Please read through our Terms and Conditions.
We ask that you do not use our website or service until you have familiarised yourself with them. If you are using or have used our service it is understood that you have agreed to the terms set in this page. When we say either "We", "Bairnsdale Web Design", "BWD", "us", "our" and "our service" we are referring to Bairnsdale Web Design and our products and services. References to "you" "your" "customer" "client" and similar refer to you, and your agents. These Terms and Conditions can change at any time. It is important that you check back here regularly. Your continued use of this website implies acceptance of any subsequent revisions.
Our liability is limited to the amount paid by the customer to us for work undertaken.
Project Terms
Payment
Payment for our website projects is made as below:
- Payment is required in full for domain name registration and/or hosting supplied as part of the project.
- Stage payments are only required if it is deemed by BWD that the client is holding back on the completion of the site. Should this be the case, a payment of 50% of agreed project cost is required before the site is completed.
- On completion of the website, the client is required to accept the finalisation of the project. Once agreed, any outstanding fees are due.
Refund Policy
Refund Policy on Website Projects paid in total before commencement
Prior to work commencing:
No refund is possible once domain name registration and hosting is set up for you. They are both in your name, so you have full ownership during the peiod of registration and hosting services.
Once work has commenced:
Once we have commenced work on your project a partial refund may be available to you. Any request for a refund, or partial refund, must be made in writing. Your refund will be calculated by deducting costs associated with work undertaken by The Web Showroom (charged at our current hourly rate) and/or expenses incurred by The Web Showroom relating to your project up to the date of cancellation. We will provide you with a ledger of work completed, and/or expenses incurred, to justify the refund (if applicable) you will be paid.
Work undertaken on your project may include, but is not limited to; contact between yourself and an Account Manager and/or website designer from The Web Showroom, the commencement of wireframes/prototypes by The Web Showroom for your project, the development of a design concept(s) by The Web Showroom for your project, the sourcing of imagery for your project, time spent on strategy for your website, internal discussions by our staff relating to your project, the allocation of future staffing resources in response to your project sign-off and any time spent building and/or coding your website. Expenses incurred may include the purchase of stock imagery, the purchase of third party technology products and/or services for your project as well as other, reasonably incurred expenses in building your website.
Following site delivery:
Following design approval we will supply you with your website on a temporary domain name, along with login details to Mission Control (provided we have received payment for Stage Two). At this stage, your website will contain the content you have supplied to us up to the point of design approval, should we not have received content from you, dummy content will be entered onto your website. If you have not provided content to us prior to Site Delivery, this is not cause for delay on the Stage Three payment owing. The Stage Three, and final website charge of 25% is taken 5 business days after we have sent the details of the temporary domain name. If you elect to withdraw from your website project at this point, no refund will be made available to you. The Stage 3 payment can only be delayed if there are material defects in the site we provide to you, to what we have promised during the proposal, of what you have provided to us to be included in the website, wireframe and/or website design stages. Should such a defect occur, we have the right to take the Stage Three payments once the defect has been rectified.
Suspending your account
During your website build we reserve the right to suspend your account if we do not receive approval and/or feedback within 6 months from the date that we last supplied work to you. In order to re-open your project with The Web Showroom we will charge you $2000 + GST to reschedule resources for your project. If your project remains suspended for three or more months, we then reserve the right to permanently close your project. At the time of closure your project will be closed completely, all money paid to us will be forfeited in its entirety and The Web Showroom will owe you no further obligation in terms of completing your website project. This term relates to projects at any stage of build; deposit, prototype/wireframe, design delivered and site delivered.
The images on your websites
If we use stock imagery on your website you do not own these images, ownership is retained by the image rights owner. Such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your website by us. Any editing of the dimensions in which they appear may contravene their usage rights. Do not copy the images and use them in other promotional materials. If you are looking to own the images on your website or use them for another purpose then please contact us and we will endeavor to put you in contact with the image rights owner. This of course, does not apply to images that you own and provide to us for use on your website.
Your intellectual property and our intellectual property
In paying in whole for a website project with us you own the style, design and graphic design of the website. You also own all of the content that you place onto your website. The content, style and design on your website will be made available to you if you elect to leave us..
Website content
Websites from Bairnsdale Web Design can not be used to disseminate, communicate, store or transmit:
- content sexually-explicit in nature;
- information that contains virus', worms or malicious elements;
- Copyright infringing data;
- trade secret protected data;
- data that infringes on any intellectual property, publicity rights or privacy rights;
- is defamatory, harassing or threatening;
- relates to illegal business operations or schemes;
- contains deliberately misleading, incomplete or deceptive content; or
- is deemed inappropriate by The Web Showroom
Pricing
Bairnsdale Web Design has the right to alter pricing at any time. Before doing so, notice will be given to you. Your continued use of our services implies an acceptance of the new pricing.
Promotional material
Bairnsdale Web Design reserves the right to use client websites, web designs, layouts, prototypes, wireframes and collateral in advertising and / or marketing initiatives. This may include portfolio examples on our website, case studies and other promotional initiatives.
Support rates
BWD provides an email support service and an online help desk. We are available 7 days per week, from 10am - 10pm, subject to change.
Included in your annual hosting/web design fee:
- Fixing of bug/issues as a result of BWD workmanship
- Small changes to content may be fixed free of charge but subject to our discretion
- Responses and assistance of a general nature
The following attracts an hourly support fee of between $80 in 30 minute increments
- Face to face support
- Content changes over and above minor changes
- Designer time / design changes at stadard rate
- Training in CMS desing, management, support or troubleshooting
- All application training and support (i.e. Photoshop, flash etc)
- All customer computer hardware issues that we can help with, this is outside of our expertise so is not a guaranteed service
- Time spent investigating a reported issue for which BWD is not responsible
Payment of all support tasks or additional work outside of your original project fee will be payable as soon as the task is completed.
Please note: Changes to website design, updates to software and software licences once the final payment has been received may be chargeable, at our discretion
Non Payment of fees
If task fees become overdue by more than 30 days we reserve the right to put your website account on hold until all outstanding fees are collected. This will include any email addresses we provide.
If task fees become overdue by more than 90 days we will send your account to a debt collection agency. You will then be liable for any fees incurred in the recouping of the fees charged by the agency.
Site launch
- We make every effort to launch your site onto your domain name on the date you request when approving your website but we do not offer a guarantee. If we are not able to launch on the day requested we will inform you prior to the date and arrange an alternative launch date.
Your privacy
Your privacy is important to us. We dislike SPAM as well. We will never sell, lease or distribute your contact details to any 3rd party. We will only reveal data pertaining to your account if compelled to do so by law.
Fair use policy
We employ a fair use policy to our websites. If we believe, for any reason, that you are not behaving in a manner expected of a BWD customer then we reserve the right to terminate your account - effective immediately.
Accessibility
We make efforts to ensure that our website and all of our services are online 24x7 every day of the year. However, this will not always be the case. There are times when our website will be down, sometimes for things that we can't control and others that we can. When our service is offline we will do our best to get it online as soon as possible. We will not be held responsible for damage, events or losses directly or indirectly related to our website being offline. If you have specific hosting needs, or expect a large volume of users to visit your website in a short space of time, e.g. viral marketing campaigns, mass media exposure etc then please contact us well in advance.
Service Level Agreement
We endeavor to provide at least 99.9% up time on all of our hosting.
Hosting
Your website must be hosted on our servers for the duration of your contact with us. Given the nature of our Content Management System (CMS) we cannot build or support your website unless it is hosted by us.
Liability
We will not be held liable for any action or inaction relating to our service. We offer a quality service at highly competitive rates. We believe that our system is highly secure from the actions of hackers, viruses and other problems on the internet but can make no guarantees. It is up to you to back-up and ensure the integrity of your data offline. If your website is offline then please contact us and we will try to fix the problem as soon as possible. We will not be liable for loss of sales, leads or reputation from using our service.
Dispute resolution
The parties will, in good faith, attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by negotiation. Either party may initiate negotiations by providing written notice in letter-form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within five days with a statement of its position on, and recommended solution to, the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet at a mutually agreeable time and place within ten days of the date of the initial notice in order to exchange relevant information and perspectives, and attempt to resolve the dispute. If the dispute is not resolved by these negotiations, the matter shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.
If the dispute or difference is not settled within 30 days of the submission to mediation and provided such period is not extended by consent of the parties, it shall be and is hereby submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitration.
Notwithstanding the existence of a dispute or difference each party shall continue to perform the Agreement. This clause shall survive termination of this Agreement.
Jurisdiction
This website is governed by the laws of the state of Victoria, Australia. Any dispute arising from the use of this website will be settled in this jurisdiction.
