Throughout this Terms & Conditions Agreement the following refers to: “We or Our” – Refers to A-Z Web & Design Services and its contractors/ suppliers | “You”, Client & Customer refers to the business/party who contracts A-Z Web & Design Services

 

Payment

Our preferred method of payment is via Direct Deposit. Credit card payments or international payments can be made through Paypal or Stripe Payment Gateways. You do not need to have a PayPal account to pay by credit card.

 

  • All jobs under $800 require upfront payment.
  • All jobs over $800 require 50% deposit (unless confirmed otherwise). We must receive the first deposit prior to any work beginning.

Due to the nature of the services, We will not issue refunds for any reason.  If at anytime you are unhappy with our services and do not wish to continue please let us know. You will be required to pay for all services completed to that date.

 

Where a credit card number is recorded on file and the default payment of the Customers Service(s) is credit card, this may be used for the automated payment of due invoices. In such cases, payments will typically be taken on the anniversary of billing period unless otherwise stated.

 

We will charge “payment plan installation” amount to customers credit cards via the Stripe Payment Gateway, on the agreed upon date of payment.

 

All request for support, maintenance will be invoiced to customer, with amounts payable within 7 days. We provides 3 levels of maintenance/ support packages if maintenance is of regular nature.

 

 

SUPPLY OF MATERIALS

All clients must fill out a New Project Client Brief. The answers and examples provided act as a design compass to determine style, colours and preferences. Please fill this out thoroughly and thoughtfully. Failure to do so will make your project design guesswork.

 

You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications.

 

You must indemnify us and hold us harmless from any claims or legal actions related to the content and or copyright of your website. Where you fail to supply materials or delay, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already complete

 

VARIATIONS/ CHANGES & COMMUNICATION

Design progress requires client acceptance and communication at frequent intervals. If the client fails to respond in a reasonable time frame to requests for general feedback and design dialogue, that project may be delayed until a time when regular communication is possible. Consultation, training and orientation generally take place via Skype.

 

Website Designs are done on a unique preview site, and client approval of the final design is given before the site goes live. Changes made after this point will be charged the regular hourly rate of $65 p/hr

 

 

CONSEQUENTIAL LOSS

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

 

 

BACKUPS

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

 

 

WEBSITE SUCCESS

We does not guarantee sales or success of websites or blogs. Clients are responsible for sales, promotion and income, and We are not liable for business or personal blog success.

We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice. If you wish to go above the basic SEO, we work with several Search Engine Marketing companies, that have competitive packages available.

 

 

HOSTING, DOMAIN & SERVICES – TERMS of SERVICE

A-Z Web & Design Services does not offer a in house hosting service at present. Although we are more than happy to organise hosting and domain services for you through a hosting company. We use and recommend Zuver Hosting or Ventra IP Hosting.

A-Z Web & Design Services can organise hosting for your website through these services and you the client will be bound by the hosting companies Terms and Conditions.

 

 

Limitation of Liability

A-Z Web & Design Services shall not be liable to the Customer for harm caused by or related to Customer’s Service or inability to utilise the Service unless caused by gross negligence or wilful misconduct.

Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known.

Notwithstanding anything else in this agreement, the maximum aggregate liability of A-Z Web & Design Services, any of its employees, agents or affiliates, under any theory of law shall not exceed a payment in excess of the amount paid by the Customer for the Service in question for the six months prior to the occurrence of the event(s) giving rise to the claim.

 

 

 Customer General Warranties and Undertakings

The Customer warrants that they will keep any passwords or sensitive information used with the Service in a secure location and the information is not to be shared with any other party.

The Customer warrants that at the time of entering into this agreement they are not relying on any representation made by A-Z Web & Design Services which has not been expressly stated in this agreement, or on any descriptions or specifications contained in any other document produced by A-Z Web & Design Services.

A-Z Web & Design Services DOES NOT warrant that:

  1. The Services provided within this agreement will be uninterrupted or error free;
  2. The Services will meet your requirements, other than as expressly set out in this agreement;
  3. The Services will not be subjected to external hacking attempts, viruses, worms, denial of service attacks, or other persons gaining unauthorised access to the Service or internal A-Z Web & Design Services systems.

A-Z Web & Design Services does not make or give any express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement.

No oral or written information or advice given by A-Z Web & Design Services or its resellers, agents, representatives or employees, to the Customer, shall create a warranty or in any way increase the scope of the express warranties hereby given, and the Customer should not rely on any such information or advice.

IN NO EVENT WILL A-Z WEB & DESIGN SERVICES BE LIABLE TO THE CUSTOMER FOR ANY LOSS OF BUSINESS, CONTRACTS, PROFITS OR ANTICIPATED SAVINGS OR FOR ANY OTHER INDIRECT OR CONSEQUENTIAL OR ECONOMIC LOSS WHATSOEVER.

 

 

Fees and Credit Management

Any fees paid for the setup or establishment of any Services will be automatically deemed as non-refundable.

Failure to pay any fees may result in the account being referred to an external collection agency, which may include interest (calculated daily) and collection costs.

Invoices which are more than fourteen (14) days past their due date will automatically attract an overdue fee of $15.00 which will be payable on top of the invoice amount.

Services with unpaid invoices that are more than thirty (30) days past the due date be may be suspended, and a reconnection fee of $10.00 in additional to any outstanding fees may apply to have the service restored.

Fees will be charged for items out of scope, training sessions outside of your 2 hour complimentary online session.
Fees at current are:
Training Session ~ Face to Face $50p/h
Training Session ~ Online/Skype $50p/h
Travel ~ $25 p/hr of driving over 30km from A-Z Web & Design Services Base (Memerambi)
Items out of scope will be quoted as per our standard hourly rate.

 

 

Entire Agreement

These terms and conditions constitute the entire agreement between A-Z Web & Design Services and the Customer, and it supersedes all prior oral or written agreements, understandings and representations.

This Agreement may be changed or altered at any time.

 

 

Governing Law

The Customer agrees to abide by all local, state and federal laws pursuant to the Services delivered by A-Z Web & Design Services.

The Customer agrees that these terms and conditions are governed by the laws of Queensland, Australia, and agrees to the exclusive jurisdiction of the Courts of that state.

 

If you have any questions about this agreement or are a current client and reject to these terms and conditions, please contact our team at

hello@www.azweb.com.au

This document was last updated on 11th October, 2016

For over 8 years we’ve been designing and developing websites all over Australia. Let us create something amazing for you.

Specalizing Responsive Web Design in South East QLD

Phone:  0488 790 551
Email:   hello@azweb.com.au