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UPDATED: 16/11/2017

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR SIGNING A QUOTATION.

Welcome to our website (CheDesigns.com.au). If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, govern chedesigns.com.au’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “CHEDESIGNSWA”, “CheDesigns”, “Us”, “Our” and “We” refers to chedesigns.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website or services to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website or services then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and chedesigns.com.au’s rights and obligations to each other.

PAYMENT TERMS

Fees quoted are valid for 30 days from the date of issue. Our payment schedule is as follows: A deposit will be charged at 30% of the total project costs, then 25 days later we will invoice for the remaining balance of the project no matter if the project is complete or not, you have up to 15 days to pay that invoice.  Hosting and Domain name and any other additional service or other costings that are not included in the quotation must be paid in advance. Payment terms are strictly 15 days, invoices not paid upon the required payment date will acquire an administration fee after 10 days, this fee is $50 per week until paid in full. In some cases we may stop all services until the invoice is paid in full and if any of these services have been paid for we may take the remaining invoice balance from these services.

Updates outside original scope in the event of any variations or extensions to the project, or should a client wish to engage CHEDESIGNSWA on a time and materials basis, all work will be undertaken in accordance with our hourly rates or a quoted amount.

Payment of accounts

A deposit by the client is required before CHEDESIGNSWA can commence a project. Any outstanding accounts for work completed by CHEDESIGNSWA or our affiliates requires payment in full after 25 days of starting the project and this invoice is to be paid no later than 15 days from the date of invoice. On completion of a project the client is obliged to pay the balance in full. CHEDESIGNSWA will contact clients to remind them of payments due if they are not received. If accounts are not settled and CHEDESIGNSWA have not been contacted regarding the delay, website access may be denied and web sites or projects removed. If CHEDESIGNSWA designs a visual and the client does not pay deposit amount then this visual remains the work of CHEDESIGNSWA, if wanting to use the visual designs all clients or ex-clients must request permission.

 

SERVICE TERMS

Intellectual Property CHEDESIGNSWA reserve the right to re-use technical components developed during the project and will retain intellectual property rights on each development. The client will hold copyright on all work pending payment of final invoice.

Maintenance

Content- CHEDESIGNSWA can provide maintenance plans services if required; this is billed at our standard hourly rate or an agreed monthly/annual maintenance plan contract.

Software Maintenance- CHEDESIGNSWA guarantees that each project will be compatible with current versions of all major software platforms and browsers. Current release refers to software versions current at the time the website goes live, versions released after this date are not included.

Browsers:

  • Internet Explorer - version 10 up to current full release.
  • Firefox 30 up to current full release.
  • Apple Safari - version 8 up to current full release.

CheDesigns builds for modern day technologies and we endeavour to make our websites as compatible as  we can , but sometimes due to old browser technologies still being used by a small amount of people the might be incompatibly issues unless a more up to date browser is used. CheDesigns suggests updating to your latest browser version to best experience modern day websites.

Variations and Extensions

In the event of any variations or extensions to this contract, all work will be undertaken in accordance with our hourly rates. CHEDESIGNSWA can also be engaged on a time and materials basis.

Approval/Sign-off

To authorise commencement of a project CHEDESIGNSWA must receive a signed copy of the website design proposal document or an email authorizing commencement of the project. This should be emailed to This email address is being protected from spambots. You need JavaScript enabled to view it.. All quotes are valid for 30 days from date of issue.

Project stages

Stage 1- The client will need to pay the deposit and provide any photos, logo, colours, font requirements and any other material required for the design of the visual before we begin on the visual.

Stage 2-The client must thoroughly review the website design Visual, providing feedback within three business days.

Stage 3- We will design a fully working demonstration of your website and at this stage will require you to review and request any amendments within 5 working days.

Stage 4- We will do any amendments and then the client must carefully review the completed website including all content, providing feedback on any changes within three business days. Final review- The client will review any changes made in stage three and authorise CHEDESIGNSWA to launch the project. Any changes requested after the final review will be considered additional and charged at our standard hourly rate.

System specifications and alterations

Each project will have set parameters as described in the final proposal document. This document also includes an authorisation fsection which indicates agreement with the specification and authorises CHEDESIGNSWA to begin work. On commencement CHEDESIGNSWA will proceed in accordance with the exact specifications as set out in this document. If there are any amendments to these parameters after the project has commenced, CHEDESIGNSWA will consider this to be an additional component or customisation of the project and will charge for this work at our standard hourly rates.

If the specification says 5 pages then only 5 pages must be provided, any additional pages, content or scripts will result in further charges being applied at our hourly rates.

Bugs or system errors

When a project has been delivered and approved, the client will have a two week grace period where CHEDESIGNSWA will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly / monthly rates.

Website design

While every endeavour will be made to ensure the website and any scripts or programs are free of errors, CHEDESIGNSWA does not accept responsibility for any losses incurred due to website malfunction.

The project and any associated graphics and files remain the property of CHEDESIGNSWA until all accounts are paid in full. Any scripts, cgi applications, php scripts, programming code or software written by CHEDESIGNSWA remain the property of CHEDESIGNSWA and may only be commercially reproduced or resold with the permission of CHEDESIGNSWA.

CHEDESIGNSWA cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and may refuse use of any such material unless proof of permission is provided.

Any additions to the brief will be carried out at the discretion of CHEDESIGNSWA. Where no charge is made by CHEDESIGNSWA for these additions, CHEDESIGNSWA accepts no responsibility to ensure these additions are error free. CHEDESIGNSWA reserves the right to charge an appropriate sum for any correction to these or further additions. The client agrees to provide CHEDESIGNSWA all materials required to complete the site (files, content and images) in a timely fashion.

CHEDESIGNSWA will not be liable for costs incurred, compensation or loss of earnings due to the failure by the client or CHEDESIGNSWA to meet agreed deadlines.

CHEDESIGNSWA will not be liable or become involved in any disputes between the site owner and their clients and CHEDESIGNSWA cannot be held responsible for any wrongdoing on the part of a site owner.

CHEDESIGNSWA will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client, or any of the clients appointed agents.

CHEDESIGNSWA will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by its agents.

A deposit is required with each project before any work will commence. Once a project has been completed the final balance of payment is due in accordance with our payment terms.

All deposits are non-refundable, unless CHEDESIGNSWA states otherwise.

If the client decides to terminate the contract after a project has commenced, the client will be liable to pay for all work done up to the point of termination and this includes billing for any meetings, consultations and research.

Content and data entry

The supply of content and assets is the responsibility of the client, unless the client is employing CHEDESIGNSWA's copywriting service. All content for all sections of the website must be supplied at an agreed time and preferably in one delivery. Content must be thoroughly reviewed before it is supplied to CHEDESIGNSWA. CHEDESIGNSWA is not responsible for any spelling and grammatical errors. Content must follow the directions of the sitemap. If the sitemap indicates five pages, content must be supplied for five pages. If content is given incorrectly then CHEDESIGNSWA may have to charge additional fees for the time it takes to re-enter the content.

Project delays

Where a project has final approval CHEDESIGNSWA will indicate timeframes for both parties. If a client delays the project for more than 4 weeks, (by missing deadlines for the supply of information, content or images) CHEDESIGNSWA reserves the right to charge a project-delay fee to recover costs associated with ongoing management of the project. If a project is delayed for over its allowed period CHEDESIGNSWA may request payment in full, even if the project is not finished.

Database, application and e-commerce development

CHEDESIGNSWA cannot take responsibility for any losses incurred by the use of any software created for the client. The client is expected to fully test any application or program relating to a site developed by CHEDESIGNSWA before being made available for general use. Whilst every care has been taken to ensure products are bug free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, cgi applications, php scripts or software written by CHEDESIGNSWA remain the property of CHEDESIGNSWA and may only be commercially reproduced or resold with the permission of CHEDESIGNSWA.

CHEDESIGNSWA uses a number of 3rd party scripts and holds the rights to their licences, any client wishing to move their website to another provider will not be allowed to take these licences with them.

Updating of all scripts after completion of a website is chargeable at our hourly rates or a maintenance plan must be purchased.

Script / scripts licences purchased for a client remain theirs and clients are allowed to take these with them. Renewal of any scripts purchased is the reasonability of the client and can request CHEDESIGNSWA to renewal them on their behalf, for a fee the will be a charge for the renewal and update of the scripts done by CHEDESIGNSWA.

Where applications or sites are developed on servers not recommended by CHEDESIGNSWA, the client is expected to provide information, software and support relating to the server to assist with the correct development of the application. Any assistance or work required from CHEDESIGNSWA for external hosting will incur additional charges.

When a project has been delivered and approved, the client will have a one to three month grace period where CHEDESIGNSWA will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.

Website hosting

CHEDESIGNSWA cannot guarantee the availability or continuity of this service and cannot accept liability for loss of revenue caused by the unavailability, malfunction or interruption of this service. CHEDESIGNSWA reserves the right to refuse handling of material which may be deemed offensive, illegal or controversial. In this instance, hosting services may be terminated.

Hosting terms

Hosting is available through CHEDESIGNSWA. Any client requesting hosting on another server with another provider will be charged a fee for the time taken to transition the website to the preferred hosting provider.

Maintaining Compatibility

Our server environments and server applications such as Apache, PHP and MySQL is that they are constantly being updated to maintain stability, performance and security. Keeping web based applications patched and up to date ensures both a secure website and data, and is also essential to maintain compatibility with changes in server applications. CHEDESIGNSWA incrementally updates all server applications on a regular basis and it is the responsibility of the Client to maintain installed web applications to ensure compatibility with the latest stable and supported releases of all server applications. Clients can request CHEDESIGNSWA to perform website application updates but this service is chargeable at our hourly rates or a maintenance plan can be obtained.

Resource Usage

All hosting services purchased have a variety of resource limitations applied in accordance to the applicable plan associated with the service. It is the client’s responsibility to ensure their hosting service does not exceed the resources allocated and to upgrade their service if it is determined more resources are required to continue the smooth operation of a hosting service. CHEDESIGNSWA will automatically upgrade any account that uses above their allocated resources. The client will not be charged for this upgrade until the new billing year of their hosting renewal.

Cancelling

If a client wishes to cancel their hosting, we request a 30 day notice before the end of the billing period.

If a client does not provide a 30-day cancellation notice CHEDESIGNSWA will charge an early cancellation fee of $100.

Transferring your hosting to another provider

If a client wishes to transfer their hosting to another provider, we can provide a full cpanel backup. The cost of a backup is $160, any additional support after or before the backup is charged at our hourly rates of $100.

Resource Usage Abuse

CHEDESIGNSWA implements per account resource restrictions on all Shared and VPS hosting services which will vary from plan to plan. In addition to these, clients must not:

  1. Use 50% or more of the allocated CPU resources for more than 60 seconds.
  2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  3. Run an account on any shared server as a file store for content not related to the operation and delivery of their web applications or that may breach the CHEDESIGNSWA.
  4. Run any type of indexing software on any shared server.
  5. Run any software that interfaces with an IRC (Internet Relay Chat) network.
  6. Run any type of bit torrent application or tracker or participate in any illegal file-sharing activities.
  7. Run cron tasks on a shared server with intervals of less than 5 minutes.
  8. Run excessively large MySQL databases on shared servers. Databases with an excessive number of MySQL tables (in excess of 1000) or of a size greater than 1GB can negatively affect the performance of the server and are strictly forbidden.
  9. Run any MySQL queries longer than 15 seconds on shared servers. MySQL tables should be indexed appropriately and regularly maintained to ensure individual tables do not contain an excessive number of rows.
  10. Store multiple backups of a hosting service on any shared hosting server. Backup archives created by a server’s backup tools are designed to be downloaded off the server for maintaining offsite backups. Making backups that contain other backup archives can cause heavy load on the storage arrays and is strictly forbidden. Any hosting services found to have multiple backups on the server may have them removed without prior notification.

Any client found using over their allotted data space and bandwidth will need to update to a more suitable hosting account.

Support

CHEDESIGNSWA offers minor support to all website design clients and website hosting clients this support is provided via telephone, ticket system and email. CHEDESIGNSWA reserves the right to charge for additional changes and amendments to websites.

If clients require any additional features, changes, amendments, photos, content, & training this will require additional charges at our hourly rate.

Maintenance Plans

Clients can request a maintenance plan suited for their budget and business, the maintenance plan will come with an outline of what is included within their plan and anything out of the outlined plan will be billable at our hourly rates.

Complaints procedure

Any client experiencing problems with a web service provided by CHEDESIGNSWA should contact CHEDESIGNSWA. Clients should supply the URL of the problem and clearly outline the issue in question. CHEDESIGNSWA will contact the individual responsible for the material in question with a view to resolving the matter satisfactorily.

Formal complaints procedure

The formal complaints procedure is in place should a client feel that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to CHEDESIGNSWA who will acknowledge receipt and ensure that the matter is examined within two business days. An initial response will be issued within seven days of receiving the formal complaint and a full and considered response will be issued within 30 days. Any required action will be implemented with minimal delay.

PRIVACY POLICY

Information Collection and Use

CHEDESIGNSWA is the sole owner of the information collected on this website. CheDesigns collect information from users at several points on our website and will not sell, share or rent this information to other organizations outside CheDesigns.

Cookies

A cookie is a parcel of text designed to authenticate and maintaining specific information about users, commonly site preferences or the contents of their electronic shopping carts. It contains a small amount of information about the user which cannot be linked to personally identifiable information. Once the user closes their browser, the cookie simply terminates.

Cookies enable us to track and target the interests of our users, designed to enhance the experience of our site. Users who disable cookies may still use our site, although this will limit the functionality of some areas.

Log Files

We use IP addresses to analyse trends, administer the website, track user movements and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This privacy statement applies solely to information collected by this website. While this website contains links to other websites, CHEDESIGNSWA are in no way responsible for the privacy practices of other providers. We encourage users to read the privacy statements of websites that collect personally identifiable information.

Security

This website takes every precaution to protect user information. When a user submits sensitive information via the website this is protected both online and off-line. If you require any further information please email This email address is being protected from spambots. You need JavaScript enabled to view it.

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