Terms and conditions

Please read the appropriate terms and conditions carefully.

Terms and conditions are subject to change

Last updated : Jun 19, 2014

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Terms & Conditions – Website design services

All Websites designed by Wild Web Design are subject the the following terms and conditions:

DEFINITIONS

Agreement means the Project Proposal, Terms and Conditions and any other attached documents.
Project means the scope and purpose of the Client’s identified usage of the work product as described in the Project Proposal.
Services means all services and the work product to be provided to Client by Designer as described and otherwise further defined in the Project Proposal.
Final Deliverables means the final versions of Deliverables provided by Designer and accepted by Client.
Deliverables means the services and work product specified in the Project Proposal to be delivered by Designer to Client.
Client Content means all materials, writing, images or other creative content provided by Client used in preparing or creating the Deliverables.
Third Party Materials means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration.
Designer Tools means all design tools developed and/or used by Designer in performing the Services, including pre-existing and newly developed software including source code, Web authoring tools, type fonts, and application tools, together with any other software, or other inventions whether or not patentable, and general non-copyrightable concepts such as website design, architecture, layout, navigational and functional elements.

DESIGNER SERVICES

Wild Web Design shall perform the services listed the Scope of Work according to the Project Proposal and Milestones schedule.

1. PROPOSAL

The terms of this Agreement expires thirty (30) days after being submitted to Client. If this Agreement expires, Wild Web Design may modify the Agreement and resubmit it to Client.

1.1 PACKAGE DEALS PROPOSAL

Clients purchasing any package deal accept the conditions of the package itself as the project proposal.

2. COMPENSATION

Client agrees to pay Wild Web Design the fees listed in the Project Proposal, including all taxes. Client will pay Wild Web Design expenses, including but not limited to:

(a) Incidental and out-of-pocket expenses at cost plus Wild Web Design’s standard markup of fifteen percent (15%);
(b)Travel expenses, other than normal commuting, but including airfare and rental vehicles, with client approval. Pricing in the Project Proposal includes only Wild Web Design fees. Any other costs, such as hosting, art licensing or photography, will be billed to Client unless otherwise specified in writing.

3. PAYMENT

Payment is due when Wild Web Design completes each milestone as listed in the Work Plan and Milestones schedule, and Client accepts the Deliverables for that milestone. All invoices are payable within fourteen (14) days of receipt. Invoices shall list any expenses and additional costs as separate items.

3.1 PACKAGE DEALS

In the case of package deals, payment is required in full prior to commencement of work on the project unless alternative arrangements have been made. At the end of any initial free period included with the package, the client will automatically be billed the monthly fee as outlined in in the package proposal. In order to receive the 2 months free, the client must choose to pay an annual lump sum payment.

4. LATE PAYMENT

A monthly service fee of 1.5 percent, or the maximum allowed by law, is payable on all overdue balances. All grants of any license to use or transfer ownership of any intellectual property rights under this Agreement are conditioned on full payment, including all outstanding Additional Costs, Expenses, Fees, or any other charges.

5. CHANGES TO PROJECT SCOPE

If Client wants to change the Scope of Work after acceptance of this Agreement, Client shall send Wild Web Design a written Change Order describing the requested changes in detail. Within five (5) days of receiving a Change Order, Wild Web Design will respond with a statement proposing Wild Web Design’s availability, additional fees, changes to delivery dates, and any modification to the Terms and Conditions. Wild Web Design will evaluate each Change Order at its standard rate and charges. Client will be provided an estimate for the additional proposed work. Such charges shall be in addition to all other amount payable under this Agreement, despite any maximum budget, contract price or final price identified. Wild Web Design may extend or modify any delivery schedule or deadlines in the Agreement as may be required by such changes. Client will have ten (10) days to respond in writing accepting or rejecting the new proposal. If Client rejects the proposal, Wild Web Design will not be obligated to perform any services beyond those in the original Agreement.

6. DELAYS

Client shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by Client will result in a day-for-day extension of the due date for all Deliverables. Any delay caused be conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, acts of God, labor disputes, riots, acts of war, terrorism and epidemics.

7. EVALUATION AND ACCEPTANCE

Client shall, within five (5) business days after receiving each Deliverable, notify Wild Web Design in writing of any failure to comply with the specification of the Project Proposal or of any other objections, corrections or changes required. Wild Web Design shall, within five (5) business days of receiving Clients notification, correct and submit a revised Deliverable to Client. Client shall, within five (5) business days of receiving a revised Deliverable, either approve the corrected version or make further changes. If after three (3) corrections by Wild Web Design, Client finds the Deliverables are not acceptable, Client may terminate this agreement subject to the termination clauses of this Agreement. If Client fails to provide approval or comments during any approval period, those Deliverables will be considered approved and accepted. All objections, corrections and changes shall be subject to the terms and conditions of this Agreement.

8. ACCREDITATION AND PROMOTION

Wild Web Design shall be entitled to place accreditation, as a hyperlink, in the form, size and location as incorporated by Wild Web Design in the Deliverables on each page of the Final Deliverables. Wild Web Design retains the right to reproduce, publish and display the Deliverables in Wild Web Design’s portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.

9. CONFIDENTIAL INFORMATION

All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only used as needed to perform this Agreement. Confidential Information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure.

10. RELATIONSHIP OF THE PARTIES

Wild Web Design is an independent contractor. Wild Web Design shall determine, in its sole discretion, the manner and means by which the Services are accomplished. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Wild Web Design and the work product or Deliverables prepared by Wild Web Design shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.

11. REPRESENTATIONS AND WARRANTIES

Client represents and warrants to Wild Web Design that to the best of Client’s knowledge, use of the Client Content does not infringe the rights of any third party. Wild Web Design represents and warranty to Client that to the best of Wild Web Design’s knowledge, the Deliverables will not violate the rights of any third parties.

EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES STATED IN THIS AGREEMENT, Wild Web Design MAKES NO WARRANTIES WHATSOEVER. Wild Web Design EXPLICITLY DISCLAIMS ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE PROJECT.

12. INDEMNIFICATION AND LIABILITY

Client shall indemnify Wild Web Design from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party due to materials included in Deliverables at the request of the Client.

THE SERVICES AND THE WORK PRODUCT OF Wild Web Design ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF Wild Web Design, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“Wild Web Design PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF Wild Web Design. IN NO EVENT SHALL Wild Web Design BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY Wild Web Design, EVEN IF Wild Web Design HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

13. TERM AND TERMINATION

This agreement shall begin when both parties sign and shall continue until all Services are complete and delivered, or until the Agreement is Terminated. Either party may terminate this agreement at any time, on thirty (30) days prior written notice if the other party breaches any of its material responsibilities or obligations under this Agreement and fails to cure that breach during that thirty (30) day period. Either party may terminate this agreement at any time, on written notice to the other party, if the other party ceases to conduct business in its normal course; makes an assignment for the benefit of creditors; is liquidated or otherwise dissolved; becomes insolvent; files a petition in bankruptcy; or a receiver, trustee, or custodian is appointed for it. In the event of termination, Client shall pay Wild Web Design for the Services performed through the date of termination in the amount of a prorated portion of the fees due. Client shall pay all Expenses, Fees, and Additional Costs incurred through the date of termination.

14. LICENSE

Wild Web Design grants to Client a non-exclusive, perpetual and worldwide license to use and display the Final Deliverables in accordance with this Agreement. The rights granted to Client are for use of the Final Deliverables in its original form only. Client may not change, create derivative works or extract portions of the Final Deliverables.

15. PRELIMINARY WORKS

Wild Web Design retains all rights in and to all Preliminary Works. Client shall return all Preliminary Works to Wild Web Design within thirty (30) days of completion of the Services. All Wild Web Design Tools are and shall remain the exclusive property of Wild Web Design. Wild Web Design grants Client a nonexclusive, nontransferable, perpetual, worldwide license to use the Wild Web Design Tools solely to the extent necessary with the Final Deliverables for the Project.

16. SUPPORT SERVICES

During the first three (3) months following expiration of this Agreement, Wild Web Design shall provide up to twenty (20) hours of Support Services at no additional cost to Client. Support Services means commercially reasonable technical support and assistance to maintain and update the Deliverables, including correcting any errors or Deficiencies. Requests for additional support will be billed on a time and materials basis at Wild Web Design’s standard rate. The services in the Warranty Period and do not include enhancements to the Project or other services outside the scope of the Proposal.

17. ALTERATIONS

Alteration of any Deliverable is prohibited without the express permission of Wild Web Design. Wild Web Design will be given the first opportunity to make the required alterations. Unauthorized alterations shall constitute additional use and will be billed accordingly.

18. DISPUTE RESOLUTION

Parties agree to attempt to resolve any dispute by negotiation between the parties. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties. The prevailing party shall be entitled to recover its attorneys’ fees and costs in any dispute resolved by binding arbitration or litigation.

19. GENERAL

Modifications to this Agreement must be in writing and signed by both parties. Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach. All notices under this Agreement shall be given in writing either by: (a) Fax or Email, with return confirmation of receipt; (b) Certified or Registered mail, with return receipt requested. Notice will be effective when received, or in the case of email or fax, on confirmation of receipt. Rights or obligations under this Agreement shall not be transferred, assigned or encumbered without the prior written consent of the other party. This Agreement shall be governed by the law of NSW. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Where possible the invalid or unenforceable provision shall be interpreted in such manner as to be effective and valid under applicable law. Headings and numbering used in this Agreement are for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of this Agreement, and shall not have any legal effect. This Agreement is the entire understanding of the parties and supersedes all prior understandings and documents relating to the subject matter of this Agreement.
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Wild Web Design Terms and Conditions – Hosting Services (“Agreement”)

Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using http://wildwebdesign.com.au (“the Site”) operated by Wild Web Design (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://wildwebdesign.com.au.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
1. Definitions
1.1. “Account” means the account held with Wild Web Design by the Customer that is used for billing, contact information and details of Services assigned to the Customer.
1.2. “Customer” means the person or entity who ordered Service(s) from Wild Web Design.
1.3. “Service”, “Service(s)” or “Services” means any product(s) or service(s) the Customer has ordered from Wild Web Design. This can include, but is not limited to, web site hosting, domain name registration or transfer or renewal, SSL certificates, VPS and SMS services. These product(s) and service(s) are identified in full within the “sign up” and “service provision” emails Wild Web Design sends to the Customer after an order has been placed. The specific details of the Services can be found by logging in to Your account or on our website.
1.4. “Wild Web Design” means the retail operations of Wild Web Design.
1.5. “Your account” refers to Wild Web Design’s customer account, billing and management portal, available online at http://wildwebdesign.com.au
2. Acceptance
2.1. The Customer signified acceptance of these Terms of Service, as well as our Privacy Policy, Acceptable Use Policy, Customer Service Policy, Service Level Agreement (where applicable) and any applicable Registrant Agreement, when they submitted their order to Wild Web Design for an Account and/or Services and that order was accepted.
3. Term
3.1. The Customer agrees to a month to month contract term for Services unless otherwise stated in the Service offering (eg. domain names, SSL certificates, special Services with an agreed term), or otherwise agreed in writing. The month to month contract for Services is automatically renewed each month in perpetuity subject to cancellation by the Customer as per Section 13 of this agreement.
3.2. Monthly services are established as part, thereof, signifying the beginning of a new month demotes commitment till the end of that monthly period.
4. Service, Marketing and Promotional Emails
4.1. The Customer agrees to receive emails directly relating to the Service(s) provided, as well as marketing and promotional emails from Wild Web Design to the email address registered to their account. The Customer can unsubscribe from marketing and promotional emails only, by disabling them in Your account.
4.2. The Customer may opt-in to receive email notifications from our Service Status system in relation to their Service(s). This subscription can be modified at any time by the Customer in Your account.
4.3. Wild Web Design warrants that they will never sell or trade any email address to any third party, in accordance with the Privacy Policy.
4.4. If the Customer does not want to receive these emails, they are required to cancel all active Services and close their Account, in accordance with Section 13 of this policy.
5. Availability of Services
5.1. While Wild Web Design will endeavour to provide continuous availability of all Services to the Customer, Wild Web Design will not be liable for any Service interruptions or down time that is not covered by a Service Level Agreement.
5.2. Scheduled maintenance will be performed at a time which is deemed suitable by Wild Web Design which has the least noticeable impact on the Customer, and should it require the Services to be offline for greater than thirty (30) minutes, Wild Web Design will post details of the scheduled maintenance at least two (2) days prior.
5.3. Unscheduled maintenance will be performed as required by Wild Web Design, and should Services be offline for greater than thirty (30) minutes, Wild Web Design will post details of the maintenance and any updates until it has been completed. Details of these events can been found at http://wildwebdesign.com.au.
6. Domain Name Registration and Renewal
6.1. The Customer acknowledges that Wild Web Design is an authorised reseller of VentraIP Wholesale, an ICANN and auDA accredited registrar.
6.2. The Customer acknowledges that they have read and agree to any applicable Registrant Agreement before purchasing any domain name Service(s) from Wild Web Design.
6.3. The Customer acknowledges that all domain name Service(s) are non-refundable once the order for the domain name Service(s) has been accepted and processed by Wild Web Design.
6.4. Wild Web Design does not warrant or guarantee that a domain name registration will be approved, irrespective of whether the invoice for the domain name has been paid. The Customer should take no action in respect of the requested domain name(s) until they have been notified by Wild Web Design that the domain name(s) has been successfully registered and is in the Customers name.
6.5. The registration of the domain name and the ongoing use of the domain name are subject to the relevant naming authority’s terms of service and the Customer is responsible for ensuring awareness of these terms and that they are adhered to. The Customer waives any right to make claim against Wild Web Design in respect to a decision made by a naming authority to refuse registration or renewal of a domain name.
6.6. The Customer acknowledges that Wild Web Design is not obligated to renew a domain name if the Customer has not confirmed to Wild Web Design that the domain name is to be renewed, or the invoice for renewal has not been paid in full, or it is determined that the Customer does not satisfy the eligibility criteria to continue holding the domain name license. In these circumstances, Wild Web Design will not be held liable by the Customer for any loss or damages. All renewal requests must be submitted via Your account and it is the Customer’s responsibility to confirm that the renewal request has been successfully processed in full.
6.7. Domain name registration or renewal may be declined by Wild Web Design if the Customer is in breach of the Terms of Service, Acceptable Use Policy, Customer Service Policy or any applicable Registrant Agreement, or the customer has other unpaid invoices in their Account.
6.8. It is the Customer’s responsibility to ensure that the Registrant and Technical contact information is kept up to date on every domain name. As per registry-registrar policy and agreements, Wild Web Design will use this information to advise the Customer of any pending expiry, renewal or transfer requests.
6.9. Should the Customer choose to terminate all services with Wild Web Design, but does not transfer a domain name to another registrar, the Customer agrees that Wild Web Design may contact the Customer after the Account closure to advise of any domain name expiry, renewal or transfer.
7. Limitation of Liability
7.1. Wild Web Design shall not be liable to the Customer for harm caused by or related to the Customer’s Service or inability to utilise the Service unless caused by gross negligence or wilful misconduct.
7.2. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known.
7.3. Notwithstanding anything else in this agreement, the maximum aggregate liability that Wild Web Design, any of its employees, agents or affiliates, under any theory of law, shall not exceed a payment in excess of the amount paid by the Customer for the Service in question for the six months prior to the occurrence of the event(s) giving rise to the claim.
8. Customer General Warranties and Undertakings
8.1. The Customer warrants that any information supplied for the purpose of creating an Account with Wild Web Design, including but not limited to, first name, last name, address, telephone number and email address is true and correct, and will be kept up to date via Your account.
8.2. The Customer warrants that they will keep any passwords or sensitive information used with the Service in a secure location.
8.3. The Customer warrants that at the time of entering into this agreement they are not relying on any representation made by Wild Web Design which has not been expressly stated in this agreement, or on any descriptions or specifications contained in any other document produced by Wild Web Design.
8.4. The Customer warrants that all due care has been taken to ensure data integrity before it has been uploaded to Wild Web Design’s servers. This includes an undertaking that the Customer will conduct the appropriate virus and malware scans on the data before it is uploaded to Wild Web Design’s servers.
8.5. The Customer agrees that they are solely responsible for dealing with cases of unauthorised third parties accessing their Account and/or Service(s). These matters should be referred to the Australian Federal Police for investigation as soon as possible.
9. Wild Web Design General Warranties and Undertakings
9.1. Wild Web Design accepts liability for the supply of the Service to the Customer to the extent provided in this agreement.
9.2. Wild Web Design does not warrant that:
a. The Services provided within this agreement will be uninterrupted or error free;
b. The Services will meet your requirements, other than as expressly set out in this agreement;
c. The Services will not be subjected to external hacking attempts, viruses, worms, denial of service attacks, or other persons gaining unauthorised access to the Service or internal Wild Web Design systems.
9.3. Wild Web Design does not make or give any express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement.
9.4. No oral or written information or advice given by Wild Web Design or its resellers, agents, representatives or employees, to the Customer, shall create a warranty or in any way increase the scope of the express warranties hereby given, and the Customer should not rely on any such information or advice.
9.5. In no event will Wild Web Design be liable to the Customer for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
10. Fees and Credit Management
10.1. In relation to fees for Services:
a. Fees for Services ordered by the Customer shall begin on the date of the initial order and shall be prorated to include all days until the first day of the next month, and the chosen billing cycle in advance. This may be monthly, quarterly, semi-annually, annually, biennially or triennially.
b. The first day of the month will serve as the anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits, unless the Service only allows annual or biennially billing cycles (eg. domain name registrations, SSL, etc).
c. Fees are due in advance of the billing cycle and will be invoiced to the Customer ten (10) days prior to the due date. If a credit card is stored on in the Account, it will be charged three(3) days prior to the due date to allow sufficient time for any potential issues (such as insufficient funds, expired cards, etc) to be rectified before the due date.
10.2. In relation to fees for upgrades to Services:
a. Upgrades ordered by the Customer on the billing anniversary date will be billed for a full cycle and will continue each cycle on the anniversary date, unless the Services only allows annual or biennially billing cycles (eg. domain name registrations, etc).
b. Upgrades ordered by the Customer after the billing anniversary date will be prorated to the next anniversary date at the full monthly cost. Future fees will appear as the new plan from your existing anniversary billing date.
c. Fees for upgrades will be payable within seven (7) days of the upgrade taking place. If a credit card is stored on file, it will be charged three (3) days prior to the due date, to allow sufficient time for any potential issues (such as insufficient funds, expired cards, etc) to be rectified before the due date.
d. Additional fees may be payable for upgrades where manual work is required by Wild Web Design to process the upgrade request.
10.3. In relation to fees for downgrades to Services:
a. Downgrades will be processed when the request is received by Wild Web Design from the Customer, unless otherwise specified in the request.
b. A credit will be issued to the Customer’s Account as account credit for the difference of any prorated pre-paid amount minus the cost of the new plan prorated on the chosen cycle.
c. A $9.95 administration fee may be charged for a downgrade request at Wild Web Design’s sole discretion. Additional fees may be payable for downgrades where manual work is required by Wild Web Design to process the downgrade request.
10.4. Fees for one-off Services including, but not limited to, dedicated IP address, SSL certificates, SMS credits, instant data blocks and instant disk blocks, are due within seven (7) of the invoice being issued.
10.5. All published prices are exclusive of any government taxes and charges unless otherwise noted.
10.6. Any unpaid invoices in the Customer’s Account must be paid in full before new Services will be provisioned.
10.7. Failure to pay any fees may result in the account being referred to an external collection agency, which may include interest (calculated daily) and collection costs.
10.8. Invoices that are more than three (3) days past the due date will automatically incur a late payment fee of $9.95 which will be payable on top of the invoice amount.
10.9. Services with unpaid invoices that are more than seven (7) days past the due date will be automatically suspended, and a reconnection fee of $9.95 in additional to any outstanding fees may apply to have the service restored.
10.10. Services with unpaid invoices that are not paid in full within fourteen (14) days of the due date will be automatically terminated.
11. Refunds
11.1. The following Services are not eligible for a refund if the Service has been successfully provisioned by one of Wild Web Design’s suppliers:
a. Domain names;
b. SSL certificates;
c. SMS credits;
11.2. A full refund will be provided to either account credit or returned to the original payment method, if the order was placed within forty-five (45) days of the date that the refund was requested for any of the following Services:
a. Any shared cPanel web hosting Service;
b. Any VPS hosting Service.
11.3. A pro rata refund will be provided to account credit only, minus a $9.95 administration fee, if the refund request was made more than forty-five (45) days after the order was placed for any of the following Services:
a. Any shared cPanel web hosting Service;
b. Any VPS hosting Service.
11.4. The Customer will not be entitled to a refund if any of Wild Web Design’s Terms, Policies and Agreements have been breached by the Customer.
11.5. All other refunds will be processed at the sole discretion of Wild Web Design Management, in-line with the Australian Competition & Consumer Commission’s published policies and guidelines. More information can be found at http://www.accc.gov.au/content/index.phtml/itemId/1023609
12. Suspension and Termination of Services
12.1. Wild Web Design may suspend or terminate Services if:
a. The Customer is found to be in breach of any formal policy including but not limited to the Terms of Services, Acceptable Use Policy, Customer Service Policy or any applicable Registrant Agreement;
b. The Customer has become insolvent or bankrupt;
c. The Customer has unpaid invoices as per Section 10 of this agreement.
12.2. Wild Web Design may decide at its sole discretion to advise a Customer that their Account and/or Service(s) will be terminated by giving thirty (30) days written notice, and any applicable refunds will be processed as per Section 11.5 of this agreement.
12.3. If a Customer’s Account is closed for any reason, the Customer must pay all outstanding invoices by the due dates.
12.4. If a web hosting or VPS Service is suspended or terminated for any reason, Wild Web Design is under no obligation to provide the Customer with a copy any data associated with the Service. Wild Web Design may provide the customer with a backup of the data, if it is available, for a fee of $49.95.
13. Cancellation
13.1. The Customer can request cancellation of their Account or any Service(s) with Wild Web Design for any reason by logging in to Your account and submitting a cancellation request. For security reasons, we will not accept cancellation requests by any other method.
13.2. Any pre-paid fees for Services past the current billing month will be refunded in accordance with Section 11 of this agreement once a refund request has been made by the Customer. This can only be done by submitting an eTicket through Your account.
13.3. The Customer agrees to pay any outstanding invoices upon cancellation of their Services.
13.4. If the Customer requests cancellation of a Service after the invoice for the renewal of the Service has been paid, a refund will be issued in accordance with Section 11 of this agreement.
14. Data Management
14.1. It is the Customer’s sole responsibility to maintain regular off-site backups of their data. The Customer will not hold Wild Web Design liable for incomplete, out of date, corrupt or otherwise incomplete data recovered from backups and archives.
14.2. Wild Web Design makes every reasonable effort to backup and archive the Customer’s data on a regular basis for the purpose of disaster recovery.
14.3. In the event of hard disk failure or data corruption, Wild Web Design will restore data from the last known verified archive. If all backup and archived data appears to be corrupt, the Customer should be prepared to upload all of their data to their Service from their own copy or an off-site backup, and re-create all mailboxes, databases, FTP accounts, etc.
14.4. Wild Web Design takes automatic system backups of all web hosting Services seven (7) times a week.
14.5. Wild Web Design takes automatic system backups of Business web hosting Services seven (7) times a week and will also retain a weekly rotation of these backups.
14.6. If the Customer requires Wild Web Design to supply a backup of their data for any reason or purpose that is not the direct fault of Wild Web Design, a fee of $49.95 per Service will be payable by the Customer before the data will be made available.
15. Changes

15.1. Wild Web Design may amend the Terms of Service at any time. Should any change occur, we will advise the Customer by email and note the specific changes which have occurred, and provide fourteen (14) days notice before any changes are enforced.
15.2. In exceptional circumstances, Wild Web Design Management may be required to amend the Terms of Service and enforce the amendments immediately. If this is the case, the Customer will be advised by email and the circumstances will be explained.
15.3. All Wild Web Design Terms, Policies and Agreements are available for download from our website at any time.
16. Use of Identity
16.1. The Customer agrees to use the Wild Web Design logo, company information and related services in accordance with approved marketing guidelines.
16.2. Wild Web Design agrees not to use a Customer name, logos or information without prior written consent of the Customer.
17. Entire Agreement
17.1. These terms and conditions constitute the entire agreement between Wild Web Design and the Customer, and it supersedes all prior oral or written agreements, understandings and representations.
18. Governing Law
18.1. The Customer agrees to abide by all local, state and federal laws pursuant to the Services delivered by Wild Web Design.
18.2. The Customer agrees that these terms and conditions are governed by the laws of NSW, Australia, and agrees to the exclusive jurisdiction of the Courts of that state.
If you have any questions about this agreement, please contact our Customer Care Team at support@wildwebdesign.com.au
This document was last updated on November 18, 2012.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
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TERMS AND CONDITIONS – PRINTING

1. Wild Web Designs will not commence the Job until:

  • A Quotation has been accepted by or on behalf of Contracting Party and returned to Wild Web Designs
  • The non-refundable deposit (if any) has been paid to Wild Web Designs and, if paid by cheque, such cheque has been cleared.
  • Wild Web Designs has received the duly executed Guarantees referred to herein.
  • Wild Web Designs has received an “Authority to Print” signed either digitally or in person by the Contracting Party or its agent.
  • Wild Web Designs being satisfied in terms of paragraph 3 below.
  • 2. Wild Web Design reserves the right to charge interest on any part of the Price not paid by the due date. Interest will be charged from the due date until payment at a rate equal to the Commonwealth Bank Corporate Overdraft Reference Rate most recently published before that date. Contracting Party agrees to pay all debt recovery fees and charges in relation to all moneys due and payable to Wild Web Design.

    3. If the Artwork is to be provided by Contracting Party:

    • Contracting Party warrants that it will not infringe the copyright or other intellectual property rights of any third party.
    • A Quotation is subject to Wild Web Designs sighting such Artwork and being satisfied with same.
    • Any additional translating, editing or programming needed to utilise Customer-supplied files will be charged at current rates.

    4. Electronic files produced by Wild Web Designs remain the property of Wild Web Designs and will not be issued to any person for any reason. A charge will be added for any electronic files produced by Wild Web Designs or others to be reproduced by Wild Web Designs into any other format. Should the Contracting Party request a project to be recreated in any other format after the project has been completed, Contracting Party agrees to pay Wild Web Designs on an hourly basis over and above the earlier-negotiated price for design.

    5. Contracting Party agrees that Wild Web Designs may obtain from any person or body carrying on any business or undertaking involving the provision of information about the commercial creditworthiness of persons, any information relating to Contracting Party that concerns its commercial activities or commercial creditworthiness for the purpose of collecting payments that are overdue in respect of commercial credit provided by Wild Web Designs to Contracting Party.

    6. Contracting Party agrees that Wild Web Designs may suspend its performance of the Job in the event that Contracting Party is in default in paying any money due by it to Wild Web Designs whether in respect of the Job or otherwise.

    7. The Price quoted is subject to the Goods and Services Tax in which event the expression “Price” used does not include such tax.

    8. A Quotation is based on the above specifications – any variation from these can change the Price. It is Contracting Party’s obligation to ensure that this information is correct.

    9. Contracting Party warrants that Instructions issued by Contracting Party will only be in written form. Where hand written or verbal instructions only are received from the Contracting Party Wild Web Designs shall not be responsible for errors or omissions due to oversight or misinterpretation of those instructions.

    10. Wild Web Designs reserves the right to correct any errors in quotations, estimates, etc. whether technical, stenographic or otherwise.

    11. A Quotation is not available for acceptance by Contracting Party after the Lapse Date.

    12. General Lien – Wild Web Designs shall in respect of all unpaid debts due from the customer have a General Lien on all goods and property and shall be entitled on the expiration of 14 days notice to the customer to dispose of such goods and property as it thinks fit and to apply the proceeds towards such debt. Title of goods does not pass to Contracting Party until payment is received in full. All claims in respect of these goods/services must be notified within 7 days of receipt of goods.

    13. Preliminary work and/or work produced in an experimental way at a Customer’s request will be considered to be an order and charged to the Customer’s account unless otherwise specified.

    14. The suspension by the Customer of any work for any reason whatsoever, for a period of thirty (30) days or longer shall entitle Wild Web Designs to payment in full for the portion of the work completed. Orders cannot be cancelled except upon terms which will compensate Wild Web Designs for all work done and materials used or specially procured, to the date of the cancellation.

    15. Contracting Party agrees that Wild Web Designs may suspend its performance of the Job in the event that work has proceeded beyond the value of monies paid as a deposit.

    16. Contracting Party agrees that payment will be made COD as requested by Wild Web Designs.

    17. Contracting Party agrees that Author’s corrections requested by Contracting Party will be charged at the current hourly rate for design and will be incurred in addition to the quoted price.

    18. The law governing the interpretation of these conditions and for all matters between the parties pursuant to these conditions shall be the law of the State of New South Wales.

    19. These conditions bind the Contracting Party and its executors administrators successors and assigns as the case may be.

    20. In entering into this contract the Contracting Party warrants that it has conducted its own enquiries and relied on its own judgement and not on any representation made by or on behalf of Wild Web Designs and all such representations are hereby excluded.

    21. Whilst all care is taken print colour may vary from print to reprint, stock to stock, front to back and job to job. Therefore Wild Web Designs accepts no responsibility for these colour variations in differentiating printing processes or stock.

    22. Hard copies supplied by the client can be used for colour reference or matching. Wild Web Designs goal is to match colours using hard copies to 85% accuracy.

    23. Any electronic artwork supplied by Contracting Party must be in line with Wild Web Designs’ file specifications. Wild Web Designs will not be responsible for file related errors that may reduce the quality of Contracting Party’s job, nor do we accept responsibility for files that are not print ready.

    24. Any goods despatched from interstate are subject to external influences and Wild Web Designs will not be responsible for freight-related delays. Contracting Party hereby requests Wild Web Designs to undertake the Job according to these Terms and Conditions which may vary from time to time without notice.

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    Terms and conditions – graphic design and artwork only

    All work is carried out by Wild Web Design on the understanding that the client has agreed to the following terms and conditions.

    These Terms and Conditions are subject to change.

    Wild Web Design will supply propsed designs in draft form which will be watermarked as being copyrighted by Wild Web Design. Wild Web Design retains all copyright, ownership and intellectual property rights of all artwork until payment has been received in full. Draft copies are protected by copyright law and may not be reproduced or displayed publicly in any way shape or form.

    Full copyright ownership passes to the client once payment has been received in full.

    Artwork will be delivered to the client in commercial quality, press ready pdf and eps formats along with png and jpg copies.

    The original working files used to create the final artwork will not be supplied by default. Wild Web Design reserves the right to charge a fee to the client to provide the working files, upon request, or to perform alterations after the final artwork has been delivered.

    Copyrights and Trademarks supplied to Wild Web Design

    By supplying text, images and other data for inclusion in a clients logo, website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner. Wild Web Designs takes no responsibility for any material supplied by the client.

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