These Terms and Conditions is agreed upon between The Webnerds under ABN 31 358 846 062 and you (The Customer/User)
In accordance with this Terms & Conditions The Webnerds agree to provide the services you have requested through the website or through Quote.
We may update or modify this Terms and Conditions without prior notice so we encourage you to review this Terms and Conditions from time to time when using our website, products and services. You acknowledge that you have read and understood this Terms & Conditions and that you agree to be bound by it.
Logo Design & Social Media Header
You are encouraged to be as detailed as possible in providing all relevant information for your logo design at the time of your order. Once we have received those information production will commence in the next 24 hours.
- Concepts and revisions will be sent via email. It is your responsibility to ensure that the email address that you have provided is correct, active and being checked.
- The number of revisions allowed defends upon the package you have purchased.
- You are encouraged to provide all the necessary feedback regarding your concept within the allotted number of revisions as The Webnerds, is under no obligation to do revisions beyond the number allotted for your purchase.
- When the final design was sent to you via email; you have 5 calendar days to review and to provide feedback for revisions and/or approve otherwise the project will be considered final and completed.
- Once final design has been approved or delivered; no further revision will be allowed; otherwise an additional charge will apply.
- Final design is only for 1 concept. Additional concept from your initial concept can be purchased separately for $50 AUD as long as no further revision is required.
- Your use of the logo designed by The Webnerds under this Terms and Conditions is limited to the final design and concept that has been delivered and approved. All other concepts and initial materials that were not selected and included in the final delivery remains the property of The Webnerds and the designer.
Once the project status is completed; we will keep your copy accessible for download until 30 calendar days. After which it will be removed and archived. The Webnerds will do its utmost to keep the integrity of this archive but does not guarantee that your file will still be viable and available if you require them in the future as we are in no obligation to store completed files. However, if your file is viable and available then we will provide you with a copy with $10 administration fee.
Domain name once registered allows you to use it for a specified period of time and is not perpetual. It needs to be renewed at your own expense in order for you to continue using it. Renewal is normally set to yearly but you can choose to upgrade and pay for longer than 1 year to save you the hassle of renewing every year.
Before the renewal date we will be sending you notification to remind you that your domain is due to expire. Note that The Webnerds will not be held liable for any damage or losses you incur as a result of your failure to renew your domain name by expiry date.
Website Design Package
If you purchase one of our website design package, you will receive free web hosting service and free domain registration for one year. After the 1 year on the anniversary of your registration for our service you will only then be charge for the yearly web hosting and domain name renewal.
- Assessment Phase – This is where we’ll email you all relevant questions that we need answered in order to come up with the right solution and design for your business. During this stage it is imperative that you, the customer provide all details, functionalities that you would like to be included in your website design as well as raise questions that you are uncertain of. At the end of this phase a documentation of all deliverables and expectations will be signed by both parties.
- Design Phase – This is where we provide you with a layout and mockup of how your website will look like before it undergo development. This is also where we will have everything approved and sign off by you everything about your website design and functionality.
- Date Gathering – This is the phase when all information that will be set into the website will be gathered and provided. You will need to provide us with page contents. If you have brochures of your business and advertising that might be suitable for your website pages that is a good start. You can also supply us of a rough idea with bullet points of what you to want to go in each page then we will expand on those. Otherwise, you can also pay a bit extra for a copywriter keyword optimized contents.
- Build – This is the development phase where your website will be build and customized according to the specifications that was agreed upon.
Short Video Ad
Short video ad are short videos that The Webnerds create for your business to be use in advertising through social media like Facebook, Instagram and Youtube. Video duration is normally under 1 minute but we can create a longer video defending on your requirement.
Managed Web Hosting
This service is provided to our clients who has taken up our website package. On the anniversary of their service with they will be charge with web hosting that includes us doing managing backup and maintenance of the website. Each web hosting package comes with a specified monthly storage and bandwidth limit. Your bandwidth limit is determined by the package you subscribe to. We monitor your storage and monthly bandwidth usage. You will receive automated emails to advise you when you are approaching your bandwidth limit. Once you reach your bandwidth limit, your website will no longer be displayed, and a ‘Bandwidth Exceeded’ message will instead be displayed to any party visiting your website until you either upgrade your hosting package or your bandwidth usage is reset. Bandwidth usage is reset on the 1st of every month.
Any disc and bandwidth usage over the allowed limits will be charged at $2 per MB.
Agreement for Subscription
To be eligible to subscribe to our Services, you acknowledge and agree to the following:
- You will not share your password or login details with any other person and you will keep your contact, payment and other information updated;
- You warrant that all information you provide is true, correct, up-to-date and accurate personal information and details;
- You acknowledge that your use of the Services requires a certain amount of knowledge and skill, including technical know-how, and that The Webnerds is not responsible for ensuring that you are capable of using the Services;
- You will use the Services only for lawful purposes and in accordance with these Terms and all policies and guidelines that may apply;
- You agree you will not allow The Webnerds Services to be used for activities specifically prohibited by law.
- You will not transfer, sublicense or grant access to any of our Services to any other person, company, business except as agreed in these Terms;
- You warrant that any Content you store or share as a result of the provision of these Services is either owned by you, or you have license to use and republish the Content. You will fully indemnify us against any and all claims including by you or any third party for use of this Content;
You engage the Services at your own risk and agree to hold us harmless from any and all claims that may be brought against us as a direct or indirect result of providing the Services to you.
- In order to provide the full suite of Services to you, we engage third party providers to enable access to the Services. This includes the use of Synergy Wholesale for domain registrations. You agree and acknowledge that our website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.
- You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.
We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy or unusual time period.
Prices & Payments
I. Prices of the services that we offer are detailed in our website or through our quote. The Webnerds reserve the right to change these prices:
- In the event that a partner or 3rd party provider changed pricing which affect our delivery of service to you.
- If you have requested a variation or change of service for you. Where we incur additional cost due to meet your requirements.
- Or as otherwise determined by The Webnerds when your agreement expires.
- Payment must be made in accordance with the agreement in the Quote that was sent to you or the price in our website.
- Services that are not included in the original final agreement will incur additional fee.
- Service will only start once payment has been settled.
III. Periodic Subscription Fees
The Webnerds does not extend credit to subscribers. All Services must be paid for in advance prior to service delivery whether it be monthly, quarterly or annual subscription. No refunds will be given for months remaining where you have cancelled your Service before the end of the period.
It is your responsibility to keep your contact and payment details up to date. If we do not receive prompt payment in accordance with our subscription terms, we have the right to suspend your subscription. Please note that this may have serious consequences which may result in your website being unavailable, losing your domain rights or other consequences for which we cannot be held responsible. We will notify you, wherever possible, prior to any such suspension.
IV Credit Card Chargeback
If you there is a chargeback against The Webnerds through your credit card and administration fee of $50 AUD will be charge plus the amount originally charge to your credit card. your services might be terminated at our sole discretion.
V. Failure to make payment
We provide you with the invoice 14 days prior to your due date. Failure to make payment within 7 days of the due date will cause your service to be suspended. This would mean that your website might become inaccessible. Failure to make payment 30 days from the due date will be cause for your service to be terminated. This will mean that any content that was uploaded and stored in the server will be irreversibly deleted. The Webnerds accept no responsibility for any loss or damage that you may incur as a consequence of the suspension or termination of your Service or any lost data, files or website content as a result of your failure to pay the subscription amount.
- We do our best to meet deadlines and targets but there are times that this cannot be met and if this happens we will inform you via email or phone call. We do not guarantee time estimates and will not be in breach of our obligations if we fail to meet any such timelines; although we will endeavor to deliver the services in accordance with the agreed upon timeframe.
Customer agrees that he/she will be responsible in performing and providing in a timely manner the following:
- Coordination of any decision-making with parties other than than designer
- Providing of Customer Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the proposal or contract.
The managed webhosting includes notifications when your hosting or email accounts are running out of space; recovery of corrupt and/or lost date (where possible) and general support. Support if you are looking into purchasing additional services or general inquiry about your service is provided at no cost by sending an email to firstname.lastname@example.org. During the normal business hours, we will endeavour to respond to your email within the same day. Support includes but is not limited to unexpected server outages and unexpected interruptions to the service. Support outside of our normal business hours is not guaranteed, and may not be immediately available.
In the event that a request for support is not related to a service provided by The Webnerds, then additional fee will be incurred. Services which incur additional fees include debugging of script related issues, items which you may have used, uploaded or caused to your account and similar support for which additional charges apply. We will advise you at the time of your request of additional fees or charges.
If you are not completely satisfied with your managed Web hosting within 30 days of purchasing the hosting from us; a full refund will be issued to you.
- The full refund does not include any additional upgrades purchased after the initial date of purchase.
- The 30 day Money Back Guarantee does not apply to you if you have violated these Terms and Conditions or any other policy or agreement between you and The Webnerds.
- The 30 Day Money Back Guarantee does not apply to any additional items or services that you may have purchased at the same time or after you purchased a hosting package, including domain names, dedicated server packages, SSL certificates or software licenses.
- 30 Day Money Back Guarantee does not apply to you if you have previously closed or terminated a web hosting package from The Webnerds.
- Applying for the 30 Day Money Back Guarantee must be completed within seven (7) days of cancelling your hosting package.
- We reserve the right to determine, in our sole and absolute discretion what constitutes and what amount constitutes the 30 Day Money Back Guarantee refund.
- If your hosting package entitled you to free registration of a domain name, and you elected to register a domain name on that basis, any refund that you receive for the hosting Services in accordance with the 30 day Money Back Guarantee will exclude the reasonable expense incurred by us in registering the domain name you requested.
We require 30 days notice to cancel any subscription prior to the renewal date, to ensure you are not charged for the next month. If we do not receive your cancellation notice 30 days prior to the next monthly payment date, you will be charged the monthly fees for the next month. This applies to quarterly subscription as well.
No refund of any amount will be paid for Services cancelled prior to their respective expiry date, except in accordance with the Refund Policy above. Under no circumstances will we refund any fees associated with the registration of a domain name.
WE MAY TERMINATE YOUR SUBSCRIPTION AT ANY TIME: We have the right to terminate your subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your subscription and may be referred to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We are not required to provide any refund or part thereof to you for such termination of your subscription. Any refund may be determined in our sole discretion.
Intellectual Property Rights
- We may purchase rights to images and themes that we use in providing the services to you. Such images or themes may be subject to a license agreement between us and a third party that may restrict your use of those images or themes. Please ask us if you would like to be given a copy of the terms of any such license. Unless otherwise agreed in writing, we may at our discretion use images or themes that have been used in providing the services to you, with other clients or on other works. If you require specific images, you may be required to pay additional fee(s) for that use. Even if we agree to provide an image to you exclusively, we cannot guarantee that the image will not be used by other third parties who may have obtained these images from another party.
- We reserve all the right to display all designs that we create for you on our website, our portfolio, reseller or affiliates portfolio and our marketing material.
- Ideas and Materials Provided by you the customer including but not limited to, images, photographs, graphics, composites, sketches, drawings, text and illustrations for inclusion, incorporation and/or addition into the design are your property, and you warrant that you have taken the necessary steps to acquire the permission of the legal copyright and/or trademark holder for any such use and that you agree to indemnify The Webnerds.com.au in the case that your supplied materials are found to be infringing on the copyright, trademark or intellectual property claims of the legal owner of this materials.
To the extent permitted by law, all warranties, conditions and representations by us are excluded. If a term is implied by law into this document and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included this document. However, our liability for breach of such term will be limited, at our option, to one or more of the following:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
If you are not happy with our services, to the extent permitted by law we will not provide you with a refund, but supply you with the services again within reason, until you are satisfied with the services,
To the extent permitted by law, neither we nor any of our officers, employees, agents or related bodies corporate will be responsible or liable in any way (including for negligence) for any loss, damage, liability or costs incurred or sustained by you or claims made against you, and you agree not to make any claim against us, due to or arising out of our provision of the services.
- Without limitation, we will under no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
- You indemnify and hold us harmless in respect of any and all claims, loss or damage of any kind whatsoever (including legal costs and disbursements on a full indemnity basis), arising directly or indirectly out of:
- any act done by us in good faith and purportedly pursuant to a right granted to us under the provisions of this document
- any infringement by you of third-party Intellectual Property Rights, and/or
- any breach by you of any of the terms of this document.
We do not guarantee that our services will provide any specific results. In particular, and without limiting the foregoing, we make no guarantees, warranties or representations as to sales or revenue that may be achieved or that you will receive any new or increased numbers or customers as a result of our services.
a.“Confidential Information” means all material or information of a confidential nature, received or acquired by The Webnerds or created either partly or in whole by our designers during the course of this agreement, relating to the Services and products, including software products, or general business operations and its customers. Such information or material may include, but is not limited to:
- technical information: methods, processes, systems, techniques, products, services, computer programs and research projects;
- business information: customer lists, pricing data, sources of supply, financial data and marketing, production, business proposals, plans, production plans and schedules, and
- creative development: concept development, names, titles, images, illustrations, logos, motion graphics, designs, computer data and production of all media associated with any project
b. You agree that you will treat all Confidential Information as being strictly confidential, and hold it in the strictest confidence, at all times during and after termination of this agreement, and that this requirement is reasonable to protect the Confidential information of our business and its clients.
c. The Webnerds agrees not to disclose or cause or allow to be disclosed, Confidential Information to any person, except:
- If required to do so by law, for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.
- with The Webnerds’ expressed prior written consent,
- To our agents, employees, advisers, affiliates or partners as a necessary part of the proper performance of our duties and only to the extent necessary to properly carry out those duties and provide your with our services.
d. The Webnerds agrees that we will not use the Confidential Information nor cause or allow the Confidential Information to be used:
- for our own benefit or advantage.
- for the benefit or advantage of any person or entity
- to the detriment of our business or any related entities, our clients/users.
e. The Webnerds will not make any copy or summary of any Confidential Information, except if required to do so in the course of the provision of the Services.
f. The Webnerds acknowledges and agrees that all Confidential Information is and will at all times remain the exclusive property of its customers, as the case may be.
g. The Webnerds acknowledges and accepts that we may be required to enter into separate confidentiality agreement with our client.
h. The obligations above do not apply to any Confidential Information which is in the public domain other than due to a breach of an obligation of confidence (whether or not under this agreement).
Modification of Website & Content
We reserve the right at any time and from time to time to remove, delete, alter or amend any Content, Services or our website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Services, our website, or any information contained on it or linked to it, or from any termination of your Services in accordance with clause 7. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, damage to reputation, interruption of business, loss or use of data even if the possibility of such loss was made known to us.
This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on this Service. While we endeavor to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.
Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights, all goods and services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.