WebMinds – Term and Conditions

By agreeing to proceed with a website design package or project, you accept that this forms a contract with WEBMINDS and the following terms and conditions. These terms and conditions should be read in conjunction with any ‘quote/proposal’ and or tax invoice you have received from WEBMINDS.

DELIVERY OF SERVICE

WEBMINDS is agreeing to complete the work as described in any Quote, Proposal, Email and/or Package Details that may be provided to you. Please refer to those documents to understand the product you are purchasing and to ensure that it suits your needs. It is your responsibility to ensure you are aware of and are familiar with the full specifications and functionality of the product that you are purchasing and accordingly you are responsible for ensuring that you obtain from WebMinds any or above and further documents that are necessary for you to understand these matters.

You must understand the functionality of the product that you are purchasing as changes to the standard functionality may incur additional costs.

FINANCIAL ARRANGEMENTS

1. WEBMINDS services are provided at the agreed rate. A domain name can be registered by us on your behalf or provided by you. If you already have a domain name, we can arrange a free DNS transfer. WEBMINDS will also set up an email hosting account if required.
2. All logo and other design work require full payment in advance prior to commencement.
3. A 50% deposit is required for website design custom quotes. Balances will be required 30 days after receipt of deposit or upon completion of your website, whichever is first. Please note, your website may not be complete when the balance is processed.
4. All hosting monthly payment must be paid using WEBMINDS preferred direct debit provider. The direct debit provider may charge a service fee which is payable by the client.
5. All balances must be paid prior to login access being provided by WEBMINDS.
6. For web design projects where a completed design brief is not received by WEBMINDS within 60 days of receipt of the deposit, that project will be subject to a $150 administration fee to resume that project.
7. Although WEBMINDS reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.
8. Failure to make complete payments may result in your website and emails being suspended.
9. Additional extras such as graphic design work, layout changes, extra WordPress plug-ins, additional functionality items etc. must be paid in full by either credit card or Bank Transfer, prior to commencement of work.
10. All receipts/invoices will be sent via email.

CANCELLATION & REFUNDS

1. All deposits received are non-refundable.
2. Once the design brief is received by WEBMINDS, all balances are payable on a project.
3. Customer cancellation of any WEBMINDS services at any stage must be notified in writing via email. Any outstanding balances remain payable regardless of the stage of design or production of the project.
4. Non-payment of any outstanding amounts will be passed onto a debt collection agency for full payment plus expenses.
5. Payments received for subsequent 12 month hosting and support packages are non-refundable.
6. WEBMINDS do not offer refunds for server, service or software interruptions.

 GENERAL

1. Although WEBMINDS endeavour to complete every project on time or sooner, WEBMINDS cannot be held responsible for the delay in the design or development of any website design package.
2. WEBMINDS reserves the right to suspend or cancel a customer’s access to any or all services provided by WEBMINDS, at its discretion, if the account has been inappropriately used or otherwise abused.
3. Individual accounts are for the intended use of the account holder only.
4. WEBMINDS does not allow any of the following content to be stored on its servers: (a) Illegal material, including copyrighted works, commercial audio, video, or music files, or any material of any type in violation of any federal, state or local law or regulation anywhere in the world. (b) Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes “adult material” is entirely at the discretion of WEBMINDS, including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing etc. material or encrypting of any of the above. This also applies to sites which provide links to or ‘how to’ information about such material.
5. Unless otherwise agreed all websites will have a discreetly placed ‘Web Design by WEBMINDS‘ or similar link to the WEBMINDS website.
6. WEBMINDS does not control the interaction between your website and its visitors.
7. For security reasons, Cpanel access cannot be given to any WEBMINDS customers.
8. WEBMINDS builds all sites on the latest install version of WordPress at that time. WEBMINDS is not responsible for installing/updating-to future versions of WordPress. Any requests for installing and updating WordPress versions is chargeable at our normal hourly rate of $50.
9. Any website can be vulnerable to a “hack” or malicious activity. While it is out of our control, in the unlikely event of a hack to a client website, WEBMINDS can reinstate your site from a backup version, check security integrity and complete a performance update for a fee of $199.

WEBSITE DESIGN

1. WEBMINDS websites are self managed and WEBMINDS is not responsible for any copy, editing or updating of your website content.
2. After ‘sign-off’ of a website design concept, any amendments from that point will be subject to additional design fees.
3. WEBMINDS do not place any additional content to your website other than mentioned in Package or Proposal.
4. Content upload packages are available at an additional fee, charged on an hourly rate.
5. Website images must be provided by the client. For a small fee, images can be purchased from the WEBMINDS image library. Alternatively, WEBMINDS can either suggest stock image websites or can source images on your behalf at our current rate of $50 per hour plus the cost of the image/s.
6. A website will only go ‘live’ after full payment has been received.
7. eCommerce sites are developed and handed over with a standard eCommerce configuration and layout. This includes product page, checkout page and basic shipping configuration. Any variations or customisations to these layouts will be at an additional cost to the client.
8. Websites with ‘Mobile Responsive Design’ do not include any customisation to the design or layout visible on a Smartphone or tablet. The customisation is available at an extra cost following instruction from a brief provided by the client.

PLUG-INS

1. Website plug-ins purchased pre or post-sale are installed on your website on a basic level i.e. WEBMINDS provide a basic set up of information sufficient for the plug-in to function on the website.
2. Beyond the basic level of set up, additional fees apply for customisation of that same plug-in.
3. After basic installation and any customisation of a plug-in, an optional monthly support fee if applicable (paid by direct debit) will apply at an agreed rate from WEBMINDS, payable from the day login access is provided by WEBMINDS.
4. If a client opts not to pay for support for a plug-in, any queries, questions, alterations, updates, amendments or similar, will become a paid service from WEBMINDS and charged in minimum 60 minutes blocks.
5. WEBMINDS builds all sites with the latest version of plug-ins and requested plug-ins. Updating versions of any plug-in is subject to a minimum charge of $50 per hour plus any additional time spent on reconfiguration, customisation and testing.

HOSTING & SUPPORT

1. Unless otherwise agreed, websites will be hosted by WEBMINDS.
2. Customers wishing to use alternative hosting, need to confirm such hosting is suitable for the website built by WEBMINDS.
3. Although WEBMINDS host websites in most reliable Australian Server with regular backup, WEBMINDS cannot give a 100% guarantee that there will be no hosting interruptions or downtime from it’s hosting supplier and shall endeavor to inform of any scheduled updates or maintenance if possible. We will try to restore website as soon as possible if downtime caused due to our hosting interruptions and downtime.

WebMinds will issue an account credit to the account if the website availability of the Service is less than 100%, based on the following:

Standard Hosting

Premium Hosting

4. Where WEBMINDS are not hosting a website, WEBMINDS will prepare and deliver (after any outstanding balances are paid), a set of files for upload and installation on the alternative host by the alternative host.
5. WEBMINDS will not be responsible for the installation of the website on alternative hosting.
6. WEBMINDS cannot support a website which is not hosted by WEBMINDS.
7. Hosting support for your website begins the day WEBMINDS begin developing your website.
8. All fees paid for hosting and support are non-refundable.
9. WEBMINDS provides a 9am – 5pm support desk for all of its clients support.webminds.com.au

All queries or questions should be directed through the WEBMINDS support desk and the ticket system.

10. Any support request except accounting and hosting incidents are subject to a minimum charge of $50 per request which covers up to one hour of time spent. Support time includes any form of communication and also time spent on research, fix, installation, development, customisation, testing and design.  Additional support time is logged and will be charged at our current rate of $50 per hour.

Note: A separate invoice will be raised and required to be paid in full before any paid request will be worked on. WebMinds owns the right define and change support coverage anytime.

11. If in exceptional circumstance, ‘CPanel’ or ‘FTP’ access is given to a client, WEBMINDS cannot be held responsible in any way for errors, mistakes, loss or deletion of information or similar as a result of ‘CPanel’ or ‘FTP’ access. A request for recovery of any website by WEBMINDS will be subject to a formal quote to reinstate the original website install (if possible).

DOMAIN REGISTRATION

1. WEBMINDS cannot guarantee a requested domain name will be available.

2. If a WEBMINDS web design package includes a free domain name, an ABN or ACN will be required for the registration of an Australian ‘.com.au’ domain name. If a ‘.com’ is registered (as part of your package), the ownership of that domain will be transferred to you upon request.

3. All Australian ‘.com.au’ domain names purchased by WEBMINDS will be for a 2 year period. The registration of a ‘.com’ domain name will be for 1 year.

4. Domain names will always remain the property of the Customer.

 

TRANSFER

1. WEBMINDS websites cannot be transferred away from WEBMINDS servers other than by agreement and only after payment of any and all outstanding fees are received. If a transfer is agreed, WEBMINDS will prepare a set of files containing the contents of your website. An administration fee of $199 is payable for this process.
2. No responsibility can be taken by WEBMINDS for website or email disruption during any part of the transfer process.
3. WEBMINDS cannot provide support for any website they do not host on their servers.
4. If you are transferring an existing WordPress built website to WEBMINDS (without purchasing a web design package), a one-off $199 transfer fee plus hosting package fee applies.
5. If you are transferring your existing WordPress website to WEBMINDS, WEBMINDS cannot transfer your existing emails to our hosting platform. We recommend you take a copy of all emails from your existing host up to the point of transfer to WEBMINDS. Emails will be available for pick-up once the transfer of your website is complete. WEBMINDS cannot be held responsible for any emails lost during the transfer period and we recommend an alternative email address (hotmail, gmail, outlook or similar), be set up during that same time.

 

DISCLAIMER

1. WEBMINDS shall not be liable, under any circumstances, for any loss of business, profits, goodwill or data, loss of use, interruption of business, or for any indirect, or consequential damages that result in any way from the customer’s use of, or inability to use the services, or that results from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or software.
2. WEBMINDS cannot be responsible for any damages that may be suffered resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions, including interruption at payment gateways or email interruption or through receipt of spam emails.
3. WEBMINDS makes no representations, warranties or assurances that the customer’s equipment will be compatible with the WEBMINDS service.

 TRADEMARKS & COPYRIGHTS

1. The design of your website (the look and feel) is under copyright and license from WEBMINDS for use by yourself. You are prohibited from selling, replicating or reproducing any of the design of your website without written permission.
2. The customer warrants that it has the right to use any applicable trademarks on their website.

 

LAWFUL PURPOSE

The Customer may only use WEBMINDS servers for lawful purpose. Transmission of any material in violation of any federal, state or local regulation is prohibited.

 ACCEPTABLE USE POLICY

We offer several features of our web design services in a manner which is effectively unlimited for the majority of our customers subject to our acceptable use policy. We further define those unlimited aspects as follows;
Number of Pages – There is no limit other than the customer’s ability to create and manage them.
Hosting – We consider acceptable use to be less than 1Gb of storage space (over 20 times the average client’s use) and 10Gb of bandwidth per month (nearly 40 times the average client’s use). Additional space can be purchased should it be required.
Support – All support requests can be raised through Help Desk at support.webminds.com.au or  by emailing at [email protected]

 LIMITED LIABILITY

1. WEBMINDS does not warrant that the service will not be interrupted or error free; nor make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the WEBMINDS servers, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall WEBMINDS, its officers, agents or anyone else involved in creating, producing or distributing WEBMINDS web design services be liable for any damages that result from the use of, or inability to use the WEBMINDS service or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to communication failure, theft, destruction or unauthorised access to WEBMINDS’s records, programs or services.
3. Notwithstanding the above, the customer’s exclusive remedies for all damages, losses and causes of actions shall not exceed the aggregate dollar amount which the customer paid during the term of this agreement and any reasonable attorney’s fee and court costs.

 CONTRACT REVISIONS

Revisions will be considered agreed to by the customer as specified in Section “Financial Arrangements”.

This agreement constitutes the entire understanding of the parties. Any changes or modifications to this contract thereto, are agreed to by both parties upon renewal of services.

These terms and conditions should be read in conjunction with any quotes for your WEBMINDS design package.

 

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 PRIVACY POLICY

We understand the importance of your privacy and we are committed to protecting any personal information we hold about you. This is our Privacy Policy which explains what personal information we collect from you and how we manage that information.

The personal information we collect from you,

We will collect personal information directly from you including your name, postal address, email address, telephone number and your areas of interest. We collect this information so that we can deliver our services and products to you as efficiently as possible.

We collect this personal information when you visit our website and fill out a form, contact us by telephone or email or consult us in person.

Any personal information we obtain from you is stored in different ways, including paper and electronic form.

We have measures in place to make sure your personal information is safe such as policies and security measures. Only WebMinds employees, sub-contractors or agents may, for approved purposes, access your personal information.

When we receive personal information from you, we will take reasonable steps to notify you of how and why we collected your information, who we may disclose it to and how you may access it, correct it or make a complaint.

We may collect information from 3rd parties through our phone messaging service system.

 Using your personal information

We use your personal information to:

• provide you with information that you have requested
• provide you with our products and services
• improve our products and services
• promote our products and services

 Sharing your personal information

We will not disclose your personal information to any third parties without your consent, unless we must do this by law or to the extent we use third parties to “capture or manage” your personal information on our behalf.

We may disclose your personal information to our related entities for purposes related to why we collected it, including promoting their products and services.

If you want to access any personal information we have about you, email us at [email protected]. When making a request, you should specify the type/s of information you want to access. If your request for access is refused, we will give you a written reason for this. We will try and process your request as quickly as possible.

Changing your personal information

If the personal information we hold about you is wrong or needs to be changed, please email us at [email protected] and we will take reasonable steps to ensure your personal information is corrected