WEBSITE DESIGN & DEVELOPMENT

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ViViDpink Website Terms & Conditions

Definitions

"VP" means ViViDink Design Studios Pty Ltd of PO Box 844, Mudgeeraba QLD 4213 (ABN 65 119 448 770).
"Customer" means any person, company, partnership, organisation or body at whose application, VP agrees to provide the Services under the terms of the agreement.
"Agreement" means the contract between VP and the Customer to which these conditions will apply.
"Services" means the design of a Website in accordance with the Customer's specification.
"Order" means confirmation by the Customer of its acceptance of the quotation given by VP

2. The Contract between you and VP
2.1 You are invited to buy the Services from VP. If you wish VP to provide the Services to you, you will need to confirm your Order whether verbally or in writing following receipt of VP's quotation for the design of the website in accordance with your specification. The Services will be subject to these Terms and Conditions.
2.2 The Order must be accompanied by a deposit of a minimum of 50% of the Price upon invoice.
2.3 A binding contract will only arise when VP has received your Order and deposit from you.
You should only confirm your Order to VP if these Terms and Conditions are acceptable to you without modification.
3. The Price of our Services
3.1 Our charges for any Services ordered by you will be based upon the quotation submitted to you prior to the placing of your Order.
4. The Services
4.1 VP will design and build a website for the Customer based around images and text provided by the Customer.
4.2 The website design service described in the Simple & Sassy Website package consists of a five navigation website built in HTML.
The website design service described in the Corporate & Clever Website package consists of ten navigation website built for CMS.
The website design service described in the Premium & Perky Website package consists of a 20-page website built for CMS.
4.3 For additional payment based upon the quotation further HTML pages will be added to the website.
4.4 Alternatively if in the Order the Customer so specifies a website may be designed and built using VP's Content Management System (CMS).
4.5 A single page of the website will be designed and submitted to the Customer for approval of the overall design of the website. Once the Customer has approved the design of this page, any alteration will result in an additional charge being made in accordance with the quotation.
5. Performance of the Services
5.1 VP will use its best endeavours to complete all Services within any agreed timescale or within a reasonable period.
5.2 The design and building of the website will commence upon the receipt of the deposit and the provision of the images and text by the Customer and will be completed when the Customer gives written notice to VP of approval of the website.
5.3 Time shall not be of the essence.
5.4 On completion of the Service, the website will be uploaded to a temporary URL for approval by the Customer.
5.5 VP reserves the right to delay uploading of the approved website to its hosting server or supply of the website files to the Customer for use on any hosting server other than that provided by VP until full payment has been received.
5.6 Once the website is approved by the Customer, VP is not responsible for any errors or downtime caused as a result of changes made to the website by the Customer or by any third parties on behalf of the Customer.
5.7 Any web site designed by VP and built using VP's Content Management System (CMS) is designed to fully function with VP's hosting service. VP recommends that the Customer's domain name is transferred to VP's hosting service but, should the Customer host their domain name elsewhere, VP will provide the required files to the Customer; VP is not responsible for uploading or implementation of the CMS on any hosting service other than that provided by VP unless instructed in first quote.
6. Payment
6.1 Upon acceptance of the Customer's Order by VP the full cost of the selected Service shall be due and payable.
6.2 A deposit of a minimum of 50% of the Price will be made with the Order.
6.3 The balance of the Price including any additional fees for Services provided shall be paid upon completion of the Services. The website will not be transferred to the permanent server until payment in full has been received.
6.4 VP will accept written notice of termination of the Agreement but will not be required to make any refund to the Customer or give credit for any uncompleted element of the Services.
6.5 Any unpaid balance of the Price as at the date of termination shall be immediately due and payable and VP shall be entitled to recover payment upon demand.
6.6 VP accepts single payments by cheque (payable to "ViViDpink Design Studios Pty Ltd"), Visa, MasterCard and Direct Debit. Without limitation, VP does not accept payment by American Express, Diners Club. VP reserves the right to withdraw any payment methods at any time and to vary its prices without notice to you.
7. Intellectual Property Rights
7.1 All intellectual property rights in the website, its functionality, and any design work, documents or drawings are vested in and at all times remain the property of VP.
7.2 The Customer acknowledges that VP may and is by the Agreement licensed to use any information provided by the Customer to enable VP to produce the website.
8. Your Obligations to Us
8.1 The Customer will promptly provide to VP (free of charge) any information that VP may reasonably require to enable VP to proceed with its obligations under the Agreement.
8.2 The Customer shall be responsible for ensuring that all material provided to VP is accurate and is either owned by the Customer or that the Customer has permission of the owner for the material to be used in relation to the provision of the Services.
8.3 It is a legal requirement that all websites run by a business (including sole traders who are using a website to promote/provide information about their business) should state the following information:
(a) the company/service provider's name and the company's name, if different;
(b) the company's place of registration (eg QLD, Australia);
(c) the company's registered number;
(d) the geographical address at which the service provider is established and the address of the company's registered office, if different;
(e) the service provider's email address to enable it to be contacted rapidly and communicated with directly;
(f) where the service provider undertakes an activity that is subject to ABN or ACN, its ABN or ACN registration number;
(g) if prices are referred to on the website, the price of the goods/services, making it clear whether these are inclusive or exclusive of GST and delivery costs;
(h) if the company is exempt from the requirement to use the word "limited" as part of its name, the fact that it is a limited company;
(i) if applicable, the fact that the company is an investment company;
(j) where the service provider is registered in a trade or similar public register, the trade register in which the service provider is registered and the registation number
(or equivalent means of identification in the register);
(k) where the service provider's activity is subject to an authorisation scheme, the particulars of the relevant supervisory authority;
(l) where the service concerns "regulated professions":
* the professional body or relevant supervisory authority with which the service provider is registered;
* the professional title and the Member State where it has been granted;
* a reference to the applicable professional rules in the Member State of establishment and the means to access them (eg by means of a hyper text link).
The Customer undertakes to provide VP with all the relevant information to comply with this requirement.
8.4 The Customer agrees that any website designed and built by VP will display the phrase "designed and developed by ViViDpink Design Studios" and provide a link to the VP website at http://www.vividpink.com.au
8.5 The Customer shall promptly pay to VP all payments due under the Agreement.
8.6 The Customer acknowledges that it will indemnify VP in respect of any losses, costs or claims incurred by VP as a result of any breach by the Customer of these obligations.
9. Our Liability to You
9.1 VP's obligation is limited to the provision of the Services.
9.2 Whilst VP believes that the website will benefit the Customer VP gives no express or implied warranty as to the effectiveness of the website as a mode of benefiting the Customer.
9.3 VP accepts liability to the Customer for any direct loss that the Customer suffers due to a breach by VP of its duty to exercise reasonable skill and care in the provision of the Services. VP also accepts liability to the Customer for any direct loss that it suffers because the Customer is injured or dies as a result of VP's negligence.
9.4 The Customer acknowledges and accepts that VP will have no further liability to the Customer whether in contract, tort, breach of statutory duty or otherwise.
9.5 The Customer acknowledges and accepts that VP makes no warranty and has given no representations of any kind beyond those contained above.
10. Termination
VP shall have the right to terminate the Agreement if:
10.1 the Customer shall be in breach of its obligations to VP pursuant to paragraph 8.
10.2 the Customer shall fail to approve the website without reasonable cause within a reasonable period.
11. Governing Law and Jurisdiction
11.1 The Agreement shall be given by and interpreted in accordance with Australian Law.
11.2 VP and the Customer acknowledge that the Courts of Australia shall have exclusive jurisdiction to settle any dispute which may arise in connection with the Agreement.


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