Registration Australia - Terms and Conditions
The Legal Stuff
Terms and Conditions
All services provided by the company to the Client are subject to the following terms and conditions.
Prior to using our services you should familiarise yourself with these terms and conditions. Use of our services will indicate that you have read and agreed to these terms and conditions.
These terms and conditions may change at any time without notice.
Definitions in these Conditions:
- "Client" or "the client" or "you" or "your" means any company, subsidiary, firm or individual or agent thereof who orders any service offered and supplied by the company.
- "the Company" or "Registration Australia" or "RA" means Registration Australia
- "Services" or "service" means any graphic design, website design, website development, website programming, e-commerce solutions, website hosting, email hosting, adwords services, web applications or any other service offered to and supplied to the Client by the Company.
- "Monthly services" or "monthly service" means any website hosting, email hosting, domain management or any other service charged to the Client on a monthly basis
- "Proposal" means the written Quotation of the services to be provided by the Company.
- "Project" means the Services to be undertaken by the Company as outlined in the Proposal and any variation to the Proposal as agreed from time to time.
- "Support" or "support work" means any work to be undertaken by the Company that is charged under an hourly rate
- "Quotation" or "quote" means the written Quotation of the Services to be provided by the Company to the Client
- "Stage" means the stage or stages of the project as referred to in the Proposal.
- "Invoice" means Tax Invoice payable for all works completed as per the Client approved Quotation.
- "out of scope" means any work which is not included or expected by the Company within a Quote for services to the Client
- "Completed" means all works outlined on the Invoice are complete and operational irrespective of Content provision or population.
- "3rd party" or "third party" refers to an entity that is not a direct or principal party to a contract but stands to benefit from its performance, or has legally enforceable rights under it.
Projects, Proposals & Quotations
- A Proposal is based on an estimate of the time and resources that is likely to be required to carry out each stage of the Project. If at any stage during the Project it becomes apparent that significant additional time and resources will be required, the Client will be provided with a quotation before the commencement of the extra work.
- All proposals and quotations supplied by the company are valid for the period of time outlined in the proposal only.
- The fees and costs quoted for a Project are estimated based on the information contained in the Quotation. Any details that are varied after the approval of a Quotation may impact on the fees and costs that the Company has quoted for a Project. The Company reserves the right to charge additional fees and costs where such changes occur. Any additional fees and costs will be quoted prior to the commencement of work.
- For a proposal or quotation to be accepted by the Client, the Client must provide written approval to the Company. This can be in the form of a letter or email sent to the Company.
- For a Project to proceed, the Client must agree to the proposal in writing. This can be in the form of a letter or email sent to the Company. A deposit will also be required before any commencement of work, see payment terms below.
- Acceptance by the Client of a quotation or proposal is subject to acceptance of the Company's terms and conditions in this Terms and Conditions, unless specifically agreed in writing between the Client and Company to the contrary.
- Unless otherwise agreed, the Client will be invoiced for a Project in 3 stages
- Unless otherwise agreed, the Client will be invoiced for a Project in percentages as outlined in these terms
- The first invoice for 50% of the total of the Proposal quotation will be sent and payable on receipt of invoice and prior to any commencement of work
- The second invoice for 40% of the total of the Proposal quotation will be sent at the mid-point of the project or at a time deemed payable by The Company, to be paid by the client within the terms of the invoice.
- The third invoice for 10% of the total of the Proposal quotation will be sent at the completion of the Project and is payable within the terms of the invoice
- Additional payments may be requested by The Company to be paid by the Client at any time during the Project if the Company deems any work to be out of scope
- Additional payments may be requested by The Company to be paid by the Client which will be outlined on the proposal and may be required to be payed by the Client before further development on the Project continues
- The terms of payment may only be adjusted upon written request by the Client and approval by The Company
- Should the Company be unable to complete the website within the agreed timeframe due to the Client's inability to supply the necessary documentation, images etc., then it will be at the Company discretion to issue an interim invoice for any work completed to date. The Client agrees to pay this amount within 15 days of the invoice date
- Payments for projects can be made by bank transfer or credit card
- The website is considered to be finished when it is made live, unless otherwise agreed upon in writing by parties involved
- Once the website is made live, all remaining costs will be invoiced to the client and the client agrees to pay this amount within 15 days of the invoice date.
- Payments for support work can be made by bank transfer or credit card
- All support costs are payable within 15 days of the invoice date
- Failure of the Client to make payment for any services the Company has provided may result in the termination of those said services without notification to the Client
- Failure of the Client to provide relevant billing information in order for the Company to process payments owing may result in the suspension or termination of services and support without notification to the Client
- Furthermore, if payment is not made for services and work provided by the Company within 15 days of the invoice date, the Company reserves the right to remove any unpaid work that has been done
- Where any invoice is unpaid or partially paid, any service or support provided by the Company to the Client remains the property of the Company until full payment is received
The Company shall be entitled to charge fees in addition to those quoted in the Proposal in respect of:
- Additional work carried out by the Company arising from but not limited to alterations to the original brief, as requested by the Client. In this case, the additional charge will be calculated based on an hourly fee;
- All costs and expenses incurred by the Company in providing the services, that may include but are not limited to: typesetting, photography, image scanning and retouching, illustrative works, artwork, mechanicals, model-making and any other artwork costs and any out-of-pocket expenses properly incurred by the Company or its employees, agents or nominees in the fulfilment of the Order including hotel and travel expenses;
- Performance of the Services in circumstances other than those normally pertaining to such a Project, in which case the Company shall be entitled to reasonable costs in the circumstances; and
- The reasonable costs incurred in cases where there is a change in the Services, timing or order of the Services.
- Wherever possible the Company will attempt to highlight outside fees and costs within our Quotation. However, instances may arise where additional expenses may be incurred.
Goods and Services Tax
In this clause the expressions "adjustment note", "consideration", "GST", "supply", "supplier", "tax invoice", "recipient" and "taxable supply" have the meanings given to those expressions in the A New Tax System (Goods and Services Tax) Act 1999. For the avoidance of doubt, "GST" includes any penalties or additional tax imposed in relation to the GST (Goods and Services Tax).
- Unless otherwise expressly stated, all charges or other sums payable or consideration to be provided under this agreement are exclusive of GST.
- If a supply is made to which GST applies or is varied under this agreement, the supplier must provide the recipient of the supply a valid tax invoice or adjustment note at or before the time of payment or variation.
- If the amount of GST paid or payable by the supplier on any supply made under this document differs from the amount of GST paid by the recipient, because the Commissioner of Taxation Lawfully adjusts the value of the taxable supply for the purpose of calculating GST, then the amount of GST paid by the recipient will be adjusted accordingly by a further payment by the recipient to the supplier or the supplier to the recipient, as the case requires.
Clients are liable for all backups for their data unless otherwise agreed in writing.
- Email Hosting has a 14 day retrieval system after you cancel your account but no other backups are performed.
- Exchange Hosting has a 14 day retrieval system after you cancel your account but no other backups are performed.
- Websites are backed up on a weekly basis.
- Should the Client wish to cancel their proposal acceptance, then the company will invoice the client for any work completed to date and any payments already made are forfeitted by the Client.
- The client must advise the company by email, or in writing of the request not to proceed with the work.
- The company reserves the right to cancel a project at any time with notice given in writing to the client. The client also has the right to cancel their project at any time with notice given in writing to the company.
- The Company shall be entitled to treat any contract as terminated if the Client is in breach of any terms or conditions thereof which in the case of a breach capable of remedy is not remedied within fourteen (14) days of the Client receiving written notification from the Company indicating the breach and requiring its remedy. In such an event the company shall retain the Copyright in Services even if the Company had previously agreed to assign the Copyright in Concepts and Designs, and in this case the agreement to assign the Copyright to the client shall be deemed to be revoked.
- Termination due to a breach of these terms and conditions by the Client pursuant to this clause shall not in any way prejudice such rights as the Company may have to seek payment for Services rendered or any other rights provided for under these Conditions.
This requirement applies to websites designed and constructed by the Company and/or website's hosted by the Company. The Company will comply with all requests from Australian and State Government authorities to close down any site under its control.
- Clients are required to ensure that the content of their website meets all current Australian legislation regarding publications.
- The Client shall further indemnify the Company in respect of any claims, costs and expenses that may arise from any material included in their website by the Company at the Client's request.
- The Client will obtain all necessary permissions and authorisations in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material supplied by the Client to be placed on the website by the Company.
- Supply of above mentioned material by the Client shall be regarded as a guarantee by the Client to the Company that all such permissions and authorisations have been obtained.
- No responsibility will be accepted by the Company for damages to or losses incurred by the Client from the use of material for which the required permission or authorisations has not been obtained.
- No responsibility will be accepted by the Company for damages to or losses incurred by the Client from the use of Client supplied material which may or may not have been plagiarised by the Client.
- All original graphics designed and supplied by the Company, remain the property of the Company until the Client's account has been paid in full, at which time ownership and copyright of said graphics will reside with the Client.
- All custom computer code and algorithms used throughout the site remains the property of the Company.
Data Errors & Liability
- The Company will exercise all due care to ensure that sites worked on by the Company are free of errors.
- The Company will correct any errors made by their staff in the course of working on a Client's site.
- It is the Client's responsibility to carry out a full review of the website prior to publishing to the final "live" host server. Once the Client confirms that the website is complete (takes responsibility for content and operation), the website will be published on its designated final "live" host server.
- During the review period before the website is published to the live server it is the Clients responsibility to notify the Company if there are any errors on the website. If these errors are not addressed to the Company prior the website being published to the live server, additional costs to the Client may be incurred.
- The Company does not accept any responsibility for losses or damages arising from errors within any site, or for losses or damages arising from a site that is not placed “live” on the Internet.
Direct and Indirect Loss
- Any claim for direct or indirect loss incurred by the Client arising out of the performance or non-performance of the Services by the Company, whether under the law of contract tort or otherwise shall be excluded to the extent allowed by law.
- Copyright in all proposals, reports, specifications, and other documents provided by the Company in connection with the Services shall remain vested in the Company.
- If during the course of providing the Services, the Company develops, discovers, or first reduces to practice a concept, product or process which is capable of being patented, then such concept, product or process shall be and remain the property of the Company and the Client shall not use, infringe or otherwise appropriate the same without first obtaining the written consent of the Company.
- If the Proposal provides for the Intellectual Property in the finished product of the Services to pass to the Client, then such property shall so pass only upon completion of the Project and the payment of the fees and costs owed to the Company by the Client.
- If the Company and the Client agree to the assignment of the Copyright or any other proprietary rights in Services by the Company to the Client, the Company shall assist the Client in any subsequent application for design registrations. All costs in connection therewith shall be borne by the Client who shall also reimburse to the Company any costs or expenses incurred by the Company.
- It is the responsibility of the Client to carry out any legal searches, checking and registration of Concepts and Designs. All costs in connection therewith shall be borne by the Client who shall also reimburse to the Company any costs or other expenses incurred by the Company.
Extent of Warranty
- The Company does not give any warranty nor accept any liability in relation to the performance or non-performance of the Services except to the extent, if any, required by law or specifically provided for in these Conditions.
- If apart from this Clause any warranty would be implied whether by law, custom or otherwise, that warranty is to the full extent permitted by law hereby excluded.
- Nothing herein contained shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any goods or services pursuant to this Agreement of all or any of the provisions of Part V of the Trade Practices Act 1974 (as amended) or any relevant State Act or Territorial Ordinance which by law cannot be excluded, restricted or modified.
- The Company agrees to repair a website if it deems the problem derives as a result of poor workmanship by the Company and if the Client makes their claim within 30 days of the project completion date. Repair work will only be carried out according to projects specs outlined on the accepted Proposal and not on aspects of a project that are unrelated to the works of the Company and its promise agreed upon in the accepted Proposal. Repairs to Content are not covered under this warranty and are the responsibility of the Client. Additional charges will apply if repair work is requested to aspects of a project that are outside the control of the Company and its service offering.
- The Company does not and can not provide warranty on websites viewed on browsers not included in our service offering. Website browsers covered by our 30 day warranty period are all current versions (at that time) of Safari, Firefox, Google Chrome and Internet Explorer. All other browsers are not guaranteed to be operating perfectly and nor do we claim them to be as our websites are programmed to be optimised in the mainstream browsers mentioned herein. This warranty period offers cover for up to and including 30 days from the date your website went live to the world wide web (www).
Third Party Services
- The Company may require the usage of third party services - for example, credit card processing, stock photos etc..- to complete the Client's project requirements and will ensure these services are integrated into the project and working correctly upon completion.
- The Company will not be held responsible for subsequent changes or issues with these third party services that may result in issues on the Client's website and may require an additional charge before resolving any problems that may arise.
- Where third party services are used for services to the Client from the Company such as Search Engine Optimisation Services, the company may need to provide Client details to these third party services. By commencing such services with the company the client is agreeing to allow the company to provide the Clients business details.
- It is the Client's responsibility to inform the Company of any personal or business information that they do not want shared with third party's.
- The Company will never share credit card details, personal phone numbers, personal addresses or any other personal information that may compromise the Clients security, unless the Client has provided express written consent.
- The company may purchase with consent of the Client, plugins, extensions, components and modules on behalf of the Client and voids any responsibility for the quality of the plugins, extensions, components and modules.