Client Project Work And Payment Terms:
- The contract between Webexpress Online and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing by both parties.
- The works to be carried out shall be as set out in the Webexpress Online confirmation order email.
- Email will be the method of contact with regard to all communication for the website design & development. It is the Client's responsibility to inform us of any change in email address, so we always have up to date email contact details. Webexpress Online cannot be held liable in any way relating to communication issues if we are not supplied a valid email address. Webexpress Online will acknowledge all emails within 3 working days. Our telephone support line is for website support issues only.
If a customer's conduct via telephone is considered unreasonable, we will insist on email communication only. Webexpress Online reserves the right to cancel a contract should customer contact be in breach of our anti-harassment policy (*). Calls made to our office may be monitored and recorded.
- Webexpress Online will only commence work on a Project after receipt of a non refundable, 50% deposit of the quoted Project fee from the Client. Webexpress Online will also require 25% payment upon overall approval of the home page design. The final 25% payment is to be made on completion of the website. The website will be switched to Go Live mode once the Clients remaining balance is paid in full.
- The deposit paid to Webexpress Online covers the cost of design work carried out as well as any admin work and communication with Webexpress Online. The deposit is non refundable.
- The three design revisions for Home page template offered by Webexpress Online end when the client makes the second payment of 25%, after the 50% deposit. Design changes beyond this point are subject to additional charges.
- Webexpress Online shall place a small text link on the footer of a Clients website that simply states the website was designed by Webexpress Online and links to our company website.
- Webexpress Online shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.
- It is important for the Client to keep in contact with Webexpress Online throughout the entire Project. If a Client does not make contact for 2 weeks, we will make up to 5 attempts to contact the client by email using the email address specified when the client places their order. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded. We will levy a $50 admin charge, if the client later returns and wishes to continue work on their project.
- Where images used on the website have been purchased by Webexpress Online on behalf of the Client, these images are strictly for use on the website only. Webexpress Online are not liable for misuse of these images by the Client or any other person's copying, altering or distributing the images to individuals or other organizations.
- Webexpress Online will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, Webexpress Online will endeavor to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.
- All standard hosting offered by Webexpress Online is limited to 500mb of website space unless otherwise stated in a separate contract. If your site requires more than 500mb of space, we will advise of other hosting solutions and then cease hosting the site.
- Webexpress Online cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by Webexpress Online.
- Where asked to provide search engine optimization for a Client, Webexpress Online do not guarantee any specific placement or high ranking on search engines.
- Webexpress Online do not take any responsibility for a clients website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client's website, there could be a change in the websites search engine ranking.
- Webexpressonline strongly recommends clients to do their own testings relating to CMS and Ecommerce functionalities to make sure they are functioning as required and advise webexpressonline within one week from going live if any errors found. After this time additional charges will apply to fix any issues raised by the client.
- Webexpressonilne will not take any responsibility in problems arising from client hosting server for any errors within the website when live.
- Webexpress Online will provide the Client with an expected completion date for the Project (live on the internet) if requested. Webexpress Online will endeavor to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Webexpress Online is purely an estimate.
- Webexpress Online own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website. Images will have been purchased by Webexpress Online for the Client, unless the images have been supplied by the Client. Images purchased by Webexpress Online are licensed only for use on the client website and are limited to no more than 15 images dependent on the size of the project. Item 19 is subject to item 18.
- All images displayed on the Client's website will only be used after authorization by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or Webexpress Online, they will be the sole responsibility of the Client. This clause excludes images which are provided by Webexpress Online.
Domain And Hosting:
- If a Domain name is purchased by the Client through a company other than Webexpress Online, the Client has full responsibility in making sure that the domain name is renewed when due. Webexpress Online will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than Webexpress Online.
- Domain names will be registered by Webexpress Online if not already registered and also registered to the Webexpress Online current address. Although the domain names are registered to Webexpress Online, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Webexpress Online will do this within a reasonable timeframe.
- A domain name will be registered by Webexpress Online on behalf of the client once we have received the 50% deposit, 25% design payment, 25% final payment and a completed creative brief.
- It is the responsibility of the Client to renew their domain names when due. If a domain name expires, Webexpress Online cannot be held liable for this. However, Webexpress Online will make reasonable effort to contact the Client regarding domain renewal.
- When a Client renews Hosting with Webexpress Online, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and Webexpress Online cannot be held liable for this.
- Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the website was made live. The Hosting will not be renewed if Webexpress Online cannot contact the Client or the Client requests for Webexpress Online to not host this site. This will also affect the domain as per item 23.
- The Hosting renewal charge must be received within 10 days of the Hosting expiry date. Webexpress Online reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by Webexpress Online for reactivating the website/Hosting.
- If the Client does not use Webexpress Online Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
- Should a Client wish to move Hosting away from Webexpress Online or transfer a Domain name away from Webexpress Online, a $50 admin charge will be issued, which must be paid before the transfer takes place.
Client Content And Images
- Webexpress Online has no control of, or responsibility for, the content of Clients' websites. In no way does the textual or image based Content of our Client's web sites constitute Webexpress Online endorsement, or approval of the website or the material contained within the website. Webexpress Online has not verified any of the materials, images or information contained within our Client's web sites and is not responsible for the content or performance of these sites or for the Client's transactions with them. Webexpress Online provides links or references to our Client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
- Webexpress Online will take payments only via PayPal which is a secured gateway of payment. No refund policy at any stage from start to end of the project for change of mind or any other valid reason.
Security of the Website:
- Users of our website should be aware that the worldwide web is an insecure public network that gives rise to a potential risk that a user's transactions are being viewed, intercepted or modified by third parties or that files which the user downloads may contain computer viruses or other defects. We and any parties associated with us accept no liability for any interference with or damage to a user's computer system, software or data occurring in connection with this website. Users are encouraged to take appropriate and adequate precautions to ensure that whatever is selected from this website is free of viruses or other contamination that may interfere with or damage the user's computer system, software or data.
- Webexpress Online is not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client's website. The Client is solely responsible for any information or files relating to its website.
- Webexpress Online makes no claims that the contents of this website may be lawfully viewed or downloaded outside Australia. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the Australia, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor's jurisdiction. The terms and conditions of this website are governed by the laws of Australia. Jurisdiction for any claims arising in respect of this website's Content shall lie exclusively with the courts of Australia. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
- The quotes provided by Webexpress Online is excluding GST which will be added in the invoice for Australian customers
(*) Webexpress Online will not tolerate any form of harassment against its employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behavior and abuse directed towards our employees thereafter any further communication must be via postal mail only.