Terms And Conditions
SHECOMMERCE STANDARD TERMS AND CONDITIONS
1. PROVISION OF SERVICES
1.1 Provision of Services: SheCommerce provide Web design, Web
development, Web Hosting, SEO, domain name registration and other
related Web Services. Client websites are published on a Web Server
owned and operated by one or more of our hosting suppliers.
SheCommerce provide the above Services using either in-house
facilities and services or external 3rd party
professional Services, designers or equipment (‘Supplier”) as
required.
2. CHARGES FOR SERVICES
2.1 Method of Billing: Where periodic charges apply, including
annual support fees, monthly charges or any other applicable
service fees, SheCommerce has the right to bill you in advance.
2.2 Suspension: Websites may be deactivated as a result of non
payment of fees.
2.3 Where a client has signed a contract but not paid the
initial commencement fee within 4 weeks of signing, SheCommerce has
the right to cancel the contract. In such cases, the Client will be
liable to pay a cancellation fee of either 10% of the total cost of
the website.
2.4 Additional Fees: If an Online Support plan is activated,
excess hours will be calculated and billed at the agreed rate of
that Support Plan.
2.5 Variations: Approved scope variations will be invoiced upon
completion of works. Normal payment terms will apply.
2.6 Payment Terms: Terms are 14 days from the date of the
invoice issued by SheCommerce.
2.7 Should payment remain outstanding beyond the payment terms
as outlined in clause 2.6 above, the Customer agrees to pay
interest on all amounts outstanding from the due date until the
date of payment at a rate equal to 2% above the Company’s then
overdraft rate as varied from time to time.
2.8 Should payment remain outstanding beyond the Company’s
payment terms as outlined in clause 2.6 above, the Customer is
liable for all costs including legal costs (on a Solicitor/own
client basis) and mercantile agents’ fees incurred by the Company
in recovering the amount outstanding.
2.9 All prices and fees are expressed in Australian currency
and exclude all taxes, duties and charges imposed or levied in
Australia or overseas in connection with the supply of Services
including but not limited to the Goods and Services Tax (GST).
3. PERIOD OF AGREEMENT
3.1 Period of Agreement: For periodic charges with a minimum
term, a cancellation fee equivalent to the minimum term, prorated
for the remainder of the term, shall apply.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 You must make sure that any materials supplied for
inclusion within your Website do not infringe the copyright,
tradename, trademark, ownership or any other rights of others. You
should be the legal owner of such materials or have prepared
adequate evidence of suitable permission being obtained.
4.2 You retain ownership of materials you have supplied for
inclusion in your website including the site design, content and
data. SheCommerce retains ownership of any computer source code
used to create the site and license these to you for use only
within that Website.
4.3 All Intellectual Property used by SheCommerce for the
purpose of creating or executing this agreement, shall remain under
the ownership of SheCommerce.
5. CONFIDENTIALITY
5.1 Disclosure: SheCommerce will not disclose to 3rd
parties any confidential data, information or trade secret made
known to us by a client, unless with their prior consent.
SheCommerce will not supply a client’s organizational or personal
contact details to 3rd parties for marketing purposes
without prior consent of the Client (other than in the normal
agreed provision of our Services, involving the publication of
Websites and search engine submissions and/or Website promotion).
5.2 User Identification: Any username or password issued to a
Client is considered confidential and must not be divulged to any
other person or organization. Reasonable precautions should be
taken by the Client to protect this information from discovery by
others.
6. YOUR COMPLIANCE
6.1 Compliance: You are responsible for ensuring the content on
your Website does not contravene Australian, state or other
relevant laws. You are held liable for any claims, suits, damages
or any other disputes or actions which arise in connection with
your website. You must ensure the accuracy, truthfulness,
appropriateness & decency of any content on your website.
6.2 SheCommerce’s Web Hosting supplier of choice will be either
Hostgator or Crazy Domains. The Web hosting service provided by
SheCommerce is bound by the Terms and Conditions of these companies
in addition to any conditions stated in these Terms &
Conditions. SheCommerce may change their Web Hosting supplier at
any time without notice and you will be bound by the terms and
conditions of the selected provider.
7. DELIVERY OF SERVICES
7.1 SheCommerce will use their best endeavors to meet
completion dates agreed, although any such dates are estimates
only. SheCommerce will not be held liable for any loss or damage as
a result of a failure to meet the agreed dates.
7.2 Approval & Modifications: Upon completion of
development works, the customer will be required to sign off on the
project giving final approval of the site. Any subsequent
modifications will incur a charge.
7.3 Technical Support: Is defined as telephone support for
reporting of faults, correction of faults, fault resolution and
service enquires relating to the Goods and Services outlined in
this agreement.
7.4 SheCommerce will endeavour to provide timely and effective
service to the Customer under the Terms of this agreement. The
Customer in return must endeavour to supply SheCommerce with
information required to provision Services under the agreement in a
timely and efficient manner. If SheCommerce is prevented or delayed
from delivering Services under this agreement due to the Customer’s
failure to provide timely information as requested, SheCommerce
shall become exempt for any future consequential breaches of this
agreement. Should the delay in obtaining information from the
client be greater than 6 weeks after the original request,
SheCommerce have the right to postpone or terminate this agreement
and levy all charges and fees payable.
8. DOMAIN NAMES
8.1 SheCommerce provide no warranty or guarantee that the
domain name applied is available for registration.
8.2 Registration and ongoing use of a domain name are bound by
the relevant naming authority’s policies and procedures.
8.3 The Client agrees to irrevocably waive any claims against
SheCommerce that may arise resulting from the decision of a naming
authority to refuse to register a domain name.
8.4 In the circumstances that SheCommerce do not register your
domain name, you accept that it is your responsibility to ensure
that your Domain Name License is renewed. SheCommerce will accept
no responsibility or liability for the renewal of your domain name
under these circumstances.
8.5 Should SheCommerce undertake the renewal of a domain name
on your behalf where the original registrar for the domain is
different to SheCommerce’s registrar of choice, the successful
renewal of the domain by SheCommerce will be dependent on your
agreement to transfer the domain to our chosen registrar.
8.6 Requests for cancellation of domain registration can be
accepted up to 24 hours after registration of the domain by our
registrar. Fees apply for cancellation of a registered domain.
8.7 Requests to transfer ownership of a domain name to a
different entity will be accepted by SheCommerce, however
SheCommerce is bound by the relevant policies of the appropriate
naming authority. Fees may apply for the transfer.
8.8 Official Policy Documentation for the “.au” domain name
space can be located at www.auda.org.au.
9. GRAPHIC DESIGN
9.1 Design Brief: Design is based on information provided by
you in the design brief.
10. LIMITATION OF LIABILITY
10.1No Liability: SheCommerce have no liability to you or to any
other person for: -
(a). Loss or damage caused by use, misuse, lack of availability,
interruption or removal of Services or any error or omission of
your website. As part of some Services, SheCommerce make marketing
information and guidance notes available to clients. SheCommerce
will not be held liable for any loss or damages by clients in the
application or use of this information.
(b). Acts or defaults of other Suppliers including but not limited
to Web Hosting and email hosting provider; or failures within their
infrastructure
(c). Faults or defects in Services which are caused by your own
conduct or misuse.
10.2 As part of our service, SheCommerce may submit the address of
Client sites to internet
search engines to achieve better search engine rankings. As
SheCommerce cannot in
any manner control or influence the workings and policies of
3rd party organizations
operating those search engines, it is not possible to guarantee
search engine
acceptance or ratings.
11. GOVERNMENT DUTIES AND TAXES
11.1 SheCommerce reserve the right to pass onto the purchaser any
variations in Australian
Import Duty, Sales tax rates or GST rates applicable to the
equipment, maintenance
and/or service which may occur from the date of order until the
date of purchase of the
equipment.
12. TITLE OF GOODS
12.1 The title of ownership of the Website in this agreement shall
not pass to the purchaser until all relevant invoices pertaining to
the Web Site have been paid in full.
13. LIMITATIONS ON USE
13.1 Web Site Exclusions & Limitations: The Website is provided
on an “as is” basis without warranties of any kind, either express
or implied, and is provided whilst you are a
SheCommerce Customer. The Website may be removed by SheCommerce
upon
termination of service. SheCommerce do not review or monitor any
Websites linked to your Website and are not responsible for the
content or accuracy of any such linked Websites.
14. SCOPE VARIATIONS
14.1 If there are any variations to the Scope of Works as outlined
in this agreement,
SheCommerce will request permission from you prior to this work
proceeding. This
request will outline any additional costs for this work.
15. JURISDICTION
15.1 The proper law of all contracts arising between the Company
and the Customer is the
law of the State of Victoria and the parties agree to submit to the
jurisdiction of the
Courts of that State.
16. CHANGE OF OWNERSHIP
16.1 The Customer agrees to notify the Company in writing of any
change of ownership of the
Customer within seven (7) days from the date of such change and
indemnifies the
Company against any loss or damage incurred by it as a result of
the Customer’s failure
to notify the Company of any change.
17. CHARGE
17.1 The Customer hereby charges its property with the Customer’s
indebtedness to the
company.
18. GENERAL
18.1 Entire Agreement: This agreement contains the whole
understanding between us to the
exclusion of any prior or collateral agreements or understandings
of any kind relating to
the Services Shecommerce provide.
19. PROPOSAL DATED ?????? (
Shecommerce/______________________)
19.1 The Proposal dated ????? (Shecommerce/___________________)
forms part of this
Agreement and a copy is attached.
