delays, non-delivery, wrong delivery, or any and all service interruptions caused directly or indirectly by handyweb.com.au
Handyweb.com.au reserves the right to use third party software packages, Companies & hosting solutions
Handyweb.com.au shall not be liable to any business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether advice has been given of the possibility of any such loss or damage.
The provisions set forth above allocate the risks under this agreement between the parties and it is agreed that such allocation and limitation are not unenforceable. By agreeing to these terms and conditions your statutory rights are not affected. Handyweb.com.au reserves the right to change or modify any of the terms and conditions contained in the Terms and Conditions.
By accepting a quotation or making a payment to use the services supplied by handyweb.com.au the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.
If you are unsure or require clarification on any of the above please contact us.