SiteFresh Web Design Services Terms
By agreeing to proceed with a website design package or project, you accept that this forms a contract with SiteFresh Web Design (reg) and the following terms and conditions. These terms and conditions should be read in conjunction with any quotation or invoice you have received from SiteFresh Web Design (reg)
When we say "We" "SiteFresh Web Design" "SiteFresh", "us", "our" and "our service" we are referring to SiteFresh Web Design and its respective products, services and advice and our agents. References to "you" "your" "customer" "client" and the like, refer to you, and your agents.
CONTENT. TRADEMARKS, IMAGES, ECOMMERCE
SiteFresh Web Design reserves the right to refuse to design or continue to have hosted on its provider of choice, any website which it believes, in its sole discretion:
- offers for sale goods or services, or uses or displays materials, that are illegal, obscene, vulgar, offensive, dangerous, or are otherwise inappropriate;
- has become the subject of a government complaint or investigation; or
- has violated or threatens to violate the letter or spirit of these terms and conditions.
You represent and warrant that you will not engage in any activities:
- that constitute or encourage a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or the violation of export control or obscenity laws;
- that defame, impersonate or invade the privacy of any third party or entity;
- that infringe the rights of any third party, including but not limited to the intellectual property, business, contractual, or fiduciary rights of others; and,
- that are in any way connected with the transmission of "junk mail" "spam" or the unsolicited mass distribution of e-mail, or with any unethical marketing practices.
You are responsible for all goods and services offered at your website, all materials used or displayed at the site, and all acts or omissions that occur at the website or in connection with your account or password.
You represent and warrant that you have full power and authority under all relevant laws and regulations:
- to offer and sell the goods and services offered at the website, including but not limited to holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of the goods or services offered;
- to copy and display the materials used or displayed on the website;
- to use all logos, trademarks, images and text displayed on the website; and
- to provide for credit card payment and delivery of goods or services as specified at the website
You agree to indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
You confirm and warrant that you are the owner of, or duly authorised by the owner to use, any trademark or name requested or allocated as its Domain Name. You further warrant that neither your, nor our use or registration of your Domain Name constitutes infringement of any other entity’s Intellectual Property Rights.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify SiteFresh Web Design (reg) from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
SiteFresh Web Design (reg) will not be liable or become involved in any disputes between you and your clients/customers and cannot be held responsible for any wrongdoing on your part.
MAINTAINING WEBSITE CONTENT BACKUPS
The hosting provider will create backups of your content on a daily basis, however we absolutely recommend you maintain up to date copies of all the text, images and content on your website in an external location, such as a flash drive. Your use of the hosting providers service is at your sole risk. SiteFresh Web Design is not responsible for files and/or data residing on your account once your project is complete. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data.
FEES & TIMEFRAMES
A 50% deposit of the total fee payable as provided in your invoice is due immediately upon you instructing us to proceed with the website design after viewing your free trial. The remaining 50% shall become due when the work is completed to your satisfaction.
We reserve the right not to commence any work until the deposit has been paid in full. The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make significant changes to the original design specification.
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content provided by you for your website. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of third party software, stock photographs outside of those included in the website design fee, fonts, domain name registration or comparable expenses.
On completion of the work you will be notified and have the opportunity to review it. You must notify us of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party, unless directed to by law.
By accepting the terms and conditions below, you (a) represent and warrant that you are 18 years old or older; (b) agree to provide true, accurate, current and complete information about yourself and your website as prompted by the Free Trial Registration Form and Activation Form; and (c) agree to maintain and update this information to keep it true, accurate, current and complete.
By accepting the design services offered through SiteFresh Web Design (reg), your website will be accessible for editing via the preferred hosting provider. Your monthly plan fee ($29.95 per month for websites, and $59.95 per month for e-Commerce sites) includes access to the Website Building Content Management System and its features, email support, and the hosting of your chosen domain.
Both during your trial, and throughout your hosting plan, SiteFresh Web Design will access your website via the hosting platforms Content Management System only when requested by you. Please feel free to change your passwords as set by SiteFresh Web Design at any time, if you are more comfortable doing so.
The preferred hosting provider reserves the right to limit the disk space, pages, and bandwidth used by the website. The service provided is a shared service designed to serve the web hosting needs of small to medium, independently owned and operated businesses. It is not appropriate to use these services to support large enterprises or businesses with sustained demand that places undue burden on the systems or negatively impacts use by other customers.
By using current versions of well supported systems, the preferred hosting provider endeavours to ensure that the web sites are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers.
While every effort is made by the preferred hosting provider to ensure seamless, excellent service provision within the Content Management System, there may be unforseen technical issues causing downtime of your website on occasion and other circumstances affecting the continued operation of the platform host and its systems.
The preferred hosting provider hereby grants you a non-exclusive, non-transferable license to use the Content Management System software in object code form only on a server controlled by the preferred hosting provider for the sole purpose of creating and maintaining sites on such server. You are not being granted any right to copy the Content Management System software or to use it on computers other than a server controlled by the preferred hosting provider. The preferred hosting provider reserves the right at any time to revise and modify the Content Management System software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the software, without notice to you. If any revision or modification to the software materially changes your ability to conduct business, your sole remedy is to terminate your website.
USE OF THIS SYSTEM DOES NOT EXPRESS OR IMPLY ANY WARRANTY THAT THE PREFERRED HOSTING SYSTEM AND IT'S CONTENT MANAGEMENT SOFTWARE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR FREE SERVICE. THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND YOU MUST DETERMINE THAT THE SOFTWARE ADEQUATELY MEETS YOUR REQUIREMENTS.
You agree to defend, indemnify, save and hold SiteFresh Web Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against SiteFresh Web Design, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns. You agree to defend, indemnify and hold harmless SiteFresh Web Design against liabilities arising out the service or advice provided by SiteFresh Web Design.
SiteFresh Web Design (reg) provides its services on an "as is" and "as available" basis, without any warranties or guarantees of any kind, either expressed or implied, and shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits, goodwill, reputation or data, loss of use, interruption of business, or for any indirect, special, incedental or consequential damages that arise in any way from the client's use of, or inability to use, the services, or that arise out of or relate to the materials or services provided by SiteFresh Web Design (reg) and its associated hosting platforms and software of choice, parents, subsidiaries, affiliates, officers, directors, shareholders, eployees and agents.
The preferred hosting provider ensures to the best of their ability that the platform used to host websites and its servers are protected from online and offline problems, including viruses, downtime and insolvency or closure of host, however SiteFresh Web Design will not be held liable for any disruption of services if such situation arises.
If any part of these terms is read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any part of these terms is illegal, unenforceable or invalid, that part is to be treated as removed from this document, but the rest of this document is not affected.
This website is governed by the laws of the state of Queensland, Australia. Any dispute arising from the use of this website will be settled in this jurisdiction.
Thankyou for taking the time to read through the Terms of Service, and we look forward to working with you!
We sincerely value your personal privacy, and as such, guarantee that your personal information, and that which pertains to your website, which you may provide to us when completing forms on this website or in your emails to us during your web design process, including but not limited to your name, age, address, email, and payment information, will be maintained securely at all times.
We collect and maintain information only where it directly pertains to the work we are engaged in for you, and we may on occassion use your email address to send you periodic emails - but you are free to unsubscribe should you wish.
We store all personal information securely and at no time will any of your information be sold, exchanged or given to any other party for any reason, unless enforced by the law.
Should you wish to have access to your personal information, or have it updated, please simply contact us for this to be actioned.