‘Client’ is engaging the above named ‘Provider’, a sole-proprietorship, as an independent contractor for the specific project of developing a web site. The ‘Client’ hereby authorizes ‘Provider’ access and “write permissions” to all directories and files of this account.
2. WEB & GRAPHIC DESIGN SERVICES
Design to include web page layout: placement of text, graphics/photos, navigation links, external links and e-mail links., CSS stylesheet and installation into client hosting. Minor updates and changes to web site at no charge for one month beginning when web site is transferred to the internet for public viewing. Minor changes are limited to: changing wording, or making general design or text corrections. ‘Provider’ hourly rates will apply to retyping of lengthy text, adding new text, adding new pictures, adding new pages, or any other major changes not included in purchase.
3. FEES & PAYMENT
All fees payable in Australian dollars. Web Design cost is variable and based on individual design. A down payment or full payment may be required prior to any work beginning. Payments will be accepted via PayPal, Visa, Mastercard, Discover, and American Express. Credit Card transactions will appear as EZIDEBIT on credit card statements. The customer will pay the fee charged to Web Wizards by the credit card processing agent (EZIDEBIT)
4. COPYRIGHT AND TRADEMARKS
The ‘Client’ represents to ‘Provider’ and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ‘Provider’ for inclusion in web site are owned by the ‘Client’, or that the ‘Client’ has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend ‘Provider’ from any claim or suit arising from the use of such elements furnished by the ‘Client’. ‘Provider’ guarantees that any text, graphics, photos, designs, trademarks or other artwork has received the proper rights and/or licenses to be used on the web site. Use of 3rd party graphical element may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both ‘Client’ and ‘Provider’ that such statement shall remain on the web site so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the individual web site, unless ‘Client’ receives direct authorization from the 3rd party. Copyright to the finished assembled work of individual web site produced and designed by ‘Provider’ is owned by ‘Provider’. This ownership is to include rights to the design, any photos or graphics supplied by ‘Provider’, source code, and computer programs specifically designed for this web site. Upon full and final payment of this contract, the ‘Client’ is assigned copyright to use on a single web site the design, graphics, and text contained in the finished assembled web site. All graphics, photos and text provided by ‘Provider’ are property of ‘Provider’ and may not be used in any media outside the signle web site without permission or transfer of rights specified in writing between ‘Provider’ and ‘Client’.
In the event that ‘Client’ or other agent acting on the behalf of the ‘Client’ accesses files and disrupts the layout or functionality of the web site, ‘Provider’ can work to get the web site back up and running at the regular hourly rate. Under no circumstances, including negligence, shall ‘Provider’, or any other company involved in the creation, production or distribution of the web site, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ‘Provider’s’ services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to ‘Provider’s’ records, programs or services.
6. LAWS AFFECTING ELECTRONIC COMMERCE
The ‘Client’ agrees that the ‘Client’ is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend ‘Provider’ and it’s subcontractors from any claim, suit, penalty, tax, or tariff arising from the ‘Client’s’ use of Internet electronic commerce.
7. INTERNET ETIQUETTE
‘Provider’ is a developer of ethical web sites. As such, ‘Provider’ will not design, promote, or attach links to any site that includes adult content, nudity, obscene language or that encourages or promotes intolerance or discrimination of or towards people or peoples of any race, color, sex, creed or religion. Nor will ‘Provider’ design, promote or attach links to any site that advocates, encourages or practices the exploitation of any group or groups in society, including, and in particular, children, the elderly or the disadvantaged.
8. AUTHORSHIP CREDIT
‘Client’ agrees that ‘Provider’ may put a small byline link on the bottom of their web page establishing authorship credit. In order that Provider may remove their byline in the event of the design being altered, it is mutually agreed that ‘Provider’ will be notified of any design changes to this web site. ‘Provider’ may use ‘Client’ web site as a sample of work in print or through a web site link.
Provider’ may, during the course of providing services hereunder or in relation to this contract have access to, and acquire knowledge regarding materials, data, systems, and other information of or with respect to ‘Client’ which may not be accessible or known to the general public. Any knowledge acquired by ‘Provider’ from such materials shall not be used, published or divulged by ‘Provider’ to any person, firm or outside source without the express written consent of ‘Client’.
10. ENTIRE UNDERSTANDING
This constitutes the sole agreement between the ‘Provider’ and ‘Client’ regarding its web design and graphic service. This agreement shall be governed and construed in accordance with the laws of Western Australia. Web Wizards Management Perth Western Australia 17 / 179 Sevenoaks Street, Cannington, WA 6107 (08) 9350 9392 ABN 14133 321 767
11. WEBSITE HOSTING
We maintain the server with the latest stable release software. Our server expert oversees all server maintenance constantly making it highly secure. However, in the unlikely instance that something happens to the server such as during an update of the server software we will restore your website from the latest backup which is stored on an external server as well as a mirrored server.
Our Uptime is between 99.5% and 99.9% historically. Preventative maintenance or emergency security upgrades are performed between midnight and 6am where necessary to avoid disruption.
Our telephone support is available Monday to Friday. Messages left on our phone outside these hours are emailed to us directly. Email support is answered out of hours from 7am until midnight.
Our server has downtime alerts which are sent to the 24 hour IT support where it occurs and it is dealt with immediately or at 7am depending upon the issue’s seriousness.
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
You hereby jointly and severally release and indemnify us, our directors, members, employees, and subcontractors against any such claims.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded.
Without limiting the above, to the extent permitted by law, any liability of Web Wizards under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.