WEBSITE DESIGN / MODIFICATION AGREEMENT (simplified)
Webowow and The Registrant
This agreement is entered into between Webowow (hereinafter referred to as “The Provider”) and The Registrant and its associated personnel (hereinafter referred to as “The Client”)
Definitions and General Clauses
- The Provider is an online service that will provide The Client with Internet Web Creation / Modification Services otherwise referred to as “The Solution” or “The Website”.
- The Client will supply The Provider all manner of information, registration, hosting access, domain names, texts, logos, slogans, testimonials, lists, videos, images, badges, samples, maps, keywords, offers, themes, articles, business advantages, pricing, FAQ, contacts, trading hours, plug-ins, links, and other media and any other material required or requested, otherwise referred to as “The Content” or “Content”
- The Content as requested or as is necessary is duly required for the successful and competent completion of The Solution.
- The fee structure for The Solution to be provided is as delineated in the confirmation email. This can be paid directly into The Provider’s accounts (details bottom of this page)
- This page’s associated online form, duly completed, together with validated payment must be submitted prior to the start of campaign. A 50% minimum deposit must be paid in full prior to the start of campaign before work will commence.
- Subject to the Clients compliance with these terms and the law, this agreement is effected.
- The Provider’s responsibility with respect to The Solution:
- The provision to The Client of an attractive, properly functioning Internet Website
- In the case of a full traditional website as indicated in Webowow website Prices page
- In the case of a one-page website at least 7 sections.
- In other cases as agreed in confirmation emails or pricing schedules.
- For the purposes of receiving professional Solutions, The Client agrees to provide the following for existing websites:
- Log-in access to The website, Client’s existing website, Client’s host and other facilities deemed necessary.
- Permission to make website changes as deemed necessary.
- Permission to communicate and direct associated third parties, (e.g. graphic designers, copywriters etc.) as necessary.
- Access to a website email address for sundry administrative purposes.
- Authorization to use any Client content (e.g. website images, logos, trademarks, pamphlets, videos, etc.) for use as deemed necessary.
- Additional text content in digital format as necessary. The Provider can create website content e.g. Articles at additional negotiated costs.
- The Client ‘s responsibility with respect to The Solution
- All fees, services, documents, recommendations, ideas and processes revealed are strictly confidential
- All fees are non-refundable unless a refund complies with the terms of the guarantee provided within this agreement.
- Webowow is an online service and personal business consultative sessions will not be freely provided and only online accounts, communications, data, documentation etc. will be freely provided.
- If an invoice has not been paid in full by its due date and following notification The Provider reserves the right to suspend, rescind copyright or cancel the solution.
- Further all guarantees, management agreements, error corrections etc. are subsequently voided.
- Webowow only accepts payment as local cash deposits, money orders, PayPal and direct bank transfer.
- Should The Client wish to terminate The Solution a written notice of cancellation is required within 14 days prior to the next billing cycle otherwise refunds will not be issued on any processed charges.
- Limitations of Liability. The Provider has no control over internet hosts with respect to speed, closure, downtime, memory, data storage limits, hosting fee rises etc. Similarly with respect to the website; attack by spamming, hacking, viruses or other like criteria, now or in the future, thus The Provider assumes no liability whatsoever for any such damages or delays imposed should they occur.
- The Provider has no control over the business practices of The Client, economic conditions, or external market forces thus at no time will The Provider assume liability for the sales conversion ability, profitability or economic functioning of The Client’s website or processes.
- Under no circumstances and at no time does The Provider imply The website will gain indexing, traffic or ranking at all on Google or other internet search engines.
- Search engines and some search directories offer expedited listing services for a fee. If The Client wishes to engage in said expedited listing services (e.g., Pay Per Click (PPC), paid directories, etc.) The Client is responsible for all such fees and clause 7b2 equally applies.
- The Provider will not be held responsible or liable for any content, information or media which is published on The Client’s website, other websites or local business listing as part of The Client’s solution, irrespective of whether or not The Provider created, updated or published such information.
- Whilst every attempt will be made to seek approval from The Client prior to content publication it is The Client’s responsibility to monitor such new information for publication appropriateness in a timely manner. Ultimately The Clients accept sole responsibility.
- In no event shall The Provider or their suppliers be liable to breaches of the law through the use of The Client’s solution, including breaches in relation to the spam act, privacy act, or any other act which governs the conduct of The Client’s operations.
- The Clients agree to defend, indemnify, save and hold The Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees asserted against The Provider, their agents, their customers, officers and employees, that may arise or result from any service provided or performed or agree to be performed by The Provider on The Clients behalf or any product sold by The Clients, their agents, employees or assigns.
- The Clients agree to defend, indemnify save and hold The Provider harmless against liabilities arising out of:
- Any injury to person or property caused by any products sold or otherwise distributed on The Client’s behalf or in connection with The Provider:
- Any material supplied by The Clients infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party.
- To the maximum extent permitted by applicable law, in no event shall The Provider or their suppliers be liable to The Client or any other party for any incidental, indirect, special, or consequential damages, loss of data or data being rendered inaccurate, loss of profits or revenue, or interruption of business and in any way arising out of or related to the use or inability to use the solution and/or documentation, regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise, even if any representative of The Provider or their suppliers have been advised or are aware of the possibility of such damages.
- Should the client withhold payment of any kind all rights and ownership of the content will revert back to the Provider, until such a time as payment is effected or permanently if not effected within a period of 60 days.
- Further Research &/or Arrangements. Should The Provider be required to research and/or arrange the provision of or the manipulation of domain names, hosting, images or other Content as delineated in Clause 1b this may be the subject of extra nominal disbursement charges.
- Access to The Content when requested shall be made available in a timely manner to The Provider. Should this not be forthcoming and causes unnecessary delay to The Solution, The Provider may elect to provide “demo” Content to be replaced later at additional charges of $80-$120 per hour.
- Responses to requests to the Client for approval of information shall be made in a timely manner to The Provider. Should this not be forthcoming and causes significant stalling of The Solution, the Provider upon notice may elect to terminate this agreement whereupon The Client will forfeit monies previously paid prior.
- The Client is expected to alert The Provider in a timely manner, of alterations and modifications to The Solution. If extensive renovation or repair of a website or its parts is required or deemed necessary, this may be the subject of additional charges, dependent upon the structure of the said website.
- The Provider is not responsible for changes made to the website by other parties that adversely affect the proper operation of The website. Further all guarantees as part of this agreement shall be deemed void.
- Additional Services not listed herein such as those delineated in Clause 1B and/or managing pay-per click campaigns, website integrity, security, updates etc. will be provided for at an additional fee of $80-$120 per hour.
- The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other creative work provided to The Provider for inclusion on the website above are owned by The Client, or that The Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend The Provider and its sub-agreement formors from any liability or suit arising from the use of such elements.
- The Provider is not responsible for The Client overwriting Solutions already provided to The Client’s website and an additional reconstruction fee of $80-$120 per hour will apply
- Should The Provider be required to perform his/her duties at an accelerated rate or timeframe this may be the subject of extra nominal disbursement charges
The Client’s Name: :_________________________________________________________
The Client’s Principal Address:_________________________________________________
The Client’s Signature ____________________________ Date:_______________________
The Provider’s Name: Webowow
The Providers Principal Address: 302 / 15 Balcombe Road, Mentone, Vic Australia 3194
Signature ____________________________________ Date: _________________________
The Provider’s Direct Debit Info: 303 – 111 0340059