Web, Design, SEO and other Hobbies

1. Provision of Services
   1. GWDesign (Mailing Address: PO Box 397, Pendle Hill NSW 2145) will provide you with the agreed services as set out via our communications and if requested, provided in a formal document specifying the work to be performed.
   2. Only those services agreed/mentioned will be provided by GWDesign and any amendments or add ons must be agreed to either via email or in writing. This and the following clauses are the General terms and conditions on which those services are supplied and together with the Final Invoice forms the total agreement between us.
2. Costs and Payments
   1. Quotes provided by GWDesign may change at any time and without notice. Quote estimates are only valid for a period of 30 days from the date of the quotation.
   2. You must pay all charges as set out in the Final Invoice which will be emailed in PDF format to your preferred email address. All accounts are payable within 21 days of invoice.
   3. You will be liable to pay overdue interest at 5%/week on any amounts not paid within 21 days of the invoice. All intellectual property rights remain with GWDesign until payment.
   4. You must pay GWDesign’s charges without any set off, counter claim or deduction unless same is agreed in writing between us.
   5. No final artwork or files will be delivered until the Final Invoice has been paid in full. Sorry, payment by cheque is not accepted. Upon payment delivery can be classified as supplying final artwork digital files to a printer; delivery on a CD/DVD disk, via email in a ZIP file or uploaded to a nominated ISP account. Construction files remain the property of GWDesign unless arranged otherwise.
3. Limitation of Liability
   1. All terms conditions, warranties, undertakings inducements and representations, whether express or implied, statutory or otherwise relating to the provision of services by GWDesign not contained in the Agreement are excluded and GWDesign WILL NOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL LOSS OR DAMAGE) HOWEVER CAUSED (WHETHER BY NEGLIGENCE OR OTHERWISE) WHICH MAY BE SUFFERED OR INCURRED OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY with respect to the service.
   2. Where any applicable legislation implies any term, condition or warranty into the Agreement or in respect of GWDesign’s relationship with you, or otherwise gives you a particular remedy against GWDesign and the legislation or any other legislation renders void or prohibits provisions excluding or modifying the application of, exercise of, or liability under such implied term, condition, warranty or remedy will be deemed to be included in the Agreement or as the case may require apply to the relationship between GWDesign and you. However, GWDesign’s liability for any such breach of such implied term, condition or warranty or under such remedy, will be limited, at GWDesign’s option, in any one or more of the ways permitted in that legislation, including, where so permitted if the breach relates to Services the supplying of those services again or the payment of the cost of having those Services supplied again.
   3. You acknowledge that web sites cannot be guaranteed to be 100% error free in construction and/or 100% secure, and acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate this agreement.
4. Suspension of Services
   1. GWDesign reserves the right to suspend services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us websites may be taken down until payment is confirmed.
5. Termination
   1. GWDesign may discontinue services if an amount payable to GWDesign is overdue or take down a website permanently in any case where an amount payable is overdue by more than 30 days. In any such event, you remain liable for the total cost agreed upon including all disbursements; unless otherwise agreed between the parties.
6. Contents of Web Pages and Undertakings
   1. You will be solely responsible for the content of your Web Page/undertakings. GWDesign is not responsible for proofreading any content unless specifically agreed.
   2. GWDesign makes no representations to you concerning the content or functionality of your Web Site. This is your responsibility to ensure that it meets your requirements.
   3. If you provide GWDesign with goods, material, photographs, film, data or information to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify GWDesign against any action taken against GWDesign by any such third party. Without limiting the generality of the foregoing, you agree not to infringe the copyright trademark, privacy or personal or proprietary rights of third parties, supply libelous, abusive, obscene material or disparage the products or services of any third party.
   4. GWDesign for its part hereby undertakes not to knowingly infringe the rights of third parties in activities conducted on your behalf. You are solely responsible for dealing with persons who access your data or webpage and warrant that you will not refer complaints or inquiries in relation to such data to us.
7. Technical Support, Changes and Maintenance
   1. Technical assistance via email will be offered 7 days a week, excluding public holidays and the period of Christmas Eve until the first business day after New Years Day. All assistance requests will be answered by the following business day, and extensive queries taking more than 15 minutes to deal with or site maintenance will be charged at hourly rates.
8. Web Hosting
   1. GWDesign does not currently offer any Web hosting service. The hosting of your site will be done either by a hosting provider the client has organised or if requested, GWDesign has a recommended web hosting parter (Jumba). Please note that GWDesign accepts no responsibility for delays or down time, breakdowns or data loss caused by Internet Service Providers (ISPs)
9. Dispute Resolution
   1. The parties agree that if any dispute should arise under this agreement, attempts in good faith by both parties will be made to resolve the matter fairly before resorting to court procedures. In doing so, each party agrees to use its best endeavours to:
      • Clearly communicate in writing the background facts leading to or causing the dispute
      • Set out clearly what action is required to settle the dispute
      • Select a way of resolving the dispute and explain why that way of resolving the dispute can be said to be a fair resolution
      • Discuss specific means of avoiding such disputes in the future
   2. Attempts to resolve the dispute must follow the following procedure:
      • The person complaining shall set out in writing the background, the issues and the outcome desired.
      • The person to whom the complaint is addressed will reply in writing within 10 business days to each issue in dispute setting out its perspective on the issue and the outcome desired.
      • If the dispute is not resolved in accordance with this exchange of written issues and outcomes, the matter shall be referred to a single agreed arbitrator within 10 business days; whose decision shall be final.
      • In the case of disagreement on the appointment of a single arbitrator, then the complaints will be forwarded to Blacktown Local Court and the court will appoint a Small Claims Assessor (for amounts $10,000 and under) or a hearing with a magistrate (for amounts under $60,000 but above $10,000).
      • Action taken to settle the dispute at each stage must be undertaken promptly and the parties shall equally share the costs associated with the dispute settlement procedure.
10. Intellectual Property
    1. All creation files remain the property of GWDesign. GWDesign retains the Copyright in and the right to use all artwork created in advancing the profile of GWDesign and to be recognized for artwork created by GWDesign.
    2. GWDesign shall be free to reproduce, use, disclose display exhibit, transmit, perform and distribute any item from your website unless specifically agreed otherwise. Further, GWDesign shall be free to use any ideas, concepts or techniques acquired in the construction of sites for any purpose whatsoever, including but not limited to developing new websites unless specifically agreed otherwise.
    3. GWDesign observes Privacy Laws and Guidelines relating to personal data.
    4. Any code or original graphics developed by GWDesign including but not limited to HTML, Audio, Video, JavaScript, Server-Side Scripting (ASP, PHP, Perl, dotNet etc.), Database Design and Development, and Data Collection are licensed to the client for use in their own single website. It cannot be copied, reused or resold without the written permission of GWDesign. Original graphics created for use in the proposed website cannot be re-used in any other website or for other promotional media including brochures, press or other advertisements without our express written permission and/or additional fees.
11. General
    1. If any of these terms and conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of the Agreement between us. The remaining terms and conditions remain in full force and effect.
    2. Written communications between us may take the form of letters, formal documents, faxes or emails.

Originally Published: 2006/04/11