Webedge Terms and Conditions
Last updated: 14th October 2011
Webedge asks that you do not use our website or services until you have read these Terms & Conditions.
The content contained on www.webedge.com.au (excluding these terms & conditions) is provided for information purposes only. While this content has been compiled in good faith, no representation is made as to its entirety or accuracy. Webedge makes no commitment and disclaims any duty to update, correct, or provide notice as to any error or omission in any report or other information (excluding these terms & conditions) contained on our website.
Webedge reserves the right to review and revise our Terms & Conditions. Any additions or modifications to our Terms & Conditions will be passed on to our clients with reasonable notice and in good faith that no amendments will affect your rights as a customer. Webedge reserves the right to add, modify or delete all other content on our website at any time.
If you are using or have used our services it is understood that you have agreed to the terms set forth on this page.
References to “We”, “Webedge”, “Us” and “our service” refer to Webedge and its respective products and services. References to “you”, “your”, “customer”, “client” and the like, refer to you, and your agents. These Terms & Conditions are subject to change at any time therefore it is important that you check our website regularly. Your continued use of our services implies acceptance of any subsequent revisions.
PAYMENT (where applicable)
50% of agreed project fee will be paid prior to work commencing. Invoicing may be split into agreed phases in the event of lengthy jobs. The final payment will be taken upon completion of the finished project, prior to the website going "live", at which point all outstanding payments will be due.
Hosting rates will become effective once the website has been established. Hosting will be charged out at the current Hosting rate and will be charged yearly in advance. If you are not happy with your service then you can cancel your hosting immediately. From the time you receive your cancellation confirmation you will no longer be billed by Webedge. No retrospective cancellation is possible. You are billed yearly in advance for your monthly subscription.
If a project is postponed or cancelled by anyone other than Webedge after more than 50% completion then the balance of works will be invoiced and then completed at the customers continuation date (if any). If the project is cancelled before 50% completion then a refund will be issued minus charges accumulated by Webedge or any 3rd party costs that Webedge incurred during the project. These prices will be calculated at Webedge’s standard design rate based on the hours already spent including any 3rd party costs. Inititial deposit costs are non-refundable.
Webedge will notify you immediately of any changes of project development status, and make appropriate arrangements. If a project in development is cancelled by Webedge you will be refunded in full minus any 3rd party expenses providing you have not breached any of the terms and conditions set out here.
A request to cancel project must be made in writing to Webedge and include the signature of the authoritative client.
SUPPORT (where applicable)
Webedge can provide general support by phone and email.
Support included in all web design packages
- Billing enquiries
- General Email setup enquiries
The following attracts a support fee of $77 per hour (inc. GST):
- Face to face support
- Joomla Training (onsite, phone and email)
- Content & design changes
- Setup of Website Hosting on external environment
- Setup of Email accounts at client location (onsite)
- HTML/CSS/Coding training, support or troubleshooting
- All application training and support (e.g. Photoshop, Dreamweaver, Joomla, Magento, etc)
- Time spent investigating a reported issue for which Webedge is not responsible
Copywriting (written text in your web pages) not supplied at time of project commencement or during project will be charged at $200 per A4 page.
Support Service Level Agreement
All support issues requiring less than 1 hours work will be attended to within 2 business days of the support email or phone call being logged. Support issues requiring more than 1 hours work will be given a timeframe and you will be notified within 2 business days of the support email/call being logged. Where applicable, support fees may apply.
We will never sell, lease or distribute your contact details to any 3rd party. We will never disclose information relating to your company to any other 3rd party. We will only reveal data pertaining to your account if compelled to do so by law.
FAIR USE POLICY
We employ a fair use policy to our websites. If we believe, for any reason, that you are not behaving in a manner expected of a Webedge customer then we reserve the right to terminate your account – effective immediately.
We make efforts to ensure that our website and all of our services are online 24x7 every day of the year. There are however times when our website will be down, sometimes for things that we cannot control and others that we can. When your website is offline we will do our best to get it online as soon as possible. We will not be held responsible for damage, events or losses directly or indirectly related to your website being offline.
Webedge is a Jumba Online Services Pty Ltd Hosting Reseller. We are not liable for your website if it is not hosted with Webedge and we make no guarantees that your website will work with other hosting providers. We endeavour to provide at least 99% uptime on all of our hosting. If in a given month, we do not reach this target, we will not offer compensation. We do our best to keep our sites online but cannot be held responsible when websites are offline.
The limit of our liability (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) to you or to any third party concerning performance or non-performance of the Services for any and all claims, shall not in the aggregate exceed the fees paid by you to us in accordance with these terms. Your exclusive remedy for any claim arising out of these arrangements shall be for us, upon receipt of written notice from you, to use commercially reasonable efforts to cure the breach at our expense, and failing that, the return of fees paid to us for the work related to the breach. Our liability in contract, tort, negligence, strict liability in tort or by statute or otherwise will be reduced by the extent, if any, to which you contributed to the loss.
Webedge shall not be liable to you or be deemed to be in breach of our obligations to you by reason of any delay in performing, or any failure to perform, any of our obligations in completing the services.
You shall defend, indemnify and hold us harmless from and against any loss, damage, liabilities and claims made by any third party arising out of or relating to the services or any use by you of the Work. You will reimburse us for all expenses (including counsel’s fees) as incurred by us in connection with any such action or claim. We believe that the systems we use are highly secure from the actions of hackers, viruses and other problems on the internet but can make no guarantees. All of our websites include an easy to use backup tool and it is up to you to backup and ensure the integrity of your data offline. Webedge can provide a weekly backup of your site for an additional fee.
Webedge does not warrant any of its services and is not responsible for any grammatical errors found in submitted material you provide. Webedge will not be liable for indirect, special or consequential damages, or any loss of revenue or profits, arising in connection with the projects that we develop/developed. Webedge agree to resolve any errors made by Webedge free of charge within 2 weeks of your website going live. After this period all changes to your website will be subject to our support fees specified above.
The Customer shall not submit for use by Webedge anything whose use would constitute an unauthorised dealing with copyright material. In the event of any breach of this condition resulting in such an unauthorised dealing, the Customer shall remain liable to pay all sums due to Webedge under the relevant contract and shall further indemnify Webedge against any loss, costs or expenses attributable to such unauthorised dealing.
All copyright and other intellectual property rights in any work created, commissioned or otherwise acquired by Webedge in implementation of any contract between Webedge and you shall remain with Webedge until full payment has been received. For the purposes of these conditions, WORK means and includes any artistic, literary or dramatic work within the meaning of the (amended) Copyright.
IMAGES ON YOUR WEBSITE
If we use stock imagery on your website you do not own these images, ownership is retained by the image rights owner. Such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your website by Webedge. Any editing of the dimensions in which they appear may contravene their usage rights. Do not copy the images and use them in other promotional materials. If you are looking to own the images on your website or use them for another purpose then please contact us and we will endeavour to put you in contact with the image rights owner. This of course, does not apply to images that you own and provide to us for use on your website.
Unless otherwise arranged with Webedge, you agree to a backlink to www.webedge.com.au and small Webedge icon to be visible at the footer of your website.
All services provided by Webedge may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any Federal or State law is prohibited.
Websites from Webedge cannot be used to disseminate, communicate, store or transmit:
- content sexually-explicit in nature;
- information that contains virus’, worms or malicious elements;
- copyright infringing data;
- trade secret protected data;
- data that infringes on any intellectual property, publicity rights or privacy rights;
- is defamatory, harassing or threatening;
- relates to illegal business operations or schemes;
- contains deliberately misleading, incomplete or deceptive content; or
- is deemed inappropriate by Webedge
This website is governed by the laws of the state of New South Wales, Australia. Any dispute arising from the use of this website or services will be settled in this jurisdiction.
Terms of invoice payment are strictly 7 days. Webedge accept payment by Bank Transfer and Credit Card. As of October 1st 2010 Webedge no longer accepts cheques. Webedge uses EzyPay (www.ezypay.com.au) for all recurring payments and Credit Card payments.A $5.00 administration fee will be charged and added to your invoice if paying by Credit Card. This charge covers the cost of setting up and maintaining your account. Additionally, payment by VISA or Mastercard will incur a 2.7% surcharge which will be added to your invoice. We no longer accept AMEX or Diners Card.