Quoted prices include minor changes post proof reading. Minor changes include: spelling; grammar; consistency; image tweaking; and Client contact information. Additional design, pages and/or changes may be done at an additional charge. This will be communicated to the Client as necessary.
Unless specified in the initial consultation, all images and content are to be provided by the Client, and all proof reading is to be done by the Client.
Photography and graphic design is not included, unless quoted. Photographs supplied to Velvet Web will be used as is. Any additional etching or image manipulation required will be additional to the original quotation.
The Client acknowledges that custom coding may sometimes be required to create additional features, including but not limited to interractive features, plug ins and custom form design. If this is a consideration or requirement and it has not been discussed prior to commencement of work, it will be communicated to the Client and a separate quotation will be provided.
All designs are covered by Australian Intellectual Property, Design and Copyright Law.
CONTENT MANAGEMENT SYSTEM
The Content Management System (CMS) remains the property of Velvet Web.
The Client is responsible for the security of their CMS username and password, and any individual who is assigned the role of site Administrator or Web Master.
The CMS is a tool provided to the Client which enables the Client to build, manage and administer information displayed on their website. The Administrator must NOT upload, post, publish or distribute:
The client acknowledges that the CMS will only be uploaded and made operational onto a Velvet Web web server or other web server approved by Velvet Web.
Should the client choose to use a web server other than a Velvet Web server, they acknowledge that Velvet Web can not be responsible for: Data integrity; Website backups; Website uptime; Website security; and CMS operation and or updates unless the client chooses a yearly subsciption for maintenance.
The client acknowledges that the Content Management System does not come with system upgrades by default. Velvet Web recommends the client subscribe to a software subscription to ensure they receive and are always up to date with the latest CMS developments.
The Client is responsible for any changes that they make to their own website content, be it intentional or otherwise. Websites hosted on Velvet Web servers are backed up every Sunday morning (Australian time). Should the Client wish to have their site backed up more regularly or on a particular day prior to making major changes, please contact our office.
Should the Client require help or assistance with content and/or other areas of their website, such as, but not limited to, design and implementation of their website, this will be charged out at an hourly rate.
Should the Client use any third party software, code or plugins within the CMS, it is their responsibility to ensure they obtain the correct license required for their particular use of that software, code or plugin. Velvet Web will obtain the correct licenses for any part of the design that we carry out, should we use a third party service.
CUSTOM PROGRAMMING AND DEVELOPMENT
The Client acknowledges that Velvet Web owns the intellectual rights to the code written within the custom developed/programmed website, unless otherwise quoted.
The Client acknowledges that only work that forms part of the quotation will be carried out for that job. Any additional development required will be quoted upon separately and carried out as a separate job.
The price quoted includes minor changes post proof reading. Minor changes include: spelling; grammar; consistency; and correction of any errors in the business, its services and/or product information.
Velvet Web will not rewrite code once the job has commenced should the Client change their mind on functionality and framework design.
The Client acknowledges that, due to the nature and complexity of Velvet Web's custom developed online software, it is a requirement that their new website be hosted on Velvet Web web servers, and hosting on any other server is not negotiable. We guarantee that our prices remain competitive with other Australian web hosting services offering server software and hardware of similar quality. For added security and data integrity, Velvet Web chooses to run email on a separate dedicated email server, away from the website.
The Client acknowledges that there may be delays in programming time due to unforeseen circumstances. Velvet Web will not be held liable for an estimated completion time being exceeded. Velvet Web will strive to keep the Client abreast of any difficulty in programming or circumstances that may cause delay.
ECOMMERCE AND SHOPPING CART
Product entry including data and graphics is the responsibility of the Client, unless otherwise quoted by Velvet Web.
A SSL or Public Key Certificate is recommended by Velvet Web when trading on line. Velvet Web will organise and install the SSL Certificate on behalf of the Client at the cost of the Client.
SEARCH ENGINE OPTIMISATION (SEO)
Velvet Web will optimise your website to comply with the search engine algorithms current at the time of the job being carried out. We do not and can not guarantee the position of your website within the search engine results.
The Client acknowledges that Velvet Web has no control over how the Search Engines display or return information and therefore can not be held responsible for any future changes to the position.
Search Engine Optimisation services are final and no refunds or credits are available once the service has been carried out.
GOOGLE AD CAMPAIGN MANAGEMENT
Velvet Web does not lock Clients into contracts, however our management fee is billed per month and once service has commenced that month’s fee is non-refundable.
DOMAIN NAME REGISTRATION
Velvet Web does not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
If your application is deemed fraudulent through a fraud detection and prevention mechanism in the domain registration process, we may require the registering party to supply Photo Identification to verify their identity. Accepted Photo Identification methods are Passport or current Drivers License.
Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.
We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
HOSTING/EMAIL/SECURE WEBPAGES/VIRUS PROTECTION
Velvet Web specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that:
Velvet Web reserves the right to host the Clients website on Velvet Web web servers. We guarantee that our prices remain competitive with other Australian web hosting services offering server software and hardware of similar quality. For added security and data integrity, Velvet Web chooses to run email on a separate dedicated email server, away from the website.
Price includes one (1) final minor change post proof reading, unless quoted otherwise. Minor changes include: spelling; grammar; consistency; and correction of any errors in the business, its services and/or product information. Content writing services are final and no refunds or credits are available once the service has been carried out. Any additional content writing may be done at an additional charge and this will be a separate quotation.
“Basic photography” means images that do not need to be etched or manipulated in any way. Basic photography is provided by Velvet Web by quotation.
“Product photography” means images of products and/or goods. Product photography requires etching and manipulation and will be quoted upon separately.
“Professional photography” means a professional artistic shoot and will be contracted to a professional photography contractor.
Graphic Design work refers but is not limited to photos needing etching or manipulation, logo design, something unique that does not form part of the standard website design, promotional and stationary material destined for print. Any additional graphic design work required will be discussed with the Client and quoted upon separately.
Velvet Web reserves the right to use a third party contractor for services or any part thereof on behalf of Velvet Web.
The Client acknowledges that the services are to be provided by Velvet Web and that in the event that Velvet Web is unable for any reason to carry out or engage a contractor to carry out the service, Velvet Web is entitled to rescind this agreement within 21 days without penalty in which event any moneys paid by the Client shall be refunded in full.
The Client acknowledges that Velvet Web is not responsible for the operation and maintenance of the Client’s hardware and software, including operating system, browser, software updates and any 3rd party software installed or used in the development of the product.
Velvet Web is not responsible for the Client’s data integrity, corrupt databases, service interruptions or internet downtime.
Website file and database backup is an additional service that will be charged accordingly. Should the client choose to host with a 3rd party hosting company other than Nethosts, file and database backup services is something which the Client needs to organise with their chosen hosting company.
Velvet Web reserves the right to outsource some services to a Contractor.
The Client acknowledges that any images and fonts which are provided to Velvet Web and used in the design of the Client’s website are in fact owned by the Client and do not infringe any copyright law.
CONDITIONS OF PAYMENT
A 20% deposit on quotation price prior to commencement of work is required. Deposit is non-refundable once service has commenced. Progress payment of an additional 40% is required prior to the new site being uploaded to the Client’s hosting service. Final 40% is required once the site is live.
Velvet Web prefers payment via Direct Deposit. Should the Client choose to pay via credit card or Paypal, this will incur a 3.1% surcharge.
All design and files created by Velvet Web are to remain the property of Velvet Web if no final payment is received.
Should the content required from the Client in order for Velvet Web to complete the service fail to be forthcoming within 10 working days post design concept sign off, a progress payment will be requested by Velvet Web. Amount is discretionary, depending on job.
Should any minor content required from the Client in order for Velvet Web to complete the service fail to be forthcoming within 20 working days, a final payment will be requested by Velvet Web. Minor content refers to: content images and 5% or less of the overall website text.
If any sum payable is not paid on or before the due date, Velvet Web reserves the right to suspend the service we are providing to you.
Velvet Web is committed to the information privacy principles contained in the Freedom of Information Act 1982 and the Information Privacy Act 2000. Velvet Web will comply with the privacy principals contained in the Commonwealth Privacy Act 1988 (irrespective of whether or not they are legally binding on Velvet Web). Velvet Web also agrees to comply with any directions regarding privacy given to Velvet Web by the Client or by a Privacy Commissioner that are relevant to the Contract between Velvet Web and the Client.