Terms of Service and the Overview
In a 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:
1. Definition and Interpretation
In this Agreement unless the context otherwise requires, the terms and expressions listed below have the following meanings:
- ‘Agreement’ these terms and conditions, the Terms of Service and all documents referred to in the Terms of Service;
- ‘WebAdelaide Studio’ is the trading name of Ready Set Seo Pty Ltd. Throughout the Terms of Service, the terms ‘we’, ‘us’, ‘our’ and ‘WebAdelaide’ refer to ‘Web Adelaide Studio’;
- ‘Buyer’, ‘Subscriber’, ‘Customer’, ‘Customers’ means person, persons or company who is (are) agreeing to purchase our services and/or products. This name(s) 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. Throughout the Terms of Service, the term ‘you’ refers to the ‘Customer’.
- ‘Statement of Work’ means a detailed list of services and/or products that we are going to provide to the Customer as per agreed price, listed within this document;
- ‘Our Products’ and ‘Our Services’ means all the products and services we supply to the Customer, in accordance with the Statement of Work;
- ‘Service Delivery’ means an instance, at which we supply a Customer with Our Product and/or Our Services;
- ‘Content’ means all material (written text, pictures, logos, videos, documents, scripts and links) the Customer or anyone acting on behalf of the Customer, provides to us. It also includes material uploaded to the website through Our Services.
- “Hosting Fees” mean ongoing payments for the hosting services, paid monthly, quarterly or yearly. Unless otherwise documented hosting is and will be supplied by a third party who will be responsible for all hosting enquiries, issues, service interruptions, reinstatement of service. If you do not pay your invoice your service will be discontinued.
Suggested other terms: Charges/Payment, Description of Service, Cancellation/Termination, Intellectual Property Rights, Due Date, High-Quality Images, Invoice, Refund, Website Hosting Services, Website Framework.
2. Service Cancellation
Our Services may be cancelled at any time by contacting us in writing at: Support@WebAdelaide.com.au WebAdelaide Studio does not offer refunds for Hosting Fees as this is supplied by a Third Party. If requesting cancellation of service all existing contractual payments must be paid to WebAdelaide. Any potential refund of fees does not include Marketing or Advertising fees, Development, Design, Domain Setup or Domain Registration or Third-Party costs.
3. Fees (website hosting)
3a. Website Hosting Services.
All Website Hosting Services must be paid in advance of Service Delivery to our Third-Party provider.
All customers receive automatic reminders about the upcoming renewal and the expected renewal period for their accounts.
Our Third-Party provider reserves 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, including a 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 all Content within 14 days after the website framework completion. This content includes text, images, logos, links, 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 provided 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
- Links to third party websites
- Email Services
- Website Hosting Services
7. Copyright Policy
WebAdelaide Studio asks Customers to respect intellectual property rights. If you think any Content you have provided within our Services violates any form of copyright policy, you must 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. Conditions Of Use
As a condition of use, if entering into a subsidised website and marketing program you the Customer will be required to use WebAdelaide Studio’s Third-Party Hosting Service. If termination of a subsidised website service with marketing program is requested the Customer will be required to buy the website outright at a fee of $3,500 + gst if within the minimum contracted period of 6 months.
As a condition of use, you promise not to use Our Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by WebAdelaide Studio. By way of example, and not as a limitation, you agree not to use Our Services:
- To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit, or cause to be posted or transmitted, an Content that is liebelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
- To communicate with WebAdelaide Studio representatives or other users in an abusive or offensive manner;
- For any purpose (including posting or viewing Content) that is not permitted under the laws of jurisdiction where you use the Services;
- To create or transmit any unwanted ‘spam’ to any person or any URL;
- To post copyrighted content that does not belong to you, unless you are commenting on Visual Content in Blogs, where you may post such Content subject to providing appropriate attribution to the copyright owner and a link to the source of the Content.
9. Intellectual Property
All server-side software and digital marketing intellectual property and infrastructure provided by WebAdelaide Studio is leased to the Customer and remains 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 express written consent or documented permission.
10. 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 ensure 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 Studio 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. If requesting cancellation of service all existing contractual payments must be paid to WebAdelaide. Any potential refund of fees does not include Marketing or Advertising fees, Development, Design, Domain Setup or Domain Registration or Third-Party costs.
Customers can cancel Our Services at any time by contacting us in writing at Support@WebAdelaide.com.au exit fees may apply. All provisions of this Terms of Service document are still applicable even when Our Service has been terminated, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. 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, labour 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.
14. NO WARRANTIES RELATED TO WEB HOSTING OR EMAIL SERVICES
14.01. WEBADELAIDE STUDIO’S WEB HOSTING SERVICES AND EMAIL SERVICES ARE PROVIDED BY THIRD-PARTIES 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.
14.02. 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.