Please read the following Agreement for Web Programmer's Services. Before being provided with the Web Programmer Pty Ltd Service you will need to accept this Agreement.
This Agreement is viewable at any time in the future by clicking on the following website www.webprogrammer.com.au/terms.html
Web Programmer Pty Ltd may from time to time change these Terms and Conditions and the version that is published on the Web Programmer Pty Ltd Website (see above link) should always be taken as the binding and most recent version of this document.
THIS AGREEMENT is for services provided by Web Programmer Pty Ltd ABN 32 102 419 527 to the Client, and commences on the date the Client accepts these terms and conditions.
Web Programmer Pty Ltd will provide the web design, web programming and web hosting service (the Work) as detailed in its offer to the Client for the Term and for the payment specified in the offer.
Additional Services requested above those detailed in the offer will incur additional fees. The fees and time scale for providing Additional Services will be discussed with and approved by the Client before the Work is carried out.
Web Programmer Pty Ltd will provide the web design and web programming service as specified in the Schedule of Work at the price and at the time stated in the acceptance of the Clients instructions to proceed with the Work.
The Client will pay for the Work at the rate specified in writing by Web Programmer Pty Ltd.
All projects will be considered finished 7 days after live installation to the requested hosting environment and final payment will be due.
Client must pay to Web Programmer Pty Ltd Goods and Services Tax at the prevailing GST rate, subject to receipt of a valid tax invoice. GST exempted Clients are required to send in a notice of exemption from the Australian Tax Office.
Web Programmer Pty Ltd reserves the right to recover the cost of outstanding invoices including any legal costs associated with collection.
Web Programmer Pty Ltd will provide the web hosting service to the Client during the Term stated in the offer and for the fee stated provided that the Client pays the fees on time and does not make unauthorised use of the service.
The Client will pay the web hosting at the agreed monthly hosting rate specified in writing by Web Programmer Pty Ltd. The web hosting payment will be due before commencement of the web hosting unless otherwise agreed by Web Programmer Pty Ltd in writing.
Client must pay all telecommunications charges (including STD charges if applicable) for use of Service. Web Programmer Pty Ltd does not assess what telecommunications charges apply to the location from which the Client connects to the web host.
Client must pay to Web Programmer Pty Ltd Goods and Services Tax at the prevailing GST rate, subject to receipt of a valid tax invoice. GST exempted Clients are required to send in a notice of exemption from the Australian Tax Office.
Web Programmer Pty Ltd reserves the right to cancel The Clients hosting by giving The Client 7 days notice.
Web Programmer Pty Ltd will be under no liability to The Client, or any customers of The Client, in regards to any loss of profits or data, consequential loss, interruptions to the service or any damage which may be endured or acquired or which may arise directly or indirectly from the cancellation of the Clients web hosting service.
The Client will be liable to pay for all hosting supplied to, or booked for The Client, or booked by The Client for a third party, up until the time at which the hosting is terminated by Web Programmer or cancelled by The Client.
Web Programmer Pty Ltd reserves the right to recover the cost of outstanding invoices including any legal costs associated with collection.
The Client must not participate in, or allow, any unauthorised use of the Web Programmer Pty Ltd facilities or Services either by the Client, or its employees, or third parties, contractors or customers and in particular, the Client must not engage in any:
The act of sending unsolicited email ("spam" or "junk mail"), or allowing other parties to send such email through your account is not acceptable. Distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited E-mail or spam is also prohibited. You are responsible for sending email in accordance with the current legislation and for following the rules for sending commercial electronic messages. All mailing lists must follow the spam Act 2003 and email messages must only be sent to an email address when the person responsible for that email address has given consent to receiving email messages.
Web Programmer accepts no liability for any losses resulting from using the mailing list applications built by Web Programmer however this may arise. Web Programmer shall not be liable for any damages relating to using the mailing list applications. You understand that compliance with the anti-spam legislation is essential and it is your responsibility to understand the spam legislation and to follow the guidelines.
Web Programmer Pty Ltd treats all client website applications and businesses dealings as confidential. Web Programmer Pty Ltd will not disclose any proprietary information to third parties unless it is deemed necessary for the maintenance of the server and associated programs, or disclosure is required by law.
Web Programmer Pty Ltd maintains the right to manage and control access to systems and information stored within its servers as it deems appropriate, and may vary or suspend the Service.
Web Programmer Pty Ltd may suspend access to the Services if there is a security breach or if there is a malfunction in the Services to preserve data.
Web Programmer Pty Ltd may disconnect a Client from the Company system (forced logout) without notice if there is no use of the server system by that Client for a specified period (presently 30 minutes).
In the event that Web Programmer Pty Ltd suspends the Service, the Service will be automatically terminated 3 months subsequent to the suspension date if the account has not been reconnected prior to this date.
Web Programmer Pty Ltd reserves the right to suspend, without prior notice, some or all of the Service if Web Programmer Pty Ltd, in its absolute discretion, considers that the Client has not complied with one or more of the terms in the Agreement or has otherwise misused or abused the Service or:
Web Programmer Pty Ltd will take all appropriate precautions to safeguard the Web Programmer Pty Ltd Servers and the data contained within, however Web Programmer Pty Ltd will not be held responsible for any loss of Client data stored or intended to be stored on the Web Programmer Pty Ltd Servers and on the back-up devices.
The Client will not be entitled to any form of compensation from Web Programmer Pty Ltd in the event of loss of data.
Web Programmer Pty Ltd will not be held responsible for any delay, non performance, malfunction or any other degradation of performance of the web hosting service caused by any modifications, alterations or amendments due to changes requested or implemented by the Client.
In the event of a total systems failure resulting in the disruption of service to the Internet from the Web Programmer Pty Ltd Servers, Web Programmer Pty Ltd will endeavour to repair and restore the service to the Client as soon as possible. The time taken will depend upon the severity of the system failure and time of detection.
If failure is caused by the Client to whom access to the Web Programmer Pty Ltd Servers was given, the Client shall pay all costs to repair the Client server.
The Client guarantees that it owns, or has licensing rights to use, all information provided to Web Programmer Pty Ltd including any trademarks.
Web Programmer Pty Ltd warrants that its provision of Services to the Client will not infringe any third party's Property Rights.
Client agrees to defend, indemnify and hold Web Programmer Pty Ltd harmless from and against any and all claims, losses, liabilities and expenses (including solicitors' fees) related to or arising out of the Services provided by Web Programmer Pty Ltd to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided here under, or for any content published by Client using the Services.
Web Programmer Pty Ltd will be under no liability to the Client, or any customers of the Client, in regards to any loss of profits or data, consequential loss, interruptions to the service or any damage which may be endured or acquired or which may arise directly or indirectly from this web hosting service, web design service and web programming service.
The Client or customers of the Client will not be entitled to any form of compensation from Web Programmer Pty Ltd in the event of loss of data, consequential loss, interruptions to the service or damage arising directly or indirectly from the web hosting service and web programming services.
As information transmitted through the Internet is generally not confidential, Web Programmer Pty Ltd does not guarantee the protection of the Clients privacy. The Client will take all necessary measures (including changing Clients password from time to time) to protect the secrecy of Clients user identification and/or password. Web Programmer Pty Ltd is not liable for any loss suffered by Client or any third party due to any wrongful or fraudulent use of Clients account by Client or any other person.
If credit card details are stored upon the Web Programmer Pty Ltd web server Web Programmer Pty Ltd will take all care to safeguard these credit card details. However, Web Programmer Pty Ltd will not be held responsible to the Client, or any customer of the Client, for any loss or misuse resulting from the use of these credit card details.
Web Programmer recommends that a secure 3rd party to the Client and Web Programmer process all credit card transactions (ie a secure payment gateway or a bank).
Web Programmer will not be held responsible to the Client, or any customer of the Client, for any loss or misuse resulting from the use credit card details. If you are accepting credit card payments upon your website it is important that you accept the risk associated with credit card transactions and you understand that there are security measures that you should take yourself such as ensuring that no credit card information is stored on your computer or within your website. All credit card transactions need to be transmitted in an encrypted form using the SSL protocol. It is essential that you comply with the online security of the SSL protocol and that the SSL certificate is always valid.
Web Programmer takes no responsibility for the fulfilment of a transaction in any way. Web Programmer accepts no liability for any losses resulting from use of fraudulent transactions howsoever this might arise.
Web Programmer takes all care to create all of the web applications to be robust and secure. However, Web Programmer will be under no liability to the Client, or any customers of the Client, in regards to any loss of profits or data, consequential loss, interruptions to the service or any damage which may be endured or acquired or which may arise directly or indirectly from Web Programmer services.
Web Programmer Pty Ltd requires a minimum of 30 days notice before the intended account termination date. The Client may elect not to continue to receive Web Programmer Pty Ltd Services however fees up to the date of termination will be payable.
Once a Schedule of Work has been agreed and instructions to proceed have been accepted by Web Programmer Pty Ltd, a contract to complete the Work exists. Work may only be cancelled or amended with the agreement of Web Programmer Pty Ltd. In any event the cost of all Work performed by Web Programmer Pty Ltd for the Client, whether used by the Client or not, will be invoiced and must be paid for. Web Programmer Pty Ltd reserves the right to recover the cost of outstanding invoices including any legal costs associated with collection.
Web Programmer reserves the right to terminate a contract.
Web Programmer Pty Ltd retains all copyright and ownership of created software and artwork unless otherwise agreed by Web Programmer Pty Ltd in writing.
Web Programmer Pty Ltd reserves the right to recover the cost of outstanding invoices including any legal costs associated with collection.
Web Programmer Pty Ltd reserves the right to terminate services (without notice) to clients with outstanding invoices, and take whatever means possible to recover Web Programmer Pty Ltd intellectual property and the outstanding debt.
Web Programmer Pty Ltd - Terms and Conditions version 2.3
Tel: 02 4368 4935 | Mobile: 0422 91 84 74 | Email: - Web Programmer Pty Ltd (ACN 102 419 527)