Terms and Conditions

Terms & Conditions of the Services and Products of Australian Web Experts

The payment of a deposit, or payment in full, and/or use of AWE’s service and/or products signifies acceptance and agreement of these terms and conditions.

Delivery of Service

Australian Web Experts (AWE) is agreeing to complete the work as outlined in any Quotation Guide and/or Scope of Work and/or Ad hoc quote that may be provided to you by Australian Web Experts. Please refer to those documents to understand the product you are purchasing and to ensure that it suits you and your business needs.

We recommend that you refer to examples of past completed work by Australian Web Experts to ensure you understand the product you will be receiving under your selected package level.

It is your responsibility to ensure you are aware of the full specifications and functionality of the product that you are purchasing, in conjunction with it being your responsibility to obtain these documents from Australian Web Experts that refer to the full specifications of the product you are purchasing.

It is important that you understand the complete functionality and full specifications of the product you are purchasing as changes to the included functionality of the product may incur additional costs and/or levies.

Client Obligations and Responsibilities

You must follow all instructions provided to you by Australian Web Experts and provide to Australian Web Experts, in a timely fashion, all information, materials and content requested. All content must be provided in the format specified by Australian Web Experts. Please note that extensive instructions, or links to any content on third party sites for content retrieval will not be accepted.

Australian Web Experts will request feedback and changes at certain stages of the design and development process of your website. The revisions and/or changes submitted by you must be provided in the format required by Australian Web Experts and sent to Australian Web Experts in only one email. Sending multiple of excessive emails may cause detail to be missed and may result in you incurring additional fees and/or charges.

Once your website is handed over to you, any additional or further changes will result in you incurring additional development costs. It is your responsibility to check that the website is to your satisfaction prior to handover.

Email Configuration and Setup

We recommend you access your email from your browser. Our emails are fully responsive and are easy to access from both desktop computers and mobile devices.

You accept that it is your responsibility to set up email(s) on your desktop, laptop, smartphone, tablet or any other device for your business email use. You are aware that it is not the responsibility of Australian Web Experts’ technical department to perform email configuration or set-up for you, and you acknowledge that you will be provided with detailed, straightforward instructions on how to do this yourself.

From time to time, on a case by case basis, your Account Manager may walk you through set-up, at no additional cost to you. Due to fact that there are an unlimited number of device configurations specific to your operating system and internet configurations, we cannot troubleshoot App/Device setup issues you encounter.

Project Non-Completion

You acknowledge that, in the event that Australian Web Experts cannot complete the development of your new website due to difficulties executing the agreed services (which may be due to either project issues or client difficulties) then Australian Web Experts may, by written notice to you, terminate its agreement with you, at which time Australian Web Experts shall, at their sole discretion, either refund any monies paid by you or shall provide to you any works completed by Australian Web Experts and paid for by you.

Project Timelines and Timeframes

Australian Web Experts estimates that your new website can be designed and developed in under 28 days, unless otherwise specified and/or agreed, in writing, prior to commencing the project.

The above time frame is an estimation only and projects can be delayed by a number of factors including, but not limited to, non-compliance by you with the instructions to or requests from Australian Web Experts, incorrect content and/or information provided to Australian Web Experts and Australian Web Experts being unable to contact you for extended periods of time. You must ensure that Australian Web Experts have accurate contact information and details on file.

You must make every effort to follow the instructions provided by Australian Web Experts and provide the requested information to Australian Web Experts, within the requested timelines, to ensure delivery times and correct specifications.

Delays in providing the requested information to Australian Web Experts may result in delays for the delivery of your website and may result in you incurring additional charges and/or fees for administration time.

Australian Web Experts will make all reasonable efforts to provide the product by the estimated completion date but do not accept liability for any costs incurred, loss or damage (included consequential loss or damage) compensation or loss of earnings due to any failure to meet agreed deadlines.

In order to enable Australian Web Experts to complete your website or project within a reasonable timeframe, Australian Web Experts may progress your new website to the next stage of development in circumstances where:

– Australian Web Experts does not receive any changes or feedback from you within 14 days of such feedback being requested; or

– Australian Web Experts does not receive your content within 14 days of it being requested.

Australian Web Experts will make every effort, within reason, to contact you if any information is outstanding, however, Australian Web Experts reserves the right to develop your website without first receiving your content within 14 days of having requested the content. If Australian Web Experts decides to build your website without first receiving content from you, standard template content will be utilised across the website, which can be changed by yourself using the CMS (Content Management System) once the website is handed over to you.

In the event that Australian Web Experts does not receive any final changes to be made to the website from you within 14 days of having requested such information from you, then Australian Web Experts reserves the right to hand over your site to you, at which time your final balance will become immediately due and payable.

Variance of Project Timelines

Requests to “Pause Project” are available at an extra rate of $50 + GST per 28 days. An email needs to be approved and returned to Australian Web Experts stating that “you require the website to go slow/ pause and do not hold Australian Web Experts accountable for project non-completion timelines”. All other Terms & Conditions apply.

Request to “Fast-track Project” are available at an extra rate of $500, $1,000 & $1,500 + GST as a once off for the website to be finished within 21, 14 or 7 days. All fees are non-refundable and are dependent on you providing the requested information when required.

Package, Content and Revision Restrictions

Each Australian Web Experts package or product has certain design and functionality restrictions. It is your sole responsibility to understand these restrictions prior to engaging in any project. You should discuss any questions or queries that you may have with your Account Manager and also refer to the examples that Australian Web Experts has provided to you which fall within your budget range, and refer to any documentation that Australian Web Experts has provided to you.

During various stage of the design process, Australian Web Experts will request certain content and information from you. You need to ensure that the content and information that you provide to Australian Web Experts is correct and is your final version. Australian Web Experts cannot accept any revised content once you have submitted your content. Any revisions to content that you have provided will result in you incurring additional costs.

Where pages of content are specified, a “Page” of content consist of up to 1 A4 page of text and up to 10 images. If you require additional content on any one page, you must advise Australian Web Experts accordingly so that Australian Web Experts can provide you with a quotation for the additional content.

Where a gallery is specified, a “Gallery” page consists of up to  40 images that Australian Web Experts can enter for you. Additional images may incur additional costs or can be added by you in the Content Management System. You should also note that a Gallery constitutes 1 page.

When Australian Web Experts provides you with design layouts for approval, these layouts represent the suggested design for the website. You must understand that the inner pages of the website will follow a simpler design as there is more information required to be presented.

Australian Web Experts uses the content provided to us in the content form that you fill out. Australian Web Experts does not conduct spelling or grammar checks on the content supplied. Australian Web Experts will not write content for your website unless you have requested that this service be provided, which will incur additional costs. You are completely responsible for the content of the website and, accordingly, Australian Web Experts will treat the supplied content as the last and final version of the content. If you have any errors in your supplied content, you will be able to change and manage your content in the Content Management System of your new website.

When Australian Web Experts is providing stock photography and iconography for your website you understand that we source royalty free stock photography from the web, and as such these images won’t be unique to your site and may appear elsewhere on the web and on other Australian Web Experts constructed sites.

Australian Web Experts can provide custom copywriting for your site. Where this is the case we use wording written by Australian Web Experts that may be similar to wording we have provided to other clients. We will customise the wording to suit your business name and supplied business description but the wording on your site may be similar to the wording on other sites produced by Australian Web Experts. When the draft website is submitted to you for review you have the opportunity to change any of the copywriting supplied by Australian Web Experts to suit your needs.

Australian Web Experts sets a strict number of rounds of revisions throughout the website design and development process. The standard number of rounds of revisions is 3. Any extra changes and/or revisions required by you may incur additional costs and charges. Australian Web Experts accepts no responsibility for ensuring that rounds of changes are error free.

Changes and/or revisions must be submitted in one email and one email of changes or revisions is considered one round of changes/ revisions. Changes and/or revisions submitted in multiple emails will be rejected.

Australian Web Experts may include a link to its own website in the footer of your website and, where such link is included, you cannot take any steps to remove this link. Australian Web Experts also reserves the right to change such links at any time.

Fees and Payment Terms

The total cost of your project and any fees are set out in the Quotation Guide and/or Scope of Works provided to you by Australian Web Experts. Details regarding the costs can also be obtained from your Account Manager by request. You must ensure that you are aware of any costs and ongoing fees before you proceed with your chosen product from Australian Web Experts.

Australian Web Experts defines a “month” as a four week period, consisting of 28 days.

Any 28 day, or monthly, fees attached to your project must be paid in full in order to ensure your service continuity. Your website may be suspended if your fees fall overdue outside of Australian Web Experts’ payment terms.

Australian Web Experts has three standard payment terms for any project, as follows:

– 100% upfront payment, plus the first months hosting charge

– 50% deposit upfront, with the balance payable on completion, plus the first months hosting charge

Your Monthly Hosting charge commences immediately after you pay the deposit.

Australian Web Experts requires final payment before Australian Web Experts can make your website live.

Monthly Hosting fees are to be paid by the way of direct debit, every 28 days. Your Monthly Hosting fees will start on the date on which you have paid the upfront deposit.

Please note that a Direct Debit Dishonour Fee of $15 + GST is applied to your account wherever a direct debit transaction is dishonoured.

If you require Australian Web Experts to make changes to your site after your site is handed over to you, you will be required to pay for this work at the hourly rate or in accordance with Australian Web Experts’ standard prices as quoted. All work must be paid for in advance, and will be quoted for where requested.

If you wish to take your website and host elsewhere, you will need to pay an exit fee of $300 + GST in order to cancel your hosting with Australian Web Experts. Please discuss this with your Account Manager should you have any questions regarding this.

Please note that paying the deposit on any project with Australian Web Experts shall signify your agreement and commitment to complete the project with Australian Web Experts and your agreement to make full payment to Australian Web Experts. Payment in full of the total project cost will be required in the event that you do not wish to proceed with your project after such time as you have paid the deposit and you are outside of our standard refund period.

If accounts are not settled and Australian Web Experts have not been advised regarding the payment delay, access to your website will be denied and your website may be removed.

You authorise Australian Web Experts to process any outstanding fees via Direct Debit account details held on file. Australian Web Experts will notify you in writing of any outstanding fees relating to your account.

Australian Web Experts reserves the right to adjust the Monthly Hosting fees required to continue to provide website service to clients. Australian Web Experts will notify you via email, in advance of any such adjustment.

Refunds

Refunds shall only be provided for your website and/or services you have engaged us for within 24 hours of payment of the deposit or the full payment, on the condition that you have not returned any of the required content to Australian Web Experts and on the condition that Australian Web Experts has not commenced any work on your website.

Automatic Renewal of Domains

If Australian Web Experts are hosting your domain, or have registered your domain name for you, then Australian Web Experts will automatically renew the domain name by the due date for renewal. A domain name renewal fee will be applied to your monthly direct debit payment.

If you do not require Australian Web Experts to renew your domain(s), a cancellation request must be submitted to Australian Web Experts within 30 days of renewal. If you are unsure of your domain name renewal, please contact Australian Web Experts on 1300 420 197 immediately.

Warranty

Australian Web Experts provides a 60 days warranty on all of its work, this is voided, however, if you have logged into your CMS and made changes. When your website is completed, Australian Web Experts makes a copy of your website and the content as of the handover date.

If you have caused a technical error on your website, Australian Web Experts can reinstall your website and troubleshoot any technical errors, with additional costs charged to you. Australian Web Experts can complete a website reinstall, of the backed-up website from handover, for a fee of $300 + GST.

Website Contact Form

Some websites built by Australian Web Experts have contact forms which visitors to your site can fill out to send you an email. Australian Web Experts will ensure your contact form is working when your site is made live, however it is your responsibility to ensure you continue to receive messages from your contact form on an ongoing basis.

Australian Web Experts are not liable for any loss of income or costs incurred by you, including any consequential damage or loss suffered by you as a result of a contact form ceasing to work.

This is due to factors out of our control including but not limited to plugin incompatibilities, update incompatibilities, and email provider spam filters. We suggest you regularly send yourself messages using your contact form to ensure its operability.

Administrator Rights

On handover, Australian Web Experts will give you access to your CMS (Content Management System) so that you can self-manage your new website.

Our standard procedure is to provide clients with Client Administrator Access Level, which gives you complete control over the cosmetic content of your website, such as imagery, design elements, text and content.

From time to time, on a case by case basis, a client may require Senior Administrator Access Level, in order to amend HTML and CSS code, install complex plugins and make complex development changes to their websites. Australian Web Experts charges a standard fee of $300 + GST to create a Senior Administrator Access Level account, and requires the request, via email, in writing from the client. Further, Australian Web Experts accepts no liability for errors made on the website at a Senior Administrator Access Level.

Website Ownership and Proprietary Ownership

Providing you have paid in full for the website design and developed by Australian Web Experts, you completely own the website that Australian Web Experts have designed and built for you.

Website Files and FTP (File Transfer Protocol) Access

Australian Web Experts does not provide FTP (File Transfer Protocol) Access to clients or any other third parties, while your website is still active on our Servers.

If, for any reason, that you require access to FTP and/or your complete website files, Australian Web Experts will provide these to you, however there is an Administration Fee of $250 + GST payable and your website hosting will be terminated.

Search Engine Optimisation (SEO) Terms and Conditions

For clarification, please note that Australian Web Experts is not, and must not be confused as, Google, Google AdWords, Yahoo!, Bing, Facebook or any other search engine/ marketing platform.

Australian Web Experts will endeavour to help you achieve your online advertising goals by providing you with advice, information and technical services in relation to Search Engine Optimisation, advertising and marketing. Australian Web Experts does not guarantee any particular rate of return or performance of any online advertising or SEO, including but not limited to any particular search results page(s) or rankings. We cannot be held responsible for commercial outcomes which are associated with the Internet marketing, advertising or management of your SEO account for your business and/or website(s).

Browser Compatibility

Australian Web Experts makes every effort to ensure our websites are designed to be viewed by the majority of visitors and users. In order to achieve this, our websites are designed from the main browsers latest releases and most up-to-date browsers. You understand that Australian Web Experts cannot guarantee correct functionality on browser software across different operation systems, including outdated browsers.

Any changes made to the website, through our CMS, in some instances, can cause browser related issues. If this happens, Australian Web Experts may need to charge additional fees to rectify these problems.

Limitation of Liability

Whilst every endeavour will be made to ensure that your new website is free of errors, Australian Web Experts cannot accept responsibility for any losses or damages (including consequential loss or damage, loss of business, loss of information, loss of income and business interruption) incurred due to the construction or due to the malfunction or operation of the site or any part of it.

If Australian Web Experts suspends your website for any breach of these terms of service or any other reason, Australian Web Experts are not liable for any loss of income or costs incurred by you, including any consequential damage or loss suffered by you.

It is solely your responsibility, as the client, to ensure you are aware of renewal dates of domain names and other related services. Australian Web Experts accepts no responsibility for loss of domain names or other related services due to non-renewal. We encourage you to contact Australian Web Experts if you are unaware of the renewal dates relating to your products and/or services with Australian Web Experts.

Third-Party Provider Liability

Australian Web Experts relies on third-party providers to provide you with our products and services. We work closely with our third-party providers to provide our clients with the best hosting, domain name and email services possible. This includes, but is not limited to, services provided by Ventra IP, Synergy Wholesale, GoDaddy, Bluehost and Cloudflare.

While Australian Web Experts has selected quality partners to provide our services, we accept no responsibility nor liability for errors or problems caused by our third-party providers.

On a case by case basis, Australian Web Experts will permit clients to provide their own hosting, email or domain name service. Under these circumstances, Australian Web Experts will accept no liability nor responsibility to troubleshoot problems caused by these external providers.

When you give Australian Web Experts permission to log in to or otherwise engage with other parties to provide you with our products and services, you will be aware that Australian Web Experts excepts no liability for any problems caused as a result of having access to or engaging with other parties.

Advertising

You agree to let Australian Web Experts place a link in your footer back to our website which advertises our services. Australian Web Experts may use your website as an example of our work, including but not limited to email marketing, portfolio displays and other online advertising.

Australian Web Experts may place code on your site to enable us to retarget visitors to your site with online advertising for Australian Web Experts products and services.

Server Hosting Upgrades

We implement a standard hosting server for all Australian Web Experts websites, our standard servers are on a shared hosting platform, meaning they share resources with our other websites.

When you have a large, complex website with large image files and extensive content, you may notice a slight speed delay when loading your website on new devices.

Australian Web Experts can provide a Managed Server Upgrade to your account, ensuring extremely fast delivery of upload speeds and Unlimited Bandwidth and Disk Space for an additional fee of $50 + GST per month.

Our Server Upgrade Service must not be confused as a necessary item. This product is an option for our larger, discerning clients who require lightning speed server response times and is not relevant for most small businesses that Australian Web Experts services.

For Australian Web Experts clients who exceed 15GB Bandwidth and/or Disk Space, you will be automatically upgraded.

Suspension of Services

Australian Web Experts reserves the right to suspend and/or cancel any services provided to you, including all domain names if:

– You have outstanding invoices and accounts;

– You fail to comply with any providing of these terms and conditions, or any other Australian Web Experts policy;

– The content supplied by you is inaccurate, incomplete or is in breach of a third party’s rights;

– Australian Web Experts deems any other reason as satisfactory to protect Australian Web Experts, its staff or other clients.

In the event that your account is suspended or terminated under these terms and conditions, you must pay all outstanding balances to Australian Web Experts immediately.

Termination of Services

Either party may terminate the Monthly Hosting Service agreement for Australian Web Experts to provide website hosting services by providing the other party with 28 days written notice of such termination. If you wish to terminate your Monthly Hosting Service, then you must provide such notice in writing to the Australian Web Experts accounts department via email.

If you decide to terminate the agreement with Australian Web Experts, then the balance of any fees and/or charges owing to Australian Web Experts, including any website build project costs, Monthly Hosting fees or any other fees that you may be liable for, shall become immediately due and payable.

Recovery Costs and Charges

In the event that Australian Web Experts takes any action to recover outstanding fees and/or charges rightfully owed to Australian Web Experts, then Australian Web Experts shall be entitled to recover from you, in additional to the amount unpaid and interest, its reasonable costs of the recovery action including, but not limited to legal costs and expenses (e.g. the costs of ASIC search, document printing, registered post charges, lodgement fees and transportation costs etc). Each Client is liable for all reasonable expenses (including expenses such as debt collection commission fees) and legal costs (on a full indemnity basis) incurred by Australian Web Experts for enforcement of obligation and recovery of monies due from the Client to Australian Web Experts.

Variation

These terms and conditions may be varied or updated by Australian Web Experts from time to time. Please check this page regularly for updates to our terms and conditions.

Governing Law and Jurisdiction

These terms and conditions are governed by the law of the State of Victoria and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the State of Victoria.

No Assignment

You may not assign or transfer your rights or obligations under these terms and conditions without the prior content in writing of Australian Web Experts.

Conclusion

Our Terms and Conditions are not written to disadvantage our Clients or Australian Web Experts. Our Terms and Conditions are designed to protect both parties, holding Australian Web Experts accountable to delivering the agreed work as set out in our Quotation Guide and/or Scope of Works, while also ensuring our Clients uphold their end of the agreement as outlined in our Quotation Guide and/or Scope of Works.