1.1 Provision of Services: SheCommerce provide Web design, Web development, Web Hosting, SEO, domain name registration and other related software automation and business Services. Client websites are published on a Web Server owned and operated by one or more of our hosting suppliers. SheCommerce provide the above Services using either in-house facilities and services or external 3rd party professional Services, designers or equipment (‘Supplier”) as required.
2.6 Payment Terms: Terms are 14 days from the date of the invoice
issued by SheCommerce.
2.7 Should payment remain outstanding beyond the payment terms as
outlined in clause 2.6 above, the Customer agrees to pay interest on all
amounts outstanding from the due date until the date of payment at a rate
equal to 2% above the Company’s then overdraft rate as varied from time to
time.
2.8 Should payment remain outstanding beyond the Company’s payment
terms as outlined in clause 2.6 above, the Customer is liable for all costs
including legal costs (on a Solicitor/own client basis) and mercantile
agents’ fees incurred by the Company in recovering the amount outstanding.
2.9 All prices and fees are expressed in Australian currency and
exclude all taxes, duties and charges imposed or levied in Australia or
overseas in connection with the supply of Services including but not limited
to the Goods and Services Tax (GST).
3.1 Period of Agreement: For periodic charges with a minimum term, a cancellation fee equivalent to the minimum term, prorated for the remainder of the term, shall apply.
4.1 You must make sure that any materials supplied for inclusion within your
Website do not infringe the copyright, tradename, trademark, ownership or any other
rights of others. You should be the legal owner of such materials or have prepared
adequate evidence of suitable permission being obtained.
4.2 You retain ownership of materials you have supplied for inclusion in your
website including the images, content and data. SheCommerce retains ownership of any
computer source code/design/layouts/templates used to create the site.
4.3 All Intellectual Property used by SheCommerce for the purpose of
creating or executing this agreement, shall remain under the ownership of
SheCommerce.
4.4 If you decide to move your website to another provider, SheCommerce will
be able to assist you by providing all the content/images which were provided by
your business though the Website source code and design will remain under the
ownership of SheCommerce.
5.1 Disclosure: SheCommerce will not disclose to 3rd parties any confidential
data, information or trade secret made known to us by a client, unless with their prior
consent. SheCommerce will not supply a client’s organizational or personal contact
details to 3rd parties for marketing purposeswithout prior consent of the Client (other
than in the normal agreed provision of our Services, involving the publication of
Websites and search engine submissions and/or Website promotion).
5.2 User Identification: Any username or password issued to a Client is
considered confidential and must not be divulged to any other person or organization.
Reasonable precautions should be taken by the Client to protect this information from
discovery by others.
6.1 Compliance: You are responsible for ensuring the content on your Website does
not contravene Australian, state or other relevant laws. You are held liable for any
claims, suits, damages or any other disputes or actions which arise in connection with
your website. You must ensure the accuracy, truthfulness,appropriateness & decency of
any content on your website.
6.2 SheCommerce’s Web Hosting supplier of choice will be either Hostgator or
Crazy Domains. The Web hosting service provided by SheCommerce is bound by the Terms and
Conditions of these companies in addition to any conditions stated in these Terms &
Conditions. SheCommerce may change their Web Hosting supplier at any time without notice
and you will be bound by the terms and conditions of the selected provider.
7.1 SheCommerce will use their best endeavors to meet completion dates agreed,
although any such dates are estimates only. SheCommerce will not be held liable for any
loss or damage as a result of a failure to meet the agreed dates.
7.2 Approval & Modifications: Upon completion of development works, the customer
will be required to sign off on the project giving final approval of the site. Any
subsequent modifications will incur a charge.
7.3 Technical Support: Is defined as telephone support for reporting of faults,
correction of faults, fault resolution and service enquires relating to the Goods and
Services outlined in this agreement.
7.4 SheCommerce will endeavour to provide timely and effective service to the
Customer under the Terms of this agreement. The Customer in return must endeavour to
supply SheCommerce with information required to provision Services under the agreement
in a timely and efficient manner. If SheCommerce is prevented or delayed from delivering
Services under this agreement due to the Customer’s failure to provide timely
information as requested, SheCommerce shall become exempt for any future consequential
breaches of this agreement. Should the delay in obtaining information from the client be
greater than 6 weeks after the original request, SheCommerce have the right to postpone
or terminate this agreement and levy all charges and fees payable.
8.5 Should SheCommerce undertake the renewal of a domain name on your
behalf
where the original
registrar for the domain is different to SheCommerce’s registrar of choice, the
successful renewal of the domain by SheCommerce will be dependent on your
agreement to transfer the domain to our chosen registrar.
8.6 Requests for cancellation of domain registration can be accepted up
to 24 hours after registration of the domain by our registrar. Fees apply for
cancellation of a registered domain.
8.7 Requests to transfer ownership of a domain name to a different entity
will be accepted by SheCommerce, however SheCommerce is bound by the relevant
policies of the appropriate naming authority. Fees may apply for the transfer.
8.8 Official Policy Documentation for the “.au” domain name space can be
located at www.auda.org.au.
9.1 Design Brief: Design is based on information provided by you in the design brief.
10.1 No Liability: SheCommerce have no liability to you or to any other person for: –
(a). Loss or damage caused by use, misuse, lack of availability, interruption or removal of Services or any error or omission of your website. As part of some Services, SheCommerce make marketing information and guidance notes available to clients. SheCommerce will not be held liable for any loss or damages by clients in the application or use of this information.
(b). Acts or defaults of other Suppliers including but not limited to Web Hosting and email hosting provider; or failures within their infrastructure.
(c). Faults or defects in Services which are caused by your own conduct or misuse.
10.2As part of our service, SheCommerce may submit the address of Client sites to internet search engines to achieve better search engine rankings. As SheCommerce cannot in any manner control or influence the workings and policies of 3rd party organizations operating those search engines, it is not possible to guarantee search engine
acceptance or ratings.
11.1 SheCommerce reserve the right to pass onto the purchaser any variations in Australian Import Duty, Sales tax rates or GST rates applicable to the equipment, maintenance and/or service which may occur from the date of order until the date of purchase of the equipment.
12.1 The title of ownership of the Website in this agreement shall not pass to the purchaser until all relevant invoices pertaining to the Web Site have been paid in full.
13.1 Web Site Exclusions & Limitations: The Website is provided on an “as is” basis without warranties of any kind, either express or implied, and is provided whilst you are a SheCommerce Customer. The Website may be removed by SheCommerce upon termination of service. SheCommerce do not review or monitor any Websites linked to your Website and are not responsible for the content or accuracy of any such linked Websites.
14.1 If there are any variations to the Scope of Works as outlined in this agreement, SheCommerce will request permission from you prior to this work proceeding. This request will outline any additional costs for this work.
15.1 The proper law of all contracts arising between the Company and the Customer is the law of the State of Victoria and the parties agree to submit to the jurisdiction of the Courts of that State.
16.1 The Customer agrees to notify the Company in writing of any change of ownership of the Customer within seven (7) days from the date of such change and indemnifies the Company against any loss or damage incurred by it as a result of the Customer’s failure to notify the Company of any change.
17.1The Customer hereby charges its property with the Customer’s indebtedness to the company.
18.1Entire Agreement: This agreement contains the whole understanding between us to the exclusion of any prior or collateral agreements or understandings of any kind relating to the Services Shecommerce provide.