WEB DESIGN TERMS AND CONDITIONS
In order to become a customer of alta image web design pty ltd, or a user of alta image web design pty ltd services including web design, domain name registration, website hosting, graphic design and newsletter marketing, you must agree to the following terms and conditions.
If you fail in this it could result in expiration/cancellation of services.
alta image web design pty ltd reserves the right to suspend or cancel a customer’s access to any or all service provided by alta image web design pty ltd when alta image web design pty ltd decides (at its absolute discretion) that the account has been inappropriately used or otherwise abused or if an account falls into arrears for more than 30 days past the due date. During the design phase of your project, if you do not sign off on your design within a 2 month period alta image web design pty ltd reserves the right to suspend your account. All deposits and fees paid up until this point are non-refundable. alta image web design pty ltd will quote and scope on projects ‘as seen’ and this does not include unforeseen developments or cases where the scope of a project change/s once commenced. This includes projects where the complete scope is not determined/available or has been undisclosed wether knowingly or not at the start – or where information may not have been provided to alta image web design pty ltd in quoting for the work before commencing. In such instances alta image web design pty ltd reserve the right to redetermine or re-quote the development/job at it’s sole discretion or alternatively, depending on the nature of additional scope for the additional work required, choose to provide and full refund which will complete our obligations to the end user/client.
Once the design work has been signed off prior to the website build, all fees are payable in due course, no cancellations will be accepted and all services ordered must be paid for in full. The usability, functionality and/or limitations of any content management systems is no reason for failure in paying the balance of your website. If you require a particular functionality alta image provides demos of the shopping Cart and standard CMS systems that you can trial prior to purchase. Once your website is launched you have a period of 14 days from launch to notify us of any issues. You should check contact points, phone numbers and email accounts along with spelling and any additional services requested. After the 14 day period any ongoing changes or requests for maintenance will be deemed as change requests. Please also note that websites require ongoing maintenance and after 30 days if you require updates to plugins or maintenance to your website we will scope and propose a costing based on the work required. Ongoing maintenance and upgrades of your website are on a per request basis and alta image web design pty ltd are under no obligation to perform general updates unless requested. Our maintenance plans can be found online and we recommend a minimum service interval of 12 months between website maintenance plans. If your website fails online due to lack of maintenance, upgrades or automated update failure of your content management system, database or affiliated services, alta image web design pty ltd accept no responsibility and will work with you, at your cost, to repair or restore your website if possible. alta image web design pty ltd are in no way responsible for any loss of use, earnings or financial/emotional damage incurred from a website or associated service that has failed due to lack of routine maintenance (maintenance is an add on service that we provide and can be booked in as and when you request).
Content change requests to static sites and standard shopping carts will be deemed as change requests and be charged for accordingly. Fixed prices will be offered wherever possible and invoiced prior to additional work being undertaken. Changes or amendments to original scope of work may deem a project unsuitable for further development and should the occasion arise we will notify you in due course and advise wether it forms a service we can provide or offer an alternative solution.
If a customer contravenes the alta image terms and conditions, alta image reserves the right to terminate the service immediately without refund. If alta image is required to employ the service of a debt collector to pursue any overdue balance payment a $40 AUD +GST fee will we passed on to the customer and added to the customers invoice. If the customers website has been terminated due to cancellation or expiry, altalimage can reinstall the website within a 30 day period at an extra cost of $90+ GST providing the client has a back up of the website.
Please contact us for a cancellation form, this is required before we cancel the account.
alta image web design pty ltd reserves the right to refuse service and/or access to its products and servers to anyone. We reserve the right to cancel renewal subscriptions in the interest of alta image web design pty ltd. We reserve the right to terminate an account due to untenable conditions or communication difficulties at our sole discretion. If we inform you of our intention to discontinue service with your account due to untenable working conditions or communication difficulties we will offer you a backup (if available) of your website and any associated services you may have with us – along with any relevant details you would normally require to move to an alternative service provider. We will then grant you 7 days to make the migration so we can end our obligations to you. Services not migrated within 7 days will be suspended and removed from our servers within 14 days. Untenable circumstances and communication difficulties can be for issues such as (but not limited to) the mistreatment of alta image staff or it’s associated team members, wether implied or meant and received verbally or physically, both in person or via electronic carriage (phone/email/social media or any other forms of communication both on and offline). Making passive aggressive threats and behaviour that is likely to upset or otherwise affect the wellbeing of alta image web design pty ltd team members. Spam emails or unreasonable requests received outside our normal business operating hours. Further to these, untenable conditions can also arise from the use of third party service providers who provide or offer services which conflict with those services provided by alta image web design pty ltd. For example (but not limited to) SEO, Adwords Provisions, SEM and online marketing, Graphic Design, Hosting and Server Setups. For a full list of services provided please see the services section on our website. If alta image web design pty ltd become aware of any external third party service provider abusing alta image web design pty ltds servers/services then we reserve the right to immediately suspend those services to protect the integrity of our data and management systems in house and provide a complete backup to the client for migration to an alternative service provider. This will then end all obligations by alta image web design pty ltd to you the client.
Website design & support.
You will receive a variety of web design concepts during the proofing stage, and a slight variation of each concept by email based on the design brief you submit.
You can request a reasonable number of changes to the concepts until the design is to your satisfaction, approx 2-3 is considered reasonable – however this is flexible at the discretion of alta image web design pty ltd. All websites will be delivered with blank pages and/or a blank database unless otherwise agreed during the proposal/proofing stage. The customer is responsible for inserting and providing copy, products and/or images etc unless otherwise agreed. While you maintain full ownership of your content and design, some elements of the website and it’s design remain the copyright of alta image.
In the event of you terminating your contract, you will be able to take full possession of your design and content of your site. Should you require the services of alta image web design pty ltd to facilitate such a move we reserve the right to charge a relocation and consultation charge to assist. If we choose to cancel a renewal or advise of non-renewal of your website you will be notified of logins and details required to relocate your website and the timeframe within which the transfer must be completed.
If, during the initial design stages of your project you are unhappy with the series of custom designs we send through for pre-approval, we will offer the choice to cancel the future parts of your project (conversion, build or in the case of logos, final logo creation). We reserve the right to refund monies paid up to that point (minus our administrative and design costs) and to cancel our obligations to you. If you fail to sign off on your designs within 30 days of receipt we will place your project on hold for a further 90 days. After 90 days we will cancel any outstanding parts of your project/s and if you wish to recommence at a later date we will offer to reopen your project subject to scope and quote reconfirmation and admin fees where applicable.
Websites not hosted by alta image web design pty ltd are not supported for future development or support.
alta image web design pty ltd is partnered with offshore companies in which we may outsource part of some projects to our offshore partners when we receive either complex project requirements or when we have a number of projects that need to be completed within agreeable timeframes.
Final release fee of websites if we are required to supply zipped file formats is $400+gst. alta image eCommerce stores are self managed and alta image web design pty ltd is not responsible for any copy, editing or updating of the clients website. alta image web design pty ltd is under no obligation to do any work on your website unless contracted to do so. Each website account is allocated the standard relevant bandwidth and disk space and any additional usage is an additional charge. alta image will monitor your usage and if alta image anticipates that your website may require more bandwidth/disk space your allocation will be increased for an additional cost.
If your hosting renewal is not brought up to date prior to renewal then your website will be removed from the servers. Reinstallation costs are $90+gst plus the current cost of 1 years renewal in advance of restoration (this is only available for recovery of websites and data within 28 days where it exists). alta image web design pty ltd are under no obligation to restore, retain copies or rebuild websites that have expired. Supply of backup files may be provided at alta image web designs discretion for $200+gst if required for hosting off site or on a third parties servers. You are required to keep a current copy of your website available at any given time for re-installation should it be required. alta image web design pty ltd are under no obligation to manage and maintain restore copies of your website offline. Websites stored online are under the same constraints as your local pc/mac/devices and should there be a server side issue you should be prepared to supply a complete zip file of your website and database for reinstallation. Third party applications can assist in managing and maintaining seperate copies of your website and alta image web design pty ltd can advise on this as requested. The taking of offsite backups is a seperate service from web design and web hosting and advice should be sought for use in your companies Business Continuity Plan. This also covers the area of cyber security where it is not alta image web design pty ltds responsibility to safeguard your business online from internal or external cyber incidents.
Issues with hosting or email services arising from misuse, viruses, malware, cyber attacks or other detrimental installations, that can affect other users on our network will be suspended immediately until the breach has been remedied. This may happen without warning due to the breach. We will endeavour to communicate within our standard business operating hours. If any account is deemed to be in breach or the owner of the account is unable to verify their contact details to alta image web design pty ltds satisfaction then we reserve the right to immediately suspend the account until such identity can be confirmed. alta image web design pty ltd is not responsible in these instances for any loss or revenue or affect to trading businesses and you agree to these terms and conditions upon initial deposit clearing for your project. Email services provided through your shared hosting plan are provided as a courtesy service. If you require mission critical emails where receipt and delivery need to be assured or guaranteed then we’d advise using a dedicated email service. Such services can be advised if requested. Alta Image Web Design pty ltd take no responsibility for any lost, missing, spam affected or email loss of use through the shared hosting services.
If the user is at breach then alta image may reclaim costs incurred due to outages/re-location expenses. alta image recommends the use of local anti virus software and regular maintenance of your home or corporate computer terminals by suitable professionals. We also discourage the use of shared terminals or ‘internet cafes’ for accessing your content management systems/emails or hosting packages.
While we maintain a secure environment we cannot guarantee the presence of malicious code/malware/attacks on your website. If your website becomes compromised we will work with you to restore at your expense for labour undertaken to restore your website/services. You will be advised of costs prior to any restorative measures being undertaken.
When additional bandwidth/disk space is purchased, the activation of the disk space is provided as the website requires it up to the purchased amount. Although alta image web design pty ltd monitors the bandwidth/disk space usage of the website, alta image web design pty ltd does not take responsibility for any website going offline due to exceeding bandwidth or disk space.
On all alta image website there is a built-in authorship page that links to the alta image website, this is included either in the footer of the site or alternatively on our eCommerce builds included in the automated invoices. This page is linked from the footer/invoice of the your website.
Neither the footer link nor the authorship page can be removed without prior consultation with alta image, at which point a nominal fee will be charged to remove the link. Once your web design process is signed off and final payment received this confirms your acceptance of the build and development to this point. Any alterations, amendments or corrections shall be deemed as change requests. Websites build on open source technology that require extra patches, plugins to the core files to update will be charged as up-dateable development requests.
alta image web design pty ltd will disclose and discuss account information only with the account holder or verified account entities at our sole discretion. alta image web design pty ltd will not converse with or consult with third party service providers for client accounts. If you wish us to consult on your behalf with a third party then we reserve the right to charge our usual consultation rate at a minimum charge of 1 hour with payment to be made in advance of consultation.
alta image does not allow any of the following content or websites to be stored on its servers: Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.
Scripts-any script that creates a load on the server will be removed.
Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing etc., and encrypting of any above. Also includes any site which provide ‘links to or how to information about such material.
Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type.
In addition to this website are not allowed to link to this type of content, What constitutes ‘adult material’ is entirely at the discretion of alta image.
Alta Image Web Design pty ltd make no guarantee or claim of guarantee for your websites search engine position. While we offer SEO (Search Engine Optimisation) packages, these are to enhance and boost your presence online using ethical SEO practices. It is not a guarantee of current or future search engine position. alta image web design pty ltd take no responsibility or liability for loss of use or loss to business/es from any online search engine position changes. Search engine positions fluctuate and you understand that while alta image web design pty ltd will engage in SEO best practices at your request if engaged and paid to do so, we cannot guarantee a set position or that any search engine positions will be retained. This includes search engine positions related to website changes, migrations, upgrades and rebuilds/relaunches. If you wish to discuss your SEO position we’re happy to work with you in a respectful manner.
Financial arrangements for eCommerce website
Customers agree to a six (6) month contract, beginning upon the date alta image has designed, built and handed over the website (i.e. the date when alta image sends out the username and password).
Cost of an alta image website is a set price for design and installation, then an ongoing yearly fee for hosting, email accounts and if required domain name.
The deposit for website installation and design is due with order. The balance is due when the store or site has been designed, built and and prior to launch.
This agreement will automatically renew after the life of the contract has ended until cancelled in writing.
Fees are subject to change after this six (6) month period with or without notice from alta image.
Although alta image reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.
Failure to make ongoing/renewal payments may result in your website and emails being suspended or cancelled.
alta image web design pty ltd does not guarantee the requested domain names are available or are able to be registered.
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 we are required to manage your domain name the renewal charge for these will be reflected in your renewal costs. If you wish to self manage your domain name for any reasons please contact us in writing requesting the domain name transfer password. A registry key will be sent upon receipt which will allow you to transfer the domain name out into your own managed account with your chosen third party provider.
We reserve the right to use third party providers for elements of any web build to ensure a smooth timeline for completion and that we have a pool of talented designers and developers available for each project undertaken.
Redesigns of existing websites will be taken in accordance with current best seo practice but by no means guarantee an increase or decrease in search engine traffic which will be affected by a new launch and submission of certain sitemaps. alta image will (by means of reasonable development technologies) take actions to ensure that all redesigned and relaunched sites rank highly but can in no way guarantee search engine rankings managed by outside third parties.
Websites hosted on external hosting packages (your own or alternatives to our supplied hosting packages) are done so at your own risk. alta image web design pty ltd takes no responsibility for externally hosted websites or their integrity when stored in alternative hosting. You should make sure with any hosting that your website is kept current and up to date and that content management systems are kept to the latest operating versions and updates run where required. alta image web design pty ltd is under no obligation to upgrade your content management systems from the time your website is deployed live, updates can be made available for a reasonable fee if you would like the added security of keeping your content and site up to date. For SEO projects or content additions to your website, while alta image web design pty ltd will make changes and amend text content to tags, meta tags, titles, pages and all on page content – the end client is solely responsible for any and all content created to ensure adherence to any existing legal requirements (copyrights and trademarks). This also applies to images or information used within the website. It is the clients sole responsibility to ensure that any images (wether supplied or provided) are free of copyright or third party levies and alta image web design pty ltd will take no liability for any infringements that may arise through the use of any images/content or information through any website built. Any issues regarding content should be raised with alta image web design pty ltd so that we can help manage and maintain your SEO/Website content without impinging on third party websites or businesses if such an issue should arise. It is the clients sole responsibility to check new or existing content within their website (including tags and titles, images, text and content) to ensure they adhere to their own copyright/trademark and any external copyright/trademark requirements. alta image web design pty ltd accepts no responsibility or liability arising from any such content used within a clients website.
alta image shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made by the Customer using alta image’s server. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer.
alta image and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if alta image is aware of the risk of such damages, that result in any way from the Customer’s use or inability to use the online service or the software, or that result from errors, defects, omissions, delays in operation or transmissions, or any other failure of performance of the website, servers or the software. Websites are hosted through our third party provider and alta image web design pty ltd takes no responsibility for failure on their part to take backups and any alterations in their service levels to the detriment of the clients of alta image web design pty ltd. Clients are able to take full offsite backups if they require for data storage and integrity and must do so as per out conditions to ensure that they have a complete backup for restoration should it be required. These backup details can be provided upon request and are suggested to ensure the client has an offline copy of their website for data security and restoration purposes.
alta image makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. alta image also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays non-deliveries or service interruptions by any cause or errors or omissions of the Customer.
Email accounts while run through the servers cannot be guaranteed against being added to spam houses or outside agencies blacklists. alta image will assist where possible to aid in removal from these lists but is in no way obliged to correct issues with emails that result from internet services/providers or agencies outside of our control.
You are expected to test fully any application or programming relating to the site developed by alta image web design pty ltd for you before making such site generally available for use. Where “bugs”, errors or other issues are found after the site is put live, alta image web design pty ltd shall endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in these terms and conditions. Web development is an ongoing process and as such adjustments and changes will be charged in accordance with requirements and requests made. Our websites are built using open source technologies and we cannot fully guarantee all components within for specific functions. Updates to open source technology roll outs can be updated (at a cost to the client) to bring your version/systems currently in use up to date.
Once your website is live alta image web design pty ltd will ensure that it has 90 days of support to keep up with the current framework and CMS version updates. After this time – and due to the nature of content management system updates and upgrades and general internet infrastructure, any further changes, updates and maintenance required will be at the clients request and the clients expense. We recommend a yearly website maintenance session which can be requested at any time for a minimal cost (call 1300 84 21 25 for details), and this will ensure your website is kept up to date with the latest infrastructure online and the latest stable running versions. If you fail to request or perform maintenance on your website, alta image web design pty ltd are not liable for any issues arising from such lack of maintenance.
Use of any information obtained by way of alta image is at the Customer’s own risk, and alta image specifically denies any responsibility for the or quality of information obtained through its services.
alta image expressly limits its damages to the Customer for any non-accessibility time. alta image specifically denies any responsibilities for any damages arising as a consequence of such unavailability. Opening hours of support are in line with our business operating hours.
Trademarks & copyrights
The Customer warrants that it has the right to use the applicable trademarks, if any.
Hardware, equipment & software
The Customer agrees that he or she has the necessary knowledge to maintain the Standard CMS or eCommerce website.
The Customer agrees that it is not the responsibility of alta image to provide their knowledge or customer support outside of the defined service of the alta image Standard CMS or eCommerce website. If such support is required we charge a $60+gst consultancy fee to ensure that all clients receive the best advice and information available at the time.
The Customer is responsible for, and must provide all telephone, computer, hardware and software equipment and service necessary to access alta image website. alta image makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the alta image services.
The Customer expressly agrees that use of alta image websites and service is at the Customer’s sole risk. Neither alta image, nor its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that the alta image service will not be interrupted or error; nor do they make any warranty as to the results that may be obtained from the use of the accuracy, reliability or content of any information, service or merchandise contained in or provided through the alta image servers , unless otherwise expressly stated in this agreement.
Under no circumstances, including negligence, shall alta image, its officers, agents or anyone else involved in creating, producing or distributing alta image service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the alta image website service; or that result from mistakes, omission,interruption, deletion of files, errors, defects in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to alta image’s records, programs or services. The Customer hereby acknowledges that this paragraph shall to all content on alta image’s servers.
Notwithstanding the above, the Customer’s exclusive remedies for all damages, losses and cause of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Customer paid during the previous six months prior to the damages/losses/actions arising.
The Customer may only use alta image servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material legally judged to be threatening or obscene, profane, or material protected by trade secrets. This also includes links or any connection to such materials.
The Customer agrees that it shall defend, indemnify, save and hold alta image web design pty ltd harmless from any and all demands, liabilities , losses, costs and claims, including reasonable attorneys’ fees, ( “Libiliti” ) asserted against alta image web design pty ltd, its agents, its customers, servants officers and employees, that may arise or result from any service provided performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless alta image web design pty ltd against Liabilities arising out of any injury to person to property caused by any product sold or otherwise distributed in connection with alta image’s server any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party copyright infringement any defective product which the Customer sold on the alta image Server.
While your website is hosted with us it is your sole responsibility to ensure that at all times you have a valid and complete backup of your site and any emails. Emails must not be stored on your hosting server and accounts that pool resources to store emails may be suspended with or without warning. We can recommend third party website backup services should you require them.
alta image web design pty ltd, while managing website backups regularly where possible, takes no responsibility for any loss of data due to our third party providers service levels or their ability to maintain their service levels. We undertake no liability should there be a service outage or loss of data due to our third party providers and clients are free to maintain their own regular website backups. If you are unsure how to manage your own website backups then please request further details by emailing email@example.com
alta image web design will respond to emails within 48 business hours where service levels allow, we shall respond professionally and courteously. We require that our clients adhere to the same standards and we will not respond to threats, swearing or intimidating behaviour. This includes the use OF CAPITALIZED TYPE in communications to indicate shouting expressions. You should contact us through the appropriate email/phone channels and not via social media or online portals for requests/communication.
This agreement shall be governed in all respects by the laws of Victoria, Australia. The parties are to irrevocably submit to the non- exclusive jurisdiction of the courts of Victoria, Australia.
This agreement shall be governed in all respects by the laws of Victoria, Australia. The parties are to irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of alta image, services as specified in Section I.
The Customer may not transfer this agreement without the written consent of alta image. alta image websites cannot be transferred away from alta images service unless agreed prior and the release fee has been paid in full. Domain names will always remain the property of the Customer.
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 services.
All of our prices shown are in Australian dollars ( AUD )
alta image web design pty ltd reserves the right to review content prior to scope and proposal for any new build and will review on a case by case basis if needed. A single page landing design is to be no more than A4 in size (with a reasonable sized font used for content) and to advertise a single point of business.
Important note about Data Backups and Retention
It is your responsibility to keep alta image up to data with your contact details. alta image web design pty ltd will only engage with account holders for the safety and security of both our clients websites and our internal services. You are solely responsible for keeping offsite copies of your website up to date and current, in the event of data loss you will be requested to supply a current copy of your website for reloading if required. alta image web design pty ltd are in no way responsible for loss of your data online and we can provide reference to external third parties who offer data management as a service should you not wish to manage and maintain your own offline backups.