Terms and Conditions
Words of Text
All words of text must be supplied by the client, via email or CD. We are not responsible for grammatical errors and spelling mistakes. If we do re-write text, it is still the client’s responsibility to check for errors on the website.
2, 5 or 7 Hours Free Maintenance
This agreement includes webpage maintenance for the packages ‘Virtual BCard’ (2 hours), ‘SmallBiz’ (5 hours) and ‘Corporate’ (7 hours).
Changes requested by the client beyond those limits will be billed at the hourly rate of AU $30.00. Other (programming of special additions $70.00 per hour) charges are not included in this rate.
The maintenance period commences upon the launch date. Once the hours are used up, we offer ‘Maintenance Packages’ for 10, 20 or 30 hours (see price list).
Maintenance Packages and Hourly Rate
We do maintenance work. The hours have to be bought in advance. With each 10 hours paid at once you will get 2 hours for free (pay 10 get 12, pay 20 get 24 and pay 30 and get 36)!
Other (programming of special additions $70.00 per hour) charges are not included in this rate.
Editable Websites MUST be backed up on a weekly or fortnightly manner. ‘get VIRTUAL’ can’t held responsible for any data loss!
The client understands that any web hosting services require a separate contract with a web hosting service. The client agrees to select a web hosting service which allows ‘get VIRTUAL’ full access to the website via FTP.
We recommend 1and1.com for web hosting.
1and1.com offers 1 or more .com domain names in their web space packages. If you require an .com.au domain, they can be purchased on http://www.cheapdomains.com.au.
Payment of Fees
Fees to ’get VIRTUAL’ are due and payable on the following options:
- 100% 4 weeks after signing the contract.
- 50% cash while signing the contract, 50% 4 weeks after signing the contract.
In case the client has not secured web space on a web hosting service by the time the website is completed, the whole website may be delivered to the client on CD or attached to an e-mail message.
Advertising the pages to Web search engines and updating occur only after the final payment is made. All payments will be made in Australian Dollars.
Assignment of Project
’get VIRTUAL’ reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
’get VIRTUAL’ does not warrant that the functions contained in these web pages or the Internet website will meet the client's requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will ’get VIRTUAL’ be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if ’get VIRTUAL’ has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Copyrights and Trademarks
The client represents to ’get VIRTUAL’ and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to ’get VIRTUAL’ for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend ’get VIRTUAL’ and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Laws Affecting Electronic Commerce
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend ’get VIRTUAL’ and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's exercise of Internet electronic commerce.
Copyright to Web Pages
Copyright to the finished assembled work of web pages produced by ’get VIRTUAL’ is owned by ’get VIRTUAL’. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. ’get VIRTUAL’ and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.
Payment of Fees
In order for ’get VIRTUAL’ to remain in business, payments must be made promptly. Delinquent bills will be assessed a $15 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 10% penalty will be added for each month of delinquency. ’get VIRTUAL’ reserves the right to remove web pages from viewing on the Internet until final payment is made. Please pay on time.
The agreement contained in this "Website Design Contract" constitutes the sole agreement between ’get VIRTUAL’ and the client regarding this website. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honored for six (6) months after both parties sign this contract. Continued services after that time will require a new agreement.