TERMS & CONDITIONS

Terms & Conditions – Webositez

By placing an order with Webositez , you confirm that you are in agreement with and bound by the terms and conditions below.

1. Definitions:

1.1 The Client: The company or individual requesting the services of Webositez .
Sims Designs: Primary designer/site owner & employees or affiliates.

2. General

2.1 Webositez will carry out work only where an agreement is provided either by email, telephone, mail or fax. Webositez will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Webositez and the client, this includes telephone and email agreements.

3. Website Design

3.1 Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Webositez cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
3.2 The website, graphics and any programming code remain the property of Webositez until all outstanding accounts are paid in full.
3.3 Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Webositez remain the copyright of Webositez and may only be commercially reproduced or resold with the permission of Webositez .
3.4 Webositez cannot take responsibility for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
3.5 Any coding additions to website briefs provided will be carried out at the discretion of Webositez and may carry an additional cost. Where no charge is made byWebositez for such additions, Webositez accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
3.6 The client agrees to make available as soon as is reasonably possible to Webositez all materials required to complete the site to the agreed standard and within the set deadline.
3.7 Webositez will not be liable for costs incurred, compensation or loss of earnings due to the clients failure to meet agreed deadlines.
3.8 Webositez will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
3.9 Webositez will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
3.10 Webositez will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
3.11 In no event shall Webositez be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.
3.12 In the absence of any negligence or other breach of duty by us, your use of our client website’s is entirely at your own risk.
3.13 We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.
3.14 A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out, unless agreed otherwise with Reynolds Digital.
3.15 Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms.
3.16 There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.

4. Database, Application and E-Commerce Development

4.1 Webositez cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
4.2 Any scripts, applications or software (unless specifically agreed) written by Webositez remain the copyright of Webositez and may only be commercially reproduced or resold with the permission of Webositez .
4.3 Where applications or sites are developed on servers not recommended by Webositez , the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients’ responsibility to provide a suitable testing environment that is identical to the final production environment.
4.4 The client is expected to test fully any application or programming relating to a site developed by Webositez before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Webositez will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

5. Compatibility

5.1 Webositez will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer and to an acceptable level with Mozilla browsers, such as Firefox. Webositez can offer no guarantees of correct function with all browser software as they constantly change.

6. Website Hosting

6.1 Whilst Webositez recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Webositez cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
6.2 Webositez reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any web hosting service we provide for clients should the necessity arise.

7. Website Optimisation

7.1 Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimising websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
7.2 We use ‘white hat techniques’ when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.
7.3 Webositez ,reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

8. Payment of Accounts:

8.1 A deposit is required from any new client before any work is carried out. It is the Webositez policy that any outstanding accounts for work carried out by Webositez or its affiliates are required to be paid in full, no later than 7 days from the date of the invoice unless by prior arrangement with Webositez .
8.2 Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
8.3 If accounts are not settled orWebositez have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgments (ccj’s) being added to the clients credit rating.

9. Formal complaints procedure:

9.1 The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to Webositez , who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
9.2 An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

Refunds:

Refunds shall only be provided for your project within 24 hours of payment of your deposit on the condition that you have not returned any of the required information to Webositez and on the condition that Webositez has not commenced any work on your project.

Web Design/ Hosting/ Domain Names :

We reserve the right to terminate any account (without refund or any financial responsibility to the client) found to be in violation of any item in this policy. We reserve the right to withhold any payment made prior to termination of a site. We reserve the right to refuse, cancel or suspend services at our discretion. We reserve the right to revise these policies when it deems appropriate. Non-enforcement of the policies does not constitute our consent. All abuses and/or violations of the policies will be investigated promptly upon our advisement of such..

Refund Policy related to Domain and Hosting:

Refund in First 30 Days If you are not completely satisfied with our Web hosting services, and you notify Webositez in writing or by email within the first 30 days of your contract that you wish to cancel, you will be given a full refund of the contract amount. It can take up to 30 days after cancellation of your contract to receive your refund. If you have not received your refund after 30 days, please send an e-mail to Webositez .
This policy does not apply to any additional services such as, but not limited to, overages, disk space, e-mail accounts, domain name registration, and Web design services.

Refund Policy for Renewals:

Charges for the renewal of Web hosting contracts will be refunded if written notification (either via e-mail message or fax transmission) is received no later than the seventh day following the renewal date. This seven day grace period applies to all Webositez Web hosting plans. Note that refunds will not be granted if your written notification is received after the grace period.
Your e-mail notification to us must be sent from the contact e-mail address that we have on file for your account. Likewise, if you fax your notification to us, your fax must be on letterhead.

Refund Policy for Domain Registration:

If domain name registration is associated with the account, upon the cancellation of the Web hosting product, the account will be downgraded to Domain Name Registration Only.
Domain name registration fees are not refundable.

Requests to Cancel After Renewal Date:

You must notify Webositez before or within seven days of the Renewal Date on your contract if you wish to cancel an account. Webositez does not offer prorated refunds for cancellation requests submitted after seven days of the renewal date.
Your e-mail notification to us must be sent from the contact e-mail address that we have on file for your account. Likewise, if you fax your notification to us, your fax must be on letterhead.

Our Offices:

Melbourne

4 Lexington Cres,

Officer, Near Melbourne Metro,

South East VIC 3809

Gold Coast

Billinghurst Cres Upper Coomera,

Gold Coast QLD 4209

Manchester

731 Stockport Rd, Manchester

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