VELVET WEB TERMS & CONDITIONS

 

WEB DESIGN

 

Quoted prices include minor changes post proof reading.  Minor changes include: spelling; grammar; consistency; image tweaking; and Client contact information. Additional design, pages and/or changes may be done at an additional charge.  This will be communicated to the Client as necessary.

 

Unless specified in the initial consultation, all images and content are to be provided by the Client, and all proof reading is to be done by the Client.

 

Photography and graphic design is not included, unless quoted. Photographs supplied to Velvet Web will be used as is.  Any additional etching or image manipulation required will be additional to the original quotation.

 

The Client acknowledges that custom coding may sometimes be required to create additional features, including but not limited to interractive features, plug ins and custom form design. If this is a consideration or requirement and it has not been discussed prior to commencement of work, it will be communicated to the Client and a separate quotation will be provided.

 

All designs are covered by Australian Intellectual Property, Design and Copyright Law.

 

$495 STARTUP PACKAGES

 

Startup Packages include: 2 years domain registration (standard domain names only - ie. .com, .com.au, .net, .net.au - premium domain names will be at a small additional charge); 1 year website hosting on our Hosting Startup Package; 3 page website including contact form and Google map, plus basic administration access to the existing pages of the content management system.  Any additional pages and/or content required over and above the initial website design, will be at an additional cost. All content to be used within the content area is to be provided to Velvet Web by the Client via our Content Form, which will be provided to the Client upon job acceptance. All images are to be provided to Velvet Web by the Client in .jpg, .pdf, .png file format and will be used as is. Any additional formating or image editing will be an additional cost. All proof reading to be done by the Client.  Shopping cart or pages that require custom development are not included, however can be added on at any time. Additional costs apply. Photography and Graphic design services are also available, at an additional cost.

 

Startup Hosting Package includes: Disk space: 5GB; Bandwidth: 10GB per month; Email account: 1; Individual mailbox size: 500MB, including Webmail, IMAP, POP. Hosting package specifications can be increased or upgraded at any time, depending on Client requirements and upon consultation with Client.

 

CONTENT MANAGEMENT SYSTEM

 

The Content Management System (CMS) remains the property of Velvet Web.

 

The Client is responsible for the security of their CMS username and password, and any individual who is assigned the role of site Administrator or Web Master.

 

The CMS is a tool provided to the Client which enables the Client to build, manage and administer information displayed on their website.   The Administrator must NOT upload, post, publish or distribute:

  1. Content which is unlawful, defamatory, harmful or invasive of another’s privacy, or otherwise object, including material that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual.
  2. Content that you do not have the right to distribute under any law.
  3. Content that infringes any patent, trademark, trade secret, copyright or other intellectual rights of any party.
  4. Content that contains nudity, pornographic material, sexual material or material that is obscene in nature without prior and specific consent of Velvet Web, excluding medical related content.
  5. Material that contains software viruses or any other code with the intention of interrupting or limiting the functionality of any computer or telecommunication equipment.

The client acknowledges that the CMS will only be uploaded and made operational onto a Velvet Web web server or other web server approved by Velvet Web.

 

Should the client choose to use a web server other than a Velvet Web server, they acknowledge that Velvet Web can not be responsible for: Data integrity; Website backups; Website uptime; Website security; and CMS operation and or updates unless the client chooses a yearly subsciption for maintenance.

 

The client acknowledges that the Content Management System does not come with system upgrades by default.  Velvet Web recommends the client subscribe to a software subscription to ensure they receive and are always up to date with the latest CMS developments.

 

CUSTOM PROGRAMMING AND DEVELOPMENT

 

The Client acknowledges that Velvet Web owns the intellectual rights to the code written within the custom developed/programmed website, unless otherwise quoted.

 

The Client acknowledges that only work that forms part of the quotation will be carried out for that job. Any additional development required will be quoted upon separately and carried out as a separate job.

 

The price quoted includes minor changes post proof reading. Minor changes include: spelling; grammar; consistency; and correction of any errors in the business, its services and/or product information.

 

Velvet Web will not rewrite code once the job has commenced should the Client change their mind on functionality and framework design.

 

The Client acknowledges that, due to the nature and complexity of Velvet Web's custom developed online software, it is a requirement that their new website be hosted on Velvet Web web servers, and hosting on any other server is not negotiable. We guarantee that our prices remain competitive with other Australian web hosting services offering server software and hardware of similar quality. For added security and data integrity, Velvet Web chooses to run email on a separate dedicated email server, away from the website.

 

The Client acknowledges that there may be delays in programming time due to unforeseen circumstances. Velvet Web will not be held liable for an estimated completion time being exceeded. Velvet Web will strive to keep the Client abreast of any difficulty in programming or circumstances that may cause delay. 

 

ECOMMERCE AND SHOPPING CART

 

Product entry including data and graphics is the responsibility of the Client, unless otherwise quoted by Velvet Web.

 

A SSL or Public Key Certificate is recommended by Velvet Web when trading on line. Velvet Web will organise and install the SSL Certificate on behalf of the Client at the cost of the Client.

 

SEARCH ENGINE OPTIMISATION (SEO)

 

Velvet Web will optimise your website to comply with the search engine algorithms current at the time of the job being carried out.  We do not and can not guarantee the position of your website within the search engine results.

 

The Client acknowledges that Velvet Web has no control over how the Search Engines display or return information and therefore can not be held responsible for any future changes to the position.

 

Search Engine Optimisation services are final and no refunds or credits are available once the service has been carried out.

 

ONLINE MARKETING

 

GOOGLE CAMPAIGN MANAGEMENT

  1. The monthly advertising budget the Client has agreed to will be charged each month directly from Google.
  2. Underspend from one month will be rolled into the following month.
  3. Should the daily maximum budget be reached, advertising will cease for the remainder of that day and recommence the following day.
  4. Should the Client choose to close their Google account, any credit being held by Google will be refunded.
  5. Velvet Web will use best practice which may be restricted by your budget to bring traffic to your website.  We do not guarantee that search engine advertising services will increase business sales or enquiries.
  6. The campaign set up fee will form part of your quote.  This fee is non-refundable once the service has commenced.
  7. The Client authorises their credit card to be used by Velvet Web in the set up of their campaign account and to be debited each month as per the Client’s agreed monthly spend, until such time as the Client chooses to stop the campaign.
  8. The Client acknowledges that if they choose to stop a campaign within an active month, any credit they may have will be held by the campaign account and released once the campaign has been terminated.
  9. Velvet Web manages the Client's account exclusively via our own management console. Requests by a third party to our console will be denied.

FACEBOOK ADVERTISING

  1. The monthly advertising budget the Client has agreed to will be charged each month directly from Facebook.
  2. Should the daily maximum budget be reached, advertising will cease for the remainder of that day and recommence the following day.
  3. Velvet Web does not guarantee that advertising on Facebook will increase business sales or enquiries.
  4. The campaign set up fee will form part of your quote.  This fee is non-refundable once the service has commenced.
  5. The Client authorises their credit card to be used by Velvet Web in the set up of their campaign account and to be debited each month as per the Client’s agreed monthly spend, until such time as the Client chooses to stop the campaign.
  6. Velvet Web manages the Client's account via our own management console. Requests by a third party to our console will be denied.

Velvet Web does not lock Clients into contracts, however our management fee is billed per month and once service has commenced that month’s fee is non-refundable.

 

DOMAIN NAME REGISTRATION

 

Velvet Web does not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.

 

If your application is deemed fraudulent through a fraud detection and prevention mechanism in the domain registration process, we may require the registering party to supply Photo Identification to verify their identity. Accepted Photo Identification methods are Passport or current Drivers License.

 

Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.

 

We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.

 

HOSTING/EMAIL/SECURE WEBPAGES/VIRUS PROTECTION

 

Velvet Web specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that:

 

  1. you will not, nor will you authorise or permit any other person to, use the Server in violation of any law or regulation;
  2. you will not knowingly or recklessly post, link to or transmit any material;
    1. that is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane or otherwise objectionable in any way; or containing a virus or other hostile computer program;
    2. that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction; and
  3. you will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers. Velvet Web reserves the right to suspend your service at the time of service abuse prior notification, and to terminate post 3 events of suspension of the service as a result of ongoing lack of resolution of the issue associated.
  4. You are responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or mis-routing or any other failure of email. In the event of deliberate transmission of unsolicited commercial email (UCE), Velvet Web reserves its right to terminate services without prior notification.
  5. You warrant, undertake and agree that:
    1. any transactions within your Web site which are contracts for the sale of goods or services will be between you as the merchant and your end-user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate;
    2. the information contained within your Web site will comply with all applicable law, and codes of practice governing the use of Web sites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force;
    3. you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Notwithstanding such notification you will be liable for any and all uses of your account (and Web site) notwithstanding any fraudulent or improper use of your password or any other access to any of the facilities we offer which is not unauthorised use or access by us.
  6. Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.
  7. We do not warrant whatsoever that our virus protection services will stop every virus from reaching your computer network. We make no warranty that the service will be error free or free from interruption of failure, and the company expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.
  8. Whilst we shall use best practices to ensure the integrity of your data is maintained upon website file transfer to our web servers, we cannot guarantee any data will not be lost.  We recommend the client organise back up their own site and files prior to commencement of transfer.
  9. All hosting plans are subject to general resource and usage monitoring. The following usage items are expressly prohibited:
    1. Any action or process that unreasonably consumes resources degrading the shared environment for other users is subject to review. This includes but is not limited to execution of scripts (PHP,ASP.NET,CGI/PERL, FTP, HTTP, database connections and the like).
    2. Running standalone, automated server-side processes including, but not limited to any daemon.
    3. Running any bit torrent application, tracker or client.
    4. Participating in file sharing or other peer to peer sharing activity.
    5. Executing any script for longer than 180 seconds.
    6. Executing any database query that takes longer than 30 seconds to complete.
    7. Specifying cron tasks that execute more frequently than every 300 seconds.

Velvet Web reserves the right to host the Clients website on Velvet Web web servers. We guarantee that our prices remain competitive with other Australian web hosting services offering server software and hardware of similar quality. For added security and data integrity, Velvet Web chooses to run email on a separate dedicated email server, away from the website.

 

PHOTOGRAPHY

 

“Basic photography” means images that do not need to be etched or manipulated in any way.  Basic photography is provided by Velvet Web by quotation.

“Product photography” means images of products and/or goods.  Product photography requires etching and manipulation and will be quoted upon separately.

 “Professional photography” means a professional artistic shoot and will be contracted to a professional photography contractor.

 

GRAPHIC DESIGN

 

Graphic Design work refers but is not limited to photos needing etching or manipulation, logo design, something unique that does not form part of the standard website design, promotional and stationary material destined for print. Any additional graphic design work required will be discussed with the Client and quoted upon separately.

 

OTHER CONDITIONS

 

Velvet Web reserves the right to use a third party contractor for services or any part thereof on behalf of Velvet Web.

 

The Client acknowledges that the services are to be provided by Velvet Web and that in the event that Velvet Web is unable for any reason to carry out or engage a contractor to carry out the service, Velvet Web is entitled to rescind this agreement within 21 days without penalty in which event any moneys paid by the Client shall be refunded in full.

 

The Client acknowledges that Velvet Web is not responsible for the operation and maintenance of the Client’s hardware and software, including operating system, browser, software updates and any 3rd party software installed or used in the development of the product.

 

Velvet Web is not responsible for the Client’s data integrity, corrupt databases, service interruptions or internet downtime.

Website file and database backup is an additional service that will be charged accordingly. Should the client choose to host with a 3rd party hosting company other than Nethosts, file and database backup services is something which the Client needs to organise with their chosen hosting company.

 

Velvet Web reserves the right to outsource some services to a Contractor.

 

The Client acknowledges that any images and fonts which are provided to Velvet Web and used in the design of the Client’s website are in fact owned by the Client and do not infringe any copyright law.

 

CONDITIONS OF PAYMENT

 

A 20% deposit on quotation price prior to commencement of work is required. Deposit is non-refundable once service has commenced. Progress payment of an additional 40% is required prior to the new site being uploaded to the Client’s hosting service. Final 40% is required once the site is live.

 

Velvet Web prefers payment via Direct Deposit.  Should the Client choose to pay via credit card, this will incur a 3.1% surcharge. 

 

All design and files created by Velvet Web are to remain the property of Velvet Web if no final payment is received. 

 

Should the content required from the Client in order for Velvet Web to complete the service fail to be forthcoming within 10 working days post design concept sign off, a progress payment will be requested by Velvet Web. Amount is discretionary, depending on job.

 

Should any minor content required from the Client in order for Velvet Web to complete the service fail to be forthcoming within 20 working days, a final payment will be requested by Velvet Web.  Minor content refers to: content images and 5% or less of the overall website text.

 

If any sum payable is not paid on or before the due date, Velvet Web reserves the right to suspend the service we are providing to you.

 

CONFIDENTIAL INFORMATION

 

Velvet Web is committed to the information privacy principles contained in the Freedom of Information Act 1982 and the Information Privacy Act 2000.  Velvet Web will comply with the privacy principals contained in the Commonwealth Privacy Act 1988 (irrespective of whether or not they are legally binding on Velvet Web).  Velvet Web also agrees to comply with any directions regarding privacy given to Velvet Web by the Client or by a Privacy Commissioner that are relevant to the Contract between Velvet Web and the Client. 

 

CONTENT WRITING

 

Price includes one (1) final minor change post proof reading.  Minor changes include: spelling; grammar; consistency; and correction of any errors in the business, its services and/or product information. Content writing services are final and no refunds or credits are available once the service has been carried out. Any additional content writing may be done at an additional charge and this will be a separate quotation.