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Definitions:

Service Provider: Hereinafter Suncoast Web Solutions will be referred to as the Service Provider. This is limited to its employees, sub-contractors and others not mentioned throughout the site who maintain the functionality of the entity.

We / Us / Our: Refers to Suncoast Web Solutions and associated entities.

Secure Location: The location is unspecified for security reasons; however the information is secure and not accessible by anyone except for the members of the Service Provider.

Customer: Entity who is in correspondence or in contract with the service provider.

Ownership: This includes all rights, content (where applicable) and any other information to any product or service provided by the service provider.

WordPress: WordPress is an Open Source project and is a full content management system sourced from the website www.wordpress.org

Joomla: Joomla is a content management system (CMS), which enables you to build Web sites and powerful online applications. Joomla is an open source solution that is freely available to everyone.

Charges:

1.1 Payment for Services

All prices may be obtained either by contacting the Service Provider directly or via the website at https://www.suncoastwebsolutions.com.au. By making payment to the Service Provider you are accepting the agreements of a contract. You also agree to make payment within the payment terms or schedule as prescribed on invoice. If failure to make payment within 5 business days of the prescribed timeframe occurs you forfeit any deposit or down payments that you have made to the Service Provider.

Deposits/down payments that are required are considered to be a commitment to commence production or use of services on offer. Deposits/down payments will be requested where specified by the Service Provider.

Accepting the contract means that you have agreed to and give the rights to debit the Customers account they have with the Service Provider. This remains the case until the service is cancelled by either party.

The Customer agrees to update all bank or credit card information. Failure to do so will incur a default of payment charge of 20% of the amount specified on the invoice issued to the Customer.

The Customer agrees that any delays in making decisions in a reasonable timeframe may result in additional charges being added to the quoted amount, or the final invoice. The payment charge will be determined at the Service Provider’s discression.

The Customer agrees that any changes in the scope of work outside of the quoted amount may result in additional charges being added to the quoted amount, or the final invoice. The additional charge will be determioned at the Service Provider’s discression.

1.2 Failure to make payments

If the Customer fails to make any payments requested by due dates it will result in instant termination of any contract in place with both parties. Any payment made prior to the termination of any contract is not refundable under any circumstances and all ownership of work performed remains the property of the service provider.

If the Customer fails to make payments by 5 business days past the due date, a late fee determined at the Service Provider’s discression, will be charged.

If the Service Provider does not receive payment made for any reason by the Customer’s bank or credit card company, we will contact you via the primary contact’s details and you will be given 5 days to respond.

If hosting of websites is the service being used by the Customer the Service Provider reserves the right to disable the account without notification to the Customer.

1.3 Processing of any funds

All transactions are processed in Australian currency. You are likely to be charged less than the specified rates in your local currency unless it the Customer is located in
Australia
. The exchange rate at which you will be charged is at a rate specified at the Service Providers discretion on the given day that the transaction takes place.

1.4 Refunds

The Service Provider cannot issue refunds on services that have been offered if it has provided a product or service that is either functional or working correctly. If the Service Provider determines that it cannot provide a product or service and a payment has been received then that payment will be refunded for that product or service.

This is limited to an advertised product or service mentioned on the website, on other promotional material or specified in contractual agreements between the Customer and the Service Provider.

1.5 Hourly Rates

A Senior team member with more than 8 years industry experience will incur a charge of $165 Exclusive of GST per hour or part thereof. There is a minimum of 15 minute charge per instance.

A Junior team member with less than 8 years industry experience will incur a charge of $121 Exclusive of GST per hour or part thereof. There is a minimum of 15 minute charge per instance.

Use of Services

2.1 Servers

The use of any of our servers will be bound to the terms and conditions specified below in this agreement and other information that is made available to the public.

The Customer is not to use this service in any way to break state, local, federal or international laws. Customers agree that the Service Provider may remove any information that it finds or is reported to be unlawful. The Service Provider reserves the right to termination / remove the Customers account if it feels that the information on the servers is unlawful.

The Customer or end users of services supplied by the Service Provider will not be used in anyway to send unsolicited bulk e-mail, post to news groups in anyway that do not comply with terms and conditions specified on that group which can be traced back to our servers or the respective network, the Customers website or the Customer.

Content which cannot be stored on the Service Providers server includes the promotion of SPAM, bulk email, illegal websites or activities, abusive or hate websites.

2.2 Abuse

The Customer must not abuse, threaten the Service Provider in anyway. This will not be taken lightly by the Service Provider. The result will be instant Termination of any contracts with the Service Provider and the Customer, and a total ban of trading and communication of any form with the Service Provider.

2.3 Termination of services

If the Customer does not abide by the terms and conditions in this document or any other document provided by the Service Provider it will result in instant termination without considerations of reasoning given by the Customer. In this instance no refund is possible.

2.3.1 This Agreement continues in force until terminated by the terms of the Agreement as established at commencement or by such other method as set out in the agreement.

2.3.2 You may terminate this Agreement at any time by providing to us two weeks written notice.

2.3.3 Suncoast Web Solutions may terminate this Agreement:

i. by providing two weeks written notice to you;

ii. immediately and without notice, if Customer breaches this Agreement; or

iii. if required by law or court order.

2.3.4 Upon termination of this Agreement, you will be provided with a final invoice for services provided to you up to the termination date.

2.3.5 You agree to pay the final invoice within 7 days of the date the invoice was issued.

2.3.6 All prior invoices which remain unpaid at the time of termination immediately become due and payable upon termination of this Agreement.

2.3.7 At the conclusion of the termination date and upon the end of the Agreement with you, Suncoast Web Solutions will delete your website from Suncoast Web Solutions computer system or prevent your website from being accessed via the Internet.

2.4 Website Software

Website software used by Suncoast Web Solutions is purchased, where required on behalf of the customer for the use of the development and functionality of the customers website. There is no warranty implied or born to Suncoast Web Solutions as a result of the use of such software. Software warranties (if any) are born to the manufacturer of the software and their respective contractors. The systems known as ‘WordPress’ and ‘Joomla’ are Open Source software packages and all warranties, defects and other software related issues are born to the respective creators. Suncoast Web Solutions does not warrant or guarantee future proofing of the website software or the code that runs it. Any upgrades or modifications carried out on a website or the software that runs it, that are not performed by Suncoast Web Solutions or its authorized agents are done at the customers risk. The customer takes ownership of all responsibility for issues as a result of any updates, additions, removal or modifications not undertaken by Suncoast Web Solutions.

2.5 Disabling of website and/or modifications made to your website

The website design and associated modifications carried out on your site remain property of Suncoast Web Solutions and its associated organisation, including any other organisation owned or otherwise operated by the Suncoast Group Pty Ltd and its authorized representatives until outstanding debts are cleared. Suncoast Web Solutions reserves the right to remove or disable the whole website and/or any associated modifications made to your website from its live environment should these debts not be cleared in 7 days.

Ownership

3.1 Suncoast Web Solutions and its respective suppliers retain ownership of all software, designs and data provided by Suncoast Web Solutions to you, including all intellectual property rights therein.

3.2 Suncoast Web Solutions has no ownership rights in your website.

3.3 You warrant that your website does not and will not infringe the intellectual property rights of any other person.

3.4 Without limiting clause 5.1, you indemnify, will defend and hold Suncoast Web Solutions harmless from any claim, action, loss, damage, expense, or cost (including all legal costs and fees) arising out of or resulting from any claimed or actual intellectual property infringement by you or relating to your website.

Limitation of Liability

4.1 This clause limits Suncoast Web Solutions liability in relation to this Agreement. Please read it carefully.

4.2 To the maximum extent permitted by law, and at Suncoast Web Solutions option, you agree to limit Suncoast Web Solutions liability as the service provider to you and under this Agreement to you limited liability:

i. resupplying the service; or

ii. paying for the resupply of the service.

4.3 To the maximum extent permitted by law, Suncoast Web Solutions is not liable to you or any Registered User:

i. for any act or omission which Suncoast Web Solutions does or fails to do in relation to this Agreement; and

ii. for any loss or damage, whether direct or indirect or consequential, including time, money, good will, lost profits, damage to or loss of data, or damage to hardware or software, which may arise from the use, operation, maintenance or failed use of a Suncoast Web Solutions service or which may arise from delays, defects, errors, omissions or interruptions in a Suncoast Web Solutions service.

4.4 Suncoast Web Solutions does not warrant the quality, accuracy or fitness for any particular purpose of a Suncoast Web Solutions service.

4.5 Due to technology, Suncoast Web Solutions does not warrant that your website will be accessible at all times or that any Suncoast Web Solutions service will be uninterrupted or error free.

4.6 You are responsible for:-

i. obtaining, installing and operating the hardware and software to use and access Suncoast Web Solutions services.

ii. the creation and modification of your website.

iii. all approvals, consents and permissions necessary in relation to your website.

4.7 You acknowledge that Suncoast Web Solutions services are provided in part using third party services and products.

4.8 You acknowledge that by Suncoast Web Solutions use of such third party services or products, if the service is restricted or interrupted, then the interruption may effect the provision of the Suncoast Web Solutions services to you.

4.9 Suncoast Web Solutions is not liable to you for any service interruptions cause by third party service or product providers.

4.10 Suncoast Web Solutions does not own or control the Internet and is not responsible for Internet problems, faults or delays.

4.11 Suncoast Web Solutions will offer limited support for the first 30 days after a website built by Suncoast Web Solutions is launched on to the live environment. This is limited to correcting bugs and/or issues discovered in the course of the sites operation. All issues are to be submitted in writing to Suncoast Web Solutions whether it be electronic or via regular mail.

Indemnity

5.1 You indemnify, and forever hold Suncoast Web Solutions harmless from any claim, action, loss, damage, expense, or cost (including all legal costs and fees) arising out of or resulting from:

i. any action of, representation made by, or conduct of you and your Registered Users;

ii. the storage, transmission, display, operation, failed operation or publication of your website, including the content and information provided on your website;

iii. any breach of this Agreement by you;

iv. any Prohibited Acts by you or your Registered Users; or

v. access to or use of a Suncoast Web Solutions service by you or your Registered Users.

vi. in the event of disaster recovery where restoring data from backups is not possible.

Website Development Quotation Terms

Our terms of business ensure you have the opportunity to confirm your satisfaction during the entire project.

  • We will design and develop your website based on your requirements as mutually agreed in writing in our proposal document. All variations must be agreed to and signed. Our terms of business ensure you have the opportunity to confirm your satisfaction during the entire project.
  • We will design and develop your website based on your requirements as mutually agreed in writing in our proposal document. All variations must be agreed to and signed in writing by both parties. If such written agreement is not received within two working days, we reserve the right to proceed with the original agreed proposal. Subsequent rework will be charged at our normal hourly rates.
  • We require your website content including any requested text and images within 10 working days of the original request being made. If content is not supplied within this period, we will invoice you for work completed to date and put your website production on hold until the requested content is received and we can coordinate it back into our production schedule.
  • We will require approval of the visual design within two working days of the original approval request from Suncoast Web Solutions. We assign copyright and all graphics and any written content to the website owner once our invoices have been paid in full.
  • The website will be completed within the time frame indicated, unless variations to the agreed quote are requested and agreed to by Suncoast Web Solutions, or requested content or approvals are not supplied as required, or there are any other circumstances beyond our control.
  • Any variations to the original quote may incur additional fees as mutually agreed. A written variation will be drafted and sent to you for signature before any variations are made as previously stated.
  • We will test the website for usage in a live environment to ensure all bugs have been rectified before the website goes live on the internet.
  • We reserve the right to report your organisation to an accredited credit rating agency if all payments are not made in accordance with these terms of trade.
  • Our terms of business ensure you have the opportunity to confirm your satisfaction during the entire project. We require a 50 percent deposit (non refundable), a 30 percent progress payment to be paid after the conceptual design approval and the 20 percent balance on completion of the website and prior to uploading to the live environment.
  • Each payment due must be paid within 7 days to save any delays in completing the next stage of developing the website. The website will remain on our development servers until the final payment is received.
  • All quotations issued are valid for 30 days. Any quotations that are issued based on a time basis are subject to change as on some occasions we cannot do the job within the required timeframe quoted due to unforeseen circumstances. In this case the actual charge will change. All prices quoted are inclusive of GST.

Notices

6.1 Written notice may be given by Suncoast Web Solutions to you by:

i. mail to your address recorded on the Agreement Form;

ii. by email to your email address recorded on the Agreement Form; or

iii. by fax to your fax number recorded on the Agreement Form;

iv. by publishing changes on a website owned by Suncoast Web Solutions.

6.2 You may must report any change to your address, email or fax number by providing written notice to Suncoast Web Solutions within 7 days of any change.

6.3 Any written notice delivered to you by Suncoast Web Solutions via e-mail will be sent to you from accounts@suncoastwebsolutions.com.au or office@suncoastwebsolutions.com.au

6.4 The law in force in Queensland governs this agreement and the transactions contemplated by this agreement.

Disclaimer – Blog Articles and How To Guides

While we make every effort to ensure that content in this website is accurate and up to date, such content does in no way constitute the provision of professional advice.

Suncoast Web Solutions does not guarantee, and accepts no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any material contained on this website or any linked site. Users should seek professional advice prior to relying on, or entering into any commitment based on the content published here, which content is purely published for reference purposes alone.

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