Terms & Conditions

CLIENT AGREEMENT TO BE BOUND BY TERMS & CONDITIONS OF OUR SERVICES:

[Updated 06/06/2015]

Using Oz Website Designs services and signing up as a Client you, the Client, agrees to be legally bound by these Terms & Conditions.

Please, read our terms carefully. By using Oz Website Design Australia’s products and services you agree to abide by these Terms & Conditions.

DESCRIPTIONS & DEFINITIONS

Oz Website Design Australia:

In these terms and conditions, Oz Website Design Australia, all services related to it, are referred to as “Oz Website Design”, “Oz Website Design Australia”, ozwebsitedesign.com.au, ozwebsitedesign.com.

Client:

“Client” is defined as representing one business (company or entity) or person (sole trader). Client may also be referred to as “himself or herself” or “his or her” or “their” or “site owner” in this document. Client may also be referred to as the staff member, employee, agent or third party on behalf the Client.

Service(s):

Oz website Design Australia provides the client various services including, but not limited to:

• Template Website Design and Development Services
• Ecommerce & Online Shop Development Services
• Custom Website Design and Development Services
• Website Maintenance and Security Services
• Website and Email Hosting Services
• SEO – Search Engine Optimisation Services
• Digital Marketing Services
• Social Media Services
• Logo Design Services

Work Estimates:

An estimate is only an approximation of the hours or fees required to complete or deliver a task or job or project. Any final invoice(s) or fee(s) for the work approved by a Client based on an estimate will usually be close or similar to the estimated figure excluding variations to the project or changes in the scope. However, an estimate is not a fixed price and should not be viewed by a Client as such. An estimate is a guide only to the final price.

CLIENT PORTAL & TICKETING SYSTEM AND RESPONSES

Our Client Portal & Ticketing System:

Oz Website Design Australia provides an online client portal & ticketing system for Clients to use to contact Oz Website Design Australia for an enquiry or work to be completed. Oz Website Design Australia may decide in its sole discretion, to deny a quotation request or support request.

Support request usages & time frames

Though Oz Website Design has set no fixed limit on the amount of online support requests a Client may make annually, each Client’s use is subject to Oz Website Design “fair use” policy. Under this policy, if at any time, in Oz Website Designs sole discretion, the Client’s use exceeds the level of use reasonably expected from someone using the service for business use, then Oz Website Design reserves the right to suspend or terminate the Client’s Client Services. In addition, Oz Website Design Australia reserves the right to suspend or terminate any Client Services of any Client that Oz Website Design Australia manages in its sole discretion, determines are being used (a) fraudulently, or (b) by any person other than Client. The Client also agrees that Oz Website Design Australia needs allocated time frame(s) during business hours to complete tasks & work requested by a Client and unless agreed to by both Oz Website Design Australia & the Client on a “SET” time frame the specified time frames can vary depending on tasks requested & work to be completed.

INVOICES, SUSPENSION AND TERMINATION

Invoices

All pricing is given in Australian Dollars.

Oz Website Design Australia’s invoices are due on the date of issue and are payable upon receipt by the Client unless otherwise agreed to in writing.
Any outstanding invoices for work completed or services provided to the Client by Oz Website Design Australia requires payment in full due on receipt of the invoice unless otherwise agreed to writing between the parties.

Fees Due in Advance for Service(s)

Some services including, but not limited to, hosting and support fees and domain names and search engine opimisation fees are due in advance for the applicable period as noted in the invoice. Such fees and the related invoice must be paid in full prior to the commencement of the applicable service period be that one month or one year or 24 months.

Suspension:

If the client defaults on their payment or otherwise fails to pay their account with Oz Website Design Australia as per the terms under this agreement, Oz Website Design reserves the right to suspend services and to apply administrative fees of $165.00 per hour, plus any other costs that may have been incurred, to reactivate the services.

Refunds on Service(s):

Hosting fees, SEO (Search Engine Optimisation) fees, Domain name fees and all service fees charged, unless otherwise specified, are non-refundable for the term / service / product paid for by the Client.

Termination:

If the client chooses to discontinue the services supplied by Oz Website Design Australia and the Client has paid all monies owed to Oz Website Design Australia we will help & assist the client to transfer their Domain Name or services to another provider/agent if requested to do so by the Client.

THIRD PARTY WORK

The client agrees that in the provision of web design services by Oz Website Design Australia we may utilise the services of third party contractors, and that we may pass on to such contractors any information or materials, including design brief and data, provided to us by you.
In the event any material necessary for the production of the project must be passed on to a third party Oz Website Design Australia will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.

Domain Name(s)

Oz Website Design is not responsible for the client’s choice of  any domain name registration and the legal consequences that the domain name use could occur relating to the Trademark and Competition or the AUDA governing laws.

Hosting

Oz Website Design shall use reasonable endeavours to provide continuing availability of the hosting server and the services by Oz Website Design Australia shall not, in any event, be liable for service interruptions or down time of the server.
Oz Website Design operates and provides hosting servers that are delivered as a managed VPS service which are ordinarily restricted from client access or third party access.

Loss

In no event will Oz Website Design Australia be liable to any party including the client for any indirect, punitive, special, incidental or consequential damage or loss, financial or otherwise, in connection with or arising out of these Terms (including for loss of profits, use, data, or economic advantage), regardless of how it arises. The client will indemnify Oz Website Design Australia from and against any claim by any party claiming any such damage against Oz Website Design Australia.

Limitation of Liability 
Neither party shall be liable to the other party for any loss suffered by the other party whether directly or indirectly as a result of any circumstances beyond the reasonable control of the first party which prevents it from carrying out its obligations under this agreement.

GOVERNING LAW

These terms and conditions and any agreement entered into by Oz Website Design or service provided by Oz Website Australia that arises in a dispute or legal matter shall be governed by and interpreted in accordance with the law for the time being enforced in the State of NSW, Australia, and each party submits to the jurisdiction of the State of NSW, Australia.

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