Duration of Contract
The contract for web design and hosting as contained within this document will continue for a minimum period of twelve months from the date of contract. At the anniversary of the contract, we will extend the period for a further twelve months, and continually thereafter on payment of the yearly maintenance (or in some cases, hosting) renewal.
Charges
Charges for the provision of the service of Domain hosting are payable annually in advance. We reserve the right to change the price with one months notice after the initial contracted period.
Charges for website design and implementation are in accordance with the contract overleaf and are as follows: 50% payable on acceptance of job and 50% balance payable 28 days later (or as specified) - a 3 payment option is available on request. This payment is used to initiate the marketing of your website to the internet search engines. Any changes to the website may only be requested before the site goes live/online. After this time, any changes requested for the website will be carried out in accordance with the yearly maintenance package agreement.
Finance and interest free credit options are only available with selected performance websites to applicants who meet our financier's criteria.
A surcharge of 3% (over and above the displayed amount) is charged on all credit card payments. We accept Visa, MasterCard and Bankcard. This surcharge does not apply to those who purchase their performance website online.
Charges for any extra services such as changes to the site as agreed, or website marketing will be invoiced and must be paid within 7 days. We reserve the right to require payment in full at time of order or contract. All charges are subject to the addition of GST, which will be included in the quoted price, and shown separately on the Tax Invoice.
Copyright
The copyright, design rights and other intellectual property rights in any website which is the subject of this contract rests
with us in perpetuity. No copies or reproductions of the website may be made without our written consent. In the event our consent is given, we reserve the right to charge a fee for their use.
SEO
Due to the day-today fluctuations we make no claims or promises in regard to search engines and search engine placement and position. This is due to the sheer numbers of companies applying for inclusion on the free search engines.
Materials for Publication
You are responsible for ensuring that you have obtained all necessary licences or permissions to use materials provided to us for use on your website. We do not accept any liability for any claims of breach of copyright in respect to materials that you provide. By signing this agreement you warrant that you have obtained all necessary permissions in respect to the use of such material.
You must not provide to us or publish on your website any materials of a pornographic, indecent, offensive or illegal nature. We reserve the right to reject or remove any material that we consider unacceptable. By signing the agreement you indemnify us against any claim made against us in respect of the publication of material supplied by you.
Format
Unless otherwise agreed, all materials must be provided by you in the following format; text is to be supplied in Microsoft Word and images are to be supplied in JPEG format. Any images that are to be scanned by us need to be authorised by us in regard to this contract. This needs to be made known to us at the time of signing. The building of your site will not begin until all the information we require from you has been provided.
Changes
Changes and updates to your website are at the discretion of Oxygen Internet. Changes and updates will be charged at an agreed hourly rate. The yearly maintenance agreement includes 2 hours for updates and additions (unless otherwise specified), any changes over the free hours will be charged at the hourly rate of $118 plus GST. You will receive access to edit the site yourself if you have the ‘FrontPage' extensions program. If you make changes to your own site, you are responsible for downloading and making back-ups as we will not have current back-ups on file. You are responsible for the changes you make to your site and if Oxygen has to correct anything it will be charged at our current hourly rate.
Changes included in the maintenance package are only for text and images, re-designs are not included. Any free hours not used within the current hosting year does not accrue to the next year.
Delivery
The services which we provide to you will be delivered within 28 days of the signing of this contract, unless circumstances outside our control or which are agreed upon on signing of contract do not permit it. There is an Express Delivery service which will get your performance website to you within 14 days; however an additional cost does apply.
Links
We reserve the right to make links from other pages to your website and from your website to ours. We also reserve the right to use your website to market our own site in any promotions, letters, brochures or other marketing that we decide and at our choice.
Domain Names
You will be required to confirm to us that you have full proprietary rights to the name and agree to indemnify us in respect to any claims for damages or losses received from any third party arising from its use.
Hosting
Oxygen Internet reserves a “best efforts” clause that your site will remain visible on the internet. In the unlikely event of (hosting) server failure due to various technical, SPAM or black-listing issues, Oxygen Internet will not be held responsible for any unforeseen downtime of those servers. Downtime does not affect this contractual agreement or your yearly hosting/maintenance fee.
Bandwidth Usage
All clients have an unlimited bandwidth facility. If the amount of data transferred from your site exceeds your monthly MB allowance, a fee of 50 cents per extra MB is charged.
Browsers
We will make every effort to ensure that your website will be able to be seen on the internet by your target customer base at all times. However, we make no guarantees that full accessibility will be available at all times and in all circumstances.
Termination
We reserve the right to terminate this contract at any time should you become the subject of a receivership, bankruptcy,
winding up notice, administration or any notice of arrangements with your creditors. In the event of such a termination, this shall not affect our rights under the terms of this agreement.
Limitation of Liability
By signing this sales agreement, you accept that you have not relied upon any representation made by us or on our behalf as an inducement to enter into the agreement.
You accept that you have no rights to terminate this contract on the grounds of misrepresentation. We will endeavour to make back ups of all of the pages which make up your website. We do not however, accept any liability for any loss incurred by the failure of the back up system employed.
By signing the sales agreement you accept that we are not liable to you for any loss, costs, damages of any nature caused however, except where imposed by the operations of statutory authority.
We do not provide technical support in respect of your own software or hardware, by telephone or otherwise. Any support provided in connection with the operation and maintenance of your website is discretionary and where provided we reserve the right to make additional charges.
Our liability to you in respect of a failure by us to perform any of our obligations under these Terms and Conditions is limited to the amount that you have paid (excluding GST or other statutory imposition), in respect to invoices raised by us in accordance with this agreement.