Friday, 24th May 2013
Terms and Conditions
a. In this document 'we', ‘us’ and 'our' means BottomUp Web Design and subcontracted businesses.
b. 'you' and 'your' mean the customer.
c. 'Service' primarily refers to the website design and our provision of space on one of our servers and the connection to and from the Internet to our server.
2. Acceptance of the Agreement
a. The acceptance of these terms and conditions will be signified via a confirmation email from you to proceed with the order, or on the first payment of the services.
3. Service Reliability and Security
a. Although we will endeavour to provide reliability and security of the Service, we cannot be made liable for service interruptions or down time of the service.
4. Service Package and Service Support Labour
a. We will provide the costs for a single Domain Registration, Domain renewal and Web Hosting in the Service packages.
b. You acknowledge that we will automatically renew your Service package unless you confirm in writing to us otherwise. We may not renew your Service where you have unpaid invoices or if you are in breach of any terms of your use of our services. Without a Service, we are not responsible for any loss or damage resulting from non-renewal of your domain name.
c. The Service Support Labour Allowance expires each month and does not accrue. Travelling time for site visits will be deducted from the allowance.
d. The Service Support Labour Allowance includes support such as Web design, IT Support, Online Marketing or network assistance.
5. Registering a domain name
a. In respect of domain names, we advise you that we are a reseller, dealing with one of the auDA Accredited Registrars.
b. Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and that you comply with them.
c. You warrant providing the correct details to us during domain registration. Incorrect details may result with the loss of your domain name or additional administrations accountable to you.
d. We hold no responsibility for domain names (and renewal of) that you have purchased with other providers.
6. Customer warranties, liabilities and undertakings
a. You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you.
b. You warrant that you will hold and will continue to hold the copyright in your data or that you are licensed and will continue to be licensed to use that data.
c. You will obtain all the necessary permissions and authorities in respect of the use of all copy, graphics, registered company logos, text, names and trademarks or any other material.
d. You will be required to ensure that the content of your website meets all the current Australian legislation regarding publications.
e. You are responsible for, and will thoroughly check the content published on your website.
7. Our Warranties and Liabilities
a. Except as expressly provided to the contrary in this agreement, we exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
b. Our total aggregate liability to you will be limited to the charges paid by you in respect of the services for one year, provided that you notify us of any such claim within one year of it arising.
8. Suspension, Termination or Downgrade of the Service
a. Service can be suspended, terminated or downgraded after the first 6 months. This is in place to cover recouping the discount applied to the website first build and to cover other non redeemable setup, domain name costs, administration and labour that we incur.
b. Instruction to Suspend, Terminate or Downgrade your account needs to be followed in writing (email or post) by you.
c. You agree to pay for any work completed up to the date of Suspension or Termination. The amount will be based on expenses and hours at the standard hourly rate (as quoted).
d. We may suspend or terminate your account if you breach any of these terms and conditions, or if you become insolvent or you are declared bankrupt.
e. Upon Termination, your Domain name will be transferred to your preferred host. Although FTP and MySQL access may be withheld for security measures, the website images and text may be freely copied and reused by your new host prior to Termination.
9. Fees, charges and payments
a. All charges payable within seven (14) days of receipt of our invoice unless otherwise specified.
b. The price will remain fixed for the period covered by the payment; that is, monthly, quarterly or annually. The price is subject to variation after the payment period.
c. Payment of Service is in advance of one month from the commencement of work. Service will continued to be charged during the construction of the website.
10. Archiving and backup your data
a. If specified in the Service Package, we will archive your data on a weekly basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive.
b. In the event of corruption of all of our archives, or in the event that an archive does not contain the up-to-date data, we recommend that you maintain a recent copy of your data at your premises at all times.
11. The need to change Data Centres
a. We reserve the right to migrate your web site to a new data centre if the existing data centre ceases to meet the requirements of Bottomup Web Designs.
12. Ownership of server equipment
a. Unless otherwise agreed, you obtain no rights to the hardware and other infrastructure and facilities used by us to deliver the Service.
13. Severability and Entire Agreement
a. If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.
b. These terms and conditions constitute the entire agreement between us and you from the date of the last quote forward. It supersedes all prior agreements, understandings and representations whether oral or written.
14. Third Party Services
a. We are not responsible for the upkeep, performance, payment or security of Third Party services such as your own PayPal account, your telephone rental, your internet service provider (ISP), your computer, your computer software, or any other third party services that you engage. These agreements are between yourself and those third parties.
15. Governing Law
a. These terms and conditions are governed by the laws in force in Western Australia. Both parties agree to submit to the exclusive jurisdiction of the Courts of that State.
16. Notifications & Communications
a. Notifications under this agreement will be by email to your nominated internet address.
b. By entering into this agreement you agree to receive email communications of critical service notifications, renewal, billing and account notifications, scheduled downtime notifications or any other communications deemed to be a part of our service to you.
17. Search Engine Optimisation (SEO)
a. If included in the quote, we will design the website to best SEO practise.
b. We will submit your site URL to the search engines as nominated. The decision to list your website, timing to list and ranking given to your pages is in the hands of the search engine sites and outside of our scope.
c. For good search engine ranking, you will need to carry out additional marketing strategies to build up a number external links to your site. Generally, the more external links you have to your site, the better your search engine ranking will be.
d. As a consequence to some of the above, we cannot guarantee the results of SEO.
18. Browser Compatibility
b. Depending on the content, earlier browsers may not display the site was well as the newer browsers.
c. If requested, basic webpages can be made to suit the earlier browsers at an additional cost. However some features and functionality will be reduced.
19. Content Management System (CMS) Upgrades
a. Minor upgrades and included security updates will be provided as part of the Service Contract.
b. Major upgrades may require additional cost. Depending on the complexity of the website, these upgrades sometimes requires considerable time to rebuild the website code. Major upgrades to the CMS are not normally warranted within 3 years.
20. Hardware Warranty and Replacement
a. Hardware purchased through BottomUp Webs is covered by the equipment manufacturers warranty. The warranty will vary depending on the manufacture, if it has not been quoted, please ask for clarity prior to purchase.
b. The customer will be required to present the purchase receipt to make a warranty claim.
c. For customers on the budget service or less, the customer will need to make the claim directly with the equipment manufacturer.
d. For customers on the business service plans, Bottomup Webs will make the claim to the equipment manufacturer on the customers behalf.
21. Refunds and Return Postage
a. There are no refunds for services rendered or open goods.
b. If applicable, return postage is at the customers expense.
a. Prices quoted are in Australian Dollars and, unless otherwise noted, are exclusive of GST.