Terms & Conditions

Engadine Web Services - Terms & Conditions...Proposals & Quotations

  1. All proposals and quotations supplied by Engadine Web Services (EWS) are valid for 30 days, unless stated otherwise.
  2. Unless otherwise stated, the proposal and/or quotation is for website design/maintenance and publication on a host server, it does not include on site software installation or software setup and adjustment. If this additional support work is required, a separate proposal and/or quotation will be provided.
  3. For design and coding work to proceed, the client must agree to the proposal, in writing. This can be in the form of a letter or email sent to Engadine Web Services. A 50% deposit will also be required, see payment terms below.

Payment Terms

  1. Unless otherwise stated, the client will be invoiced for fifty percent (50%) of the total signed proposal and EWS requires this amount to be paid before work will commence on the website.
  2. Engadine Web Services - Payment Terms...The client will be invoiced for the balance on completion of the work unless otherwise stated in the proposal. EWS requires the client to pay the final amount within 14 days from the invoice date. Payment must be made in full before the website is published “live” on the internet.
  3. Should EWS be unable to complete the website, within the agreed timeframe, due to the client’s inability to supply the necessary documentation, images etc., then EWS will issue an interim invoice for any work completed to date. The client agrees to pay this amount within 14 days of the invoice date.
  4. Payments can be made by cheque or direct bank deposit.

Project Cancellation

  1. Should the client wish to cancel their proposal acceptance, then EWS will invoice the client for any work completed to date. The minimum cancellation fee will be twenty five percent (25%) of the signed quote
  2. The client must advise EWS by telephone and in writing of the request not to proceed with the work.

Website Maintenance

  1. EWS will perform regular website maintenance when requested. (Please review current prices).
  2. Any changes/additions/deletions to the site, eg. text, pages, photos, graphics, tables, etc, will be charged at an hourly rate with a minimum one (1) hour being charged. (Please review current prices)
  3. Clients requiring regular maintenance to their site can choose to establish an annual maintenance contract, these contracts are site specific and details will be negotiated with individual clients.

Site Alterations

  1. EWS will not accept any responsibility for any alterations performed by either the client or a third party. Such alterations include, but are not limited to, additions, modifications and/or deletions.
  2. If EWS is required to correct any errors resulting from such alterations, the client will be charged at the current hourly rate. (Please review current prices)

Website Content

This requirement applies to website's designed and constructed by EWS and/or website's hosted by EWS. EWS will comply with all requests from Australian and State Government authorities to close down any site under its control.

  1. Clients are required to ensure that the content of their website meets all current Australian legislation regarding publications.
  2. The client shall further indemnify EWS in respect of any claims, costs and expenses that may arise from any material included in their website by EWS at the client’s request.
  3. EWS reserves the right not to include any material supplied by the client if EWS deems it inappropriate or offensive or host any website that contains such inappropriate or offensive material.
  4. Any site hosted by EWS that is found to contain inappropriate or offensive material will be closed down. Once the inappropriate or offensive material has been removed the site will be re-established.

Data Copyright

  1. The client will obtain all necessary permissions and authorisations in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material supplied by the client to be placed on the website by EWS.
  2. Supply of abovementioned material by the client shall be regarded as a guarantee by the client to EWS that all such permissions and authorisations have been obtained.
  3. No responsibility will be accepted by EWS for damages to or losses incurred by the client from the use of material for which the required permission or authorisations has not been obtained.
  4. No responsibility will be accepted by EWS for damages to or losses incurred by the client from the use of client supplied material which may or may not have been plagerised by the client.
  5. All original graphics designed and supplied by EWS, remain the property of EWS until the client's account has been paid in full, at which time ownership and copyright of said graphics will reside with the client.
  6. All JavaScript, Flash and Database management algorithms etc., not designed specifically for this website, will remain the property of EWS.

Data Errors & Liability

  1. EWS will exercise all due care to ensure that sites worked on by EWS are free of errors.
  2. EWS will correct any errors made by their staff in the course of working on a client’s site.
  3. It is essential that the client carries out a full review of the website prior to publishing to the final "live" host server. Testing will be carried out within a secure temporary test location. Once the client "signs off" on the website (takes responsibility for content and operation), and any final payments are complete, the website will be published on its designated final "live" host server.
  4. EWS does not accept any responsibility for losses or damage arising from errors within any site, or for losses or damage arising from a site that is not placed “live” on the Internet.

Domain Name & Hosting Renewal

  1. EWS will advise customers' of domain name and hosting account renewal via the issuing of a renewal invoice. These invoices will be issued, providing two months notice of account expiry. The invoice will also NOTE the account expiry date.
  2. EWS will issue a reminder email one week prior to account expiry.
  3. If EWS has not received the invoice payment by the account expiry date, a hosting account will be suspended for one week whereupon the account will be terminated, a domain name account will expire on that day.
  4. The recovery of these terminated and/or expired accounts will attract a setup fee and the recovery will proceed once the original invoice and the new setup fee invoice has been paid.
  5. All care and sufficient advice (2 months) will be provided by EWS, however EWS will not be held responsible for the business loss associated with the termination and/or expiry of a hosting account and/or a domain name account through non payment of an issued renewal invoice.

Disclaimer

  1. EWS will use all reasonable efforts to include accurate and up-to-date information on www.engadineweb.com.au and all EWS customer websites, but EWS assumes no responsibility for the accuracy of such information and such information is subject to change at any time without notice.
  2. EWS makes no warranties or representations of any kind with respect to the information on www.engadineweb.com.au and all customer websites, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
  3. All users agree that all access to and use of www.engadineweb.com.au and any linked website and the content thereof is at their own risk. Neither EWS nor any party involved in creating, producing or delivering www.engadineweb.com.au and all EWS customer websites shall be liable to any person for any direct, incidental, special, consequential, indirect or punitive damages arising out of access to, use of, reliance on or inability to use www.engadineweb.com.au and all EWS customer websites, or any errors or omissions in the content thereof.