Terms & Conditions

By placing an order with Web Master Pty Ltd, you confirm that you are in agreement with and bound by the terms and conditions below:

Definitions:

The Client: The company or individual requesting the services of Web Master.
Web Master: Primary designer/site owner & employees or affiliates.

General:

Web Master will carry out work only where an agreement is provided either by email, telephone, mail or fax. Web Master will carry out work only for clients who are 18 years of age or above. An „order‟ is deemed to be a written or verbal contract between Web Master and the client; this includes telephone and email agreements.

Quotes:

All Quotes are valid for 30 days.

Website Design:

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Web Master cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of Web Master until all outstanding accounts are paid in full.

All material, both text and images supplied by the client and used in the construction of the client's web site, will remain the client's property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.

Any scripts, applications, or software (unless specifically agreed) written by Web Master remain the copyright of Webmaster and may only be commercially reproduced or resold with the permission of Web Master.

Web Master cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

We reserve the right to refuse to construct a web site that we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to Australian law.

Any additions to the brief will be carried out at the discretion of Web Master and where no charge is made by Web Master for such additions, Web master accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to Web Master all materials required to complete the site to the agreed standard and within the set time frame.

At project acceptance Web Master can provide an estimated completion date, however we cannot guarantee this date as a final completion date

Web Master Produce projects where every effort is made to display the pages acceptably on most popular browsers currently available, however we cannot accept responsibility for pages which don‟t display properly on versions of browsers released after the project is completed.

The client is ultimately responsible for checking the correctness of the site before they give Web Master the go ahead to make the site publicly available.

When a client agrees that a site can be made publicly available they are agreeing that the design and development of the site has satisfied all their requirements.

Web Master will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet deadlines.

Web Master will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

Web Master will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Web Master will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

A deposit of 35% is required with any project before any design work will be carried out.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

Once a commission has commenced it will be completed using the information, data, text and images provided at project commencement or during the design phase. Once the design process has been completed the project will be presented to the client who may make any changes to design and content he wishes.

Database, Application and E-Commerce Development:

Web Master cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, applications or software (unless specifically agreed) written by Web Master remain the copyright of Web Master and may only be commercially reproduced or resold with the permission of Web Master.

Where applications or sites are developed on servers not recommended by Web Master, the client is expected to provide or seek any information, additional software, support or co- operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client‟s responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by Web Master before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Web Master will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Website Hosting and updating service agreements:

Web Master Offer annually renewable packages of hosting and updating service agreements which can be purchased as part of a package or separately. These include hosting, content updating and search engine submissions.

These packages are quoted for either on application or at time of quoting for a full project.

Quoted prices generally stay the same year on year but can change depending on the amount of content updated, additional sections added, bandwidth or web space used.

No partial refunds will be given for hosting, servicing or updating packages cancelled during the current agreements time period.

Customers wishing to cancel a hosting, support or updating package must inform us before the invoice date otherwise full annual payment will be required.

Data Transfer Limits:

Our monthly data transfer limit is 2GB per Month, if data transfer exceeds this limit it will be charged at 5 cents per MB.

Whilst Web Master recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Web Master cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Hosting Payment Policy & Billing Procedures:

All accounts are set up on a pre-pay basis. We accept payments via Bank Check, B Pay (preferred), Eft (preferred), Pay Pal. Setup fees are charged for all new accounts that are paid on a monthly basis and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Web Master reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. If 5 days have passed and payment has not been posted, the account will be suspended until further notice. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Web Master Pty Ltd to request termination of services.

Payment of Accounts:

A deposit is required from any new client before any work is carried out. It is the Web Master policy that any outstanding accounts for work carried out by Web Master or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with Web Master.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

Any payment returned by the bank will incur a $30 dollars administration charge. This will be invoiced and will be added to the total outstanding debt owed by the customer.

If accounts are not settled or Web Master have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to our Debit collectors to pursue payment, non payment can result in court or being added to the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Passing of Rights:

Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or licence but no rights of ownership are conveyed unless specifically stated in the Project Contract.

No such rights as described in above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data or information. If you have not paid the invoice in full within 1 month from the date of the invoice you agree that you will forfeit your rights.

The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.

Unless you have our specific written agreement in the Project Contract, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software, and our products and results of our services remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree not do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership.

Complaints Procedure

Informal procedure

Anyone who experiences a problem with their web service provided by Web Master should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

Web Master will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to Web Master Pty Ltd, World Tower, Level 15 suite 1511B 87 Liverpool St , Sydney 2000, NSW, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

Visits to clients premises

We will visit any premises in Canberra & Sydney free of charge for a no obligation consultation. Any further visit may be charged a kilometre rate of 30cents per kilometre return at our discretion.

Any additional meeting time of the web development project will be included in the initial quoted price, the client will not be charged any extra. Any time spent on any other job, for example computer setup / repair may be charged at our hourly rate of $50 dollars Per Hour at our discretion.

By agreeing to these terms and conditions your statutory rights are not affected. Web Master will reserve the right to alter any of the above terms and conditions at any time.