Web Packages Terms & Conditions
This Agreement is between Webcity Australia Pty Ltd and Customer ordering one of our Web packages
Webcity refers to Webcity Australia Pty Ltd. The term Webcity incorporates its officers, directors, employees and contractors.
Project refers to design deliverables developed and development service provided by Webcity according to the Webcity design and package specifications. Website, project and service are used interchangeably.
By purchasing a Webcommerce package, the Client authorises Webcity Australia Pty Ltd to:
• Debit Client’s allocated credit card (if selected as method of payment) for the total design+setup & annual hosting fee.
For security reasons, a fax confirmation will be required before we validate the payment by credit card
• Design & host the chosen package as specified by Webcity,
• Register in Client’s name the chosen domain name included in the package.
2.1. Project Commencing Date - Webcity considers your Web project as active on receipt of the Webcity Australia Pty Ltd Questionnaire. Your allocated web designer will email you a link to the online Design Questionnaire after your payment has been processed and all funds cleared.
2.2. Project Delivery - The Client will have the Cubecart software installed on their account within 1 working week of completing the questionnaire, unless otherwise indicated. The website will be developed & published to the Client's allocated domain name and hosting account. Webcity strives to deliver completed packages within 2 weeks, however this time period exists only as a guideline. Once the project has been published designating the end of the design project, It is the Client's sole responsibility to finalise content for the website.
2.3. Design changes - Webcity can accept minor content changes to the site's content before it is published. Minor content changes will not include template changes, page reconstruction & logo re-design or any other major website features.
2.4. Support - Some of our design packages include 'design support'. This includes email support with using the Cubecart software as well as general content management. After this period expires, customers will need to maintain their web site without any further input from Webcity staff. Customers will only continue to be entitled to regular technical support, i.e. related specifically to the hosting service we provide, no further support will be provided in relation to the use of the web site or any software installed in your hosting account. Webcity support is available at 1300 65 55 90 or online.
2.5. Compatibility - Webcity warrants that the website we design will work in: Microsoft® Internet Explorer 8 and later, and Firefox 10 and later. While Webcity will make reasonable efforts to design a cross-platform compatible website, compatibility with other browsers is not guaranteed.
2.6. Ownership - Unless advised otherwise, the person or legal entity who purchased the design package is the exclusive owner of the website (design, code, content and domain name).
2.7. Portability - The Website will be installed on the Webcity hosting account included in the relevant package. Once the website is delivered, the Client is free to move his/her website to another hosting account. However, the Client must be aware that some of the provided update software are exclusive to Webcity. Client accepts full responsibility and absolves Webcity from any responsibility for the project if it is moved. Note Hosting fees are non refundable.
2.7. Responsibility - Once the website has been installed, the terms and conditions applicable to all Webcity hosting users apply (Please click here to read details). Webcity is not responsible for the content published on the website or any technical issues that may result from updates and maintenance attempts performed by the website owner or any other party.
Payments must be made in advance through the Webcity website. Webcity Australia Pty Ltd only accepts payments by money order, cheque, MasterCard & Visa. All payments are non-refundable once the design work has begun.
4. Site Maintenance
All design packages are provided and designed on the basis that the Client maintains the website without professional help. Webcity is not responsible for the creation of (unless specified in the design proposition) or maintenance of content of the project. Webcity will not perform maintenance to any package after the package has been delivered. If the Client requests maintenance or extra design work, fees will apply subject to acceptance.
5. Copyrights and Trademarks
Webcity is not responsible for the images and content published on the designed websites. It is the Client's responsibility to make sure that all images, fonts and content published on their website conform to the Copyright Act 1968 . If any of the images and content are not lawfully owned or licensed by the website owner, explicit permission to use them must be obtained by the Client.
6. This Agreement
This agreement constitutes the sole agreement between Webcity and the Client regarding the project. Any additional work not specified in the design specification or any other amendment or modification to the package must be authorised by a written request signed by both Client and Webcity. Unless otherwise stated all prices specified are quoted in Australian Dollars including GST.
7. Legal Notice
Notwithstanding anything to the contrary contained in this contract, neither Webcity nor any of its employees warrant that the functions contained in the service will be error-free. The entire risk as to the quality and performance of the service is with the Client. The Client agrees to defend, indemnify and hold Webcity harmless from any and all liability, proceedings, actions, loss, damages or claims or other events, which may arise from the service and that such indemnity survives termination of this contract. In the event of an act of major catastrophe such as terrorism, earthquake, riot, civil disorder, flood, fire, storm or other major disaster Webcity reserves the right to suspend all its obligations under this contract or void the contract at its option. In any event the Client fully agrees that Webcity’s maximum liability will be limited to the fees actually paid by the Client to Webcity less any reasonable costs incurred to date.
This contract is governed by the laws in force in the state of New South Wales in the Commonwealth of Australia.
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