|In the nutshell (overview): |
We (WebAdelaide Studio) provide website design, development, website hosting services and ongoing support in the best of our abilities. Our services are designed to provide you with as much control over the website as possible. That means that there is some responsibility on you. Please be careful with what you post on the pages of your website, as the nature of your content could offend some and may even be illegal (things like spam, viruses, threats, call to violent activities, pornographic material, promotion of illegal substances and illegal activities). Also, it is important to respect the work of other people and companies. Please make sure that content that you place on your website is not in breach of any form of copyright policy. We are careful with what content goes on our websites and ask the same of your content.
We are as transparent as possible about services that we provide and how we provide them. For every project that we do we provide you with the Statement of Work, which outlines the work that will be done within the scope of the project. Having said that, we also respect and highly regard your privacy. That is why we take extra measures in encryption, password protection and limit exposure of our communication with you from other people and companies.
We are flexible in how we provide our services and as we are the proprietors of our Content Management System we can vary how we do our work depending on your needs. We are also developers and that means that we can provide IT services (software development, database development, some SEO and design work) that is outside of our normal line of work. For such services, pricing and agreements will be discussed during the meeting.
Keep in mind that as our business is growing, our Terms of Service change accordingly to accommodate the changes in the legal fields, changes in our services and clarifications of certain points.
Terms of Service:
For the purpose of this agreement, the below list includes all of the interpretations for the current Terms of Service:
- "WebAdelaide", "WebAdelaide Studio", "Us" mean WebAdelaide Studio, a trading name of ITN LAB, ABN: 48 646 899 533
- "Buyer", "Subscriber", "Customer", "Customers" means person, persons or company who is (are) agreeing to purchase our services and/or products (whose name will go on the invoice, quote, statement of work or any other document produced in relation to this agreement), or acts on behalf of that person, persons or company
- "Statement of Work" means a detailed list of services and/or products that we are going to provide to Customer as per agreed price, listed within this document
- "Our Products", "Our Services" means all the products and services supplied by Us to the Buyer in accordance with the Statement of Work
- "Service Delivery" means an instance, at which we supply customer with Our Product and/or Our Services
- "Content" means all of the material (written text, pictures, videos, documents and scripts) provided to Us by the Customer or uploaded through Our Services onto the website by Customer or anyone acting on behalf of Customer
- "Hosting Fees" mean ongoing payments for the hosting services, paid monthly, quarterly or yearly through the payment system of the zStudio CMS Control Panel or by paying an invoice (invoice has to be ordered by contacting us)
2. Service Cancellation
Our Services may be cancelled at any time by contacting us at on ourContact Us page
WebAdelaide Studio offers a refund for the Hosting Fees paid in advance for a period of time that has not yet occurred. This refund only covers the Hosting Fees. The refund does not include design, development, setup and domain name registration.
3. Fees (website hosting)
3a. Website Hosting Services.
All Website Hosting Services must be paid in advance of service delivery.
All customers receive automatic reminders about the upcoming renewal and the expected renewal period for their accounts.
Hosting Fees can be paid through the zStudio CMS Control Panel or directly to our nominated bank account by invoice (invoice has to be ordered by contacting us).
We reserve the right to immediately terminate the Service if payment is not received timely.
3b. Website Development and Updates .
If the Customer has not fully paid WebAdelaide Studio as per Statement of Work after the Service Delivery, Our Services will be terminated exactly 15 days after the due date. We will send out reminders and the final reminder before we terminate Our Services.
WebAdelaide Studio does not provide e-mail services. Client might consider hosting emails separately using services like Gmail (G Suite), Office 365, or others. WebAdelaide Studio will have no obligation to set up or maintain email accounts and will not be responsible for the charges involved.
5. Supply of Content
You will be asked to provide the website content within 21 days after the website framework completion. This content includes text, images, video or any other material you want included in your project. WebAdelaide Studio will assume that all text supplied has been proof-read and spell checked.
Delays in delivering your content to WebAdelaide Studio may attract extra charges to the overall project cost.
Please ensure any content (text and images) delivered to and used by WebAdelaide Studio in your project meets current copyright laws. That means you own or have appropriate rights to use it. Copyright clearance on content supplied to WebAdelaide Studio is the sole responsibility of the client.
Content for each individual web page (element) must be clearly labelled and documented. The Client understands that WebAdelaide Studio may choose not to begin development of the website until all content is received. Images provided are to be of high quality. Any image editing will be done outside of the scope of work and will be charged for accordingly. All image use and editing should be discussed at the planning stage of work.
WebAdelaide Studio will assume that all text supplied has been proof-read and spell-checked. Therefore, WebAdelaide Studio will not be liable for spelling mistakes.
WebAdelaide Studio is not responsible for Content that you provide and/or create within Our Services. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, and other harmful or destructive content. WebAdelaide Studio disclaims any responsibility for any harm resulting from Content.
WebAdelaide Studio is not and will not be responsible for:
- Content quality, formatting, spelling and other grammatical mistakes
- Copyright infringement within the Content
- Offensive material (if such present) within Content
- Material and content that is linked to the web pages created with Our Services
- Legal issues arising from Content
- Any harm resulting from Content
7. Copyright Policy
WebAdelaide Studio asks Customers to respect intellectual property rights. If you think that material provided by our Customers within Our Services is violating any form of copyright policy, we ask you to notify us immediately. WebAdelaide Studio will respond to all such notices, including as required if appropriate removing the infringing material or disabling all links to the infringing material. In the case of such termination, WebAdelaide Studio will have no obligation to provide a refund of any amounts previously paid to WebAdelaide Studio.
8. Intellectual Property
All server-side software provided by WebAdelaide Studio is leased to the Customer and remain the property of WebAdelaide Studio and/or its suppliers. WebAdelaide Studio reserves the right to change any network infrastructure, software, hardware and IP addresses at its sole discretion.
The Customer cannot transfer the website to another hosting provider or use our software on other servers without our permission.
9. Service Levels
WebAdelaide Studio may interrupt service to perform maintenance. WebAdelaide Studio will use its best efforts to inform the Customer before interrupting service to insure that access loss is minimised. In the event of software or equipment malfunction or failure, WebAdelaide Studio will provide its best efforts to repair the system as quickly as possible.
In the event that WebAdelaide Studio suspects that server security has been breached, WebAdelaide Studio reserves the right to disable the server and/or the account of Customer in order to facilitate investigation and recovery in coordination with Customer.
Customer agrees that WebAdelaide Studio shall not be responsible for any service interruptions.
WebAdelaide is constantly updating our services, and that means that sometimes we have to change the legal terms under which Our Services are offered
WebAdelaide Studio may terminate access to all or any part of the website within Our Services at any time, with or without cause, with or without notice, effective immediately.
Our Services may be cancelled at any time by contacting us at our Contact Us page
All provisions of this Terms of Service document which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Force Majeure
WebAdelaide Studio is not responsible for any breach of this document of Terms of Service if WebAdelaide Studio is unable to complete Our Services or any portion thereof due to: fire, earthquake, labor dispute, act of God, death, illness or incapacity of WebAdelaide Studio or any local, state, federal, national or international law, governmental order or regulation or any other event beyond the control of WebAdelaide Studio.
13. NO WARRANTIES RELATED TO WEB HOSTING SERVICES
12.01. WEBADELAIDE STUDIO'S WEB HOSTING SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEBADELAIDE STUDIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12.02. WEBADELAIDE STUDIO MAKES NO WARRANTY THAT SERVICES WILL MEET YOUR REQUIREMENTS OR THAT, SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF WEBADELAIDE STUDIO SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBADELAIDE STUDIO SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN HEREIN. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBADELAIDE STUDIO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEBADELAIDE STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM WEBADELAIDE STUDIO; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.