Last updated: 25th April 2016
Webedge asks that you do not use our website or services until you have read these Terms & Conditions.
The content contained on www.webedge.com.au (excluding these terms & conditions) is provided for information purposes only. While this content has been compiled in good faith, no representation is made as to its entirety or accuracy. Webedge makes no commitment and disclaims any duty to update, correct, or provide notice as to any error or omission in any report or other information (excluding these terms & conditions) contained on our website.
Webedge reserves the right to review and revise our Terms & Conditions. Any additions or modifications to our Terms & Conditions will be passed on to our clients with reasonable notice and in good faith that no amendments will affect your rights as a customer. Webedge reserves the right to add, modify or delete all other content on our website at any time.
If you are using or have used our services it is understood that you have agreed to the terms set forth on this page.
References to “We”, “Webedge”, “Us” and “our service” refer to Webedge and its respective products and services. References to “you”, “your”, “customer”, “client” and the like, refer to you, and your agents. These Terms & Conditions are subject to change at any time therefore it is important that you check our website regularly. Your continued use of our services implies acceptance of any subsequent revisions.
If you have questions or concerns regarding these terms and conditions, please first email us or call us on the number at the top of this page.
PAYMENT (where applicable)
50% of agreed project fee will be paid prior to work commencing. Invoicing may be split into agreed phases in the event of lengthy jobs. The final payment will be taken upon completion of the finished project, prior to the website going “live”, at which point all outstanding payments will be due.
Hosting rates will become effective once the website has been established. Hosting will be charged out at the current Hosting rate and will be charged yearly in advance. If you are not happy with your service then you can cancel your hosting immediately. From the time you receive your cancellation confirmation you will no longer be billed by Webedge. No retrospective cancellation is possible. You are billed yearly in advance for your monthly subscription. All website hosting plans are non-refundable.
If a project is postponed or cancelled by anyone other than Webedge after more than 50% completion then the balance of works will be invoiced and then completed at the customers continuation date (if any). If the project is cancelled before 50% completion then a refund will be issued minus charges accumulated by Webedge or any 3rd party costs that Webedge incurred during the project. These prices will be calculated at Webedge’s standard design rate based on the hours already spent including any 3rd party costs. Inititial deposit costs are non-refundable.
Webedge will notify you immediately of any changes of project development status, and make appropriate arrangements. If a project in development is cancelled by Webedge you will be refunded in full minus any 3rd party expenses providing you have not breached any of the terms and conditions set out here.
A request to cancel project must be made in writing to Webedge and include the signature of the authoritative client.
SUPPORT (where applicable)
Webedge can provide general support by phone and email.
Support included in all web design packages
- Billing enquiries
- General Email setup enquiries
The following attracts a support fee of $110 per hour (inc. GST):
- Face to face support
- CMS Training (onsite, phone and email)
- Content & design changes
- Setup of Website Hosting on external environment
- Setup of Email accounts at client location (onsite)
- HTML/CSS/Coding training, support or troubleshooting
- All application training and support (e.g. Photoshop, Dreamweaver, Joomla, Magento, etc)
- Time spent investigating a reported issue for which Webedge is not responsible
Copywriting (the written text in your web pages) not supplied at time of project commencement or during project will be charged at $200 per A4 page.
Support Service Level Agreement
All support issues requiring less than 1 hours work will be attended to within 2 business days of the support email or phone call being logged. Support issues requiring more than 1 hours work will be given a timeframe and you will be notified within 2 business days of the support email/call being logged. Where applicable, support fees may apply.
We will never sell, lease or distribute your contact details to any 3rd party. We will never disclose information relating to your company to any other 3rd party. We will only reveal data pertaining to your account if compelled to do so by law.
FAIR USE POLICY
We employ a fair use policy to our websites. If we believe, for any reason, that you are not behaving in a manner expected of a Webedge customer then we reserve the right to terminate your account – effective immediately.
We make efforts to ensure that our website and all of our services are online 24×7 every day of the year. There are however times when our website will be down, sometimes for things that we cannot control and others that we can. When your website is offline we will do our best to get it online as soon as possible. We will not be held responsible for damage, events or losses directly or indirectly related to your website being offline.
Webedge is a Jumba Online Services Pty Ltd Hosting Reseller and Synergy Hosting Reseller. We are not liable for your website and we make no guarantees that your website will work with other hosting providers. We endeavour to provide at least 99% uptime on all of our hosting. If in a given month, we do not reach this target, we will not offer compensation. We do our best to keep our client’s sites online but cannot be held responsible when websites are offline.
The Internet Corporation for Assigned Names and Numbers (ICANN) is a nonprofit organization that is responsible for coordinating the maintenance and procedures of several databases related to the namespaces of the Internet, ensuring the network’s stable and secure operation
The limit of our liability (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) to you or to any third party concerning performance or non-performance of the Services for any and all claims, shall not in the aggregate exceed the fees paid by you to us in accordance with these terms. Your exclusive remedy for any claim arising out of these arrangements shall be for us, upon receipt of written notice from you, to use commercially reasonable efforts to cure the breach at our expense, and failing that, the return of fees paid to us for the work related to the breach. Our liability in contract, tort, negligence, strict liability in tort or by statute or otherwise will be reduced by the extent, if any, to which you contributed to the loss.
Webedge shall not be liable to you or be deemed to be in breach of our obligations to you by reason of any delay in performing, or any failure to perform, any of our obligations in completing the services.
You shall defend, indemnify and hold us harmless from and against any loss, damage, liabilities and claims made by any third party arising out of or relating to the services or any use by you of the Work. You will reimburse us for all expenses (including counsel’s fees) as incurred by us in connection with any such action or claim. We believe that the systems we use are highly secure from the actions of hackers, viruses and other problems on the internet but can make no guarantees. All of our websites include an easy to use backup tool and it is up to you to backup and ensure the integrity of your data offline. Webedge can provide a weekly backup of your site for an additional fee.
Webedge does not warrant any of its services and is not responsible for any grammatical errors found in submitted material you provide. Webedge will not be liable for indirect, special or consequential damages, or any loss of revenue or profits, arising in connection with the projects that we develop/developed. Webedge agree to resolve any errors made by Webedge free of charge within 2 weeks of your website going live. After this period all changes to your website will be subject to our support fees specified above.
The Customer shall not submit for use by Webedge anything whose use would constitute an unauthorised dealing with copyright material. In the event of any breach of this condition resulting in such an unauthorised dealing, the Customer shall remain liable to pay all sums due to Webedge under the relevant contract and shall further indemnify Webedge against any loss, costs or expenses attributable to such unauthorised dealing.
All copyright and other intellectual property rights in any work created, commissioned or otherwise acquired by Webedge in implementation of any contract between Webedge and you shall remain with Webedge until full payment has been received. For the purposes of these conditions, WORK means and includes any artistic, literary or dramatic work within the meaning of the (amended) Copyright.
IMAGES ON YOUR WEBSITE
If we use stock imagery on your website you do not own these images, ownership is retained by the image rights owner. Such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your website by Webedge. Any editing of the dimensions in which they appear may contravene their usage rights. Do not copy the images and use them in other promotional materials. If you are looking to own the images on your website or use them for another purpose then please contact us and we will endeavour to put you in contact with the image rights owner. This of course, does not apply to images that you own and provide to us for use on your website.
Unless otherwise arranged with Webedge, you agree to a backlink to www.webedge.com.au and small Webedge icon to be visible at the footer of your website.
All services provided by Webedge may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any Federal or State law is prohibited.
Websites from Webedge cannot be used to disseminate, communicate, store or transmit:
- content sexually-explicit in nature;
- information that contains virus’, worms or malicious elements;
- copyright infringing data;
- trade secret protected data;
- data that infringes on any intellectual property, publicity rights or privacy rights;
- is defamatory, harassing or threatening;
- relates to illegal business operations or schemes;
- contains deliberately misleading, incomplete or deceptive content; or
- is deemed inappropriate by Webedge.
This website is governed by the laws of the state of New South Wales, Australia. Any dispute arising from the use of this website or services will be settled in this jurisdiction.
Terms of invoice payment are strictly 7 days. Webedge accept payment by Bank Transfer and Credit Card. Webedge uses Freshbooks secure server for all recurring payments and Credit Card transactions. We do not accept AMEX or Diners Cardor Cheques.
SEARCH ENGINE OPTIMISATION (SEO) TERMS & CONDITIONS
SEO: Search Engine Optimisation
FTP: File Transfer Protocol
CMS: Content Management System (ie Joomla!, Drupal, WordPress etc)
URL: Uniform Resource Locator (web address)
SERP: Search Engine Result Page
1.1 SEO is governed by many factors which are outside the direct control of Webedge and indeed, any other SEO company. Search Engines are third party systems with unknown variables, algorithms and indexing decisions that can change at any time, with which we have no control over. As such, no SEO specialist can offer a 100% guarantee of getting your website ranked #1 on any major Search Engine for your desired keywords.
1.2 Webedge only use honest, ethical and completely legitimate techniques and accepted standards to improve your Search Engine Ranking – no tricks, no invisible text, no dodgy black hat methods. Some other SEO companies around the world use illegal software to spam Search Engines in order to improve the website rank quicker, but this usually results in a permanent ban of the website. By working with search engines and not against them, Webedge ensures that clients have the best chance of achieving high organic search engine result page (SERP) rankings.
1.3 Webedge will provide the services with reasonable skill and care. Notwithstanding the previous sentence, the client acknowledges that Webedge has no direct control over Search Engines and cannot guarantee the speed of performance of technologies provided by Search Engines in relation to the delivery of the services.
1.4 The quantity and the description of the services shall be as set out in the Project Brief.
1.5 Webedge operates within the major Search Engines in Australia and worldwide. Listings will appear on either .com.au or .com engines dependant on the website’s status, and the decisions of the Search Engines.
2.1 The website should be hosted on a reliable server, based in the country of Search Engine interest, with constant availability, for optimum results. Webedge cannot be held responsible for problems or additional costs arising due to any errors made by third parties, or failure to maintain a current copy of your own website. (Back ups can be made at the client’s request.)
2.2 Website downtime can severely affect SEO. Down time can potentially cost the client their ranking positions for their desired search terms, and even a short period of down time can affect Webedge’ SEO efforts. If the client’s website experiences downtime due to server error, maintenance or any reason outside of the control of Webedge for a period of more than 3 days, Webedge will not be able to fulfil the service requirements as set out in the Project Brief.
2.3 In the event that the client’s website becomes unavailable for any reason (eg if the server is down or unavailable, timed out, or shows to be active but with internal server errors, 404 errors and other types of common or uncommon errors associated with the internet and its underlying infrastructure), the client will not hold Webedge responsible for these errors. All/any traffic delivered to the client’s website during this down time will not be credited or refunded. In the event that any of the above errors occur including any errors not listed but clearly intended, the client may submit in writing a request for the ad campaign to be placed on hold. Upon resolution of the problem the held campaign will continue.
2.4 The client acknowledges that there may be occasions when the client’s website or the websites of any third parties may be out of action for limited periods due to technical difficulties or routine maintenance of a third party server, and Webedge shall not be liable to the client for any downtime of this sort.
3.1 The client agrees to supply Webedge with the necessary FTP and CMS backend access to the website in order to optimise the website unless otherwise negotiated.
4.1 Search Engines change their inclusion policy ranking algorithms and methods all the time, and unless the site is maintained with necessary analysis, tuning and necessary alterations, a highly ranked site is unlikely to hold that position for very long.
4.2 Ongoing Search Engine optimisation is important. Webedge advises that regular, fresh content added to the website will help to improve the stability of rankings within search engines. By accepting this agreement, the client understands fully that regular, unique content plays an important part of the success of their website and that failure to add unique content will lessen the impact of the SEO services provided by Webedge.
5. Search Engine Submission
5.1 The client gives permission for Webedge to set, create and or set up relevant accounts with search engines on behalf of client, in order to fulfil its obligations under these terms.
5.2 Search Engines will rank websites with their own differing strategies, so it’s technically impossible to rank highly on all the major Search Engines at the same time.
5.3 Some Search Engines use the algorithms and services of bigger Search Engines. The client acknowledges that any addition or alteration to the listing of the website in any Search Engine may affect the listing in other non-targeted Search Engines.
5.4 Search Engines have differing scheduled times to crawl and index submitted sites into their database, ranging from hours to months. No SEO firm can speed up the process in any ethical way.
6.1 If during the SEO contract period between Webedge and the client, the client uses a third party (other than Webedge) for Search Engine optimisation and / or associated workings, Webedge cannot be held responsible for any consequential loss of listings or associated damages that may arise.
6.2 The client must inform Webedge of any alterations relating to the website by the client or a third party that may affect the services supplied by Webedge, including but not limited to deletion, alteration or additions of URL addresses, URL redirects, Landing Pages and their content, confirmation pages and their content, and the removal, overwriting or deletion of any of our optimisation changes. If alterations are made by the client or a third party to the client’s site, Search Engine placements may be affected and Webedge cannot be held responsible. Webedge reserves the right to issue a charge to rectify any problems to regain listings.
6.3 If, after signing with Webedge, the client or a third party makes modifications to the website that use unethical SEO techniques to try and achieve high listings on the Search Engines (such as cloaking, hidden text, keyword stuffing, etc) or add pharmaceutical, gambling or pornographic links to the website that have no relevance to the website, Webedge will issue a 7 day cancellation request. If the questionable techniques are not removed within that time, Webedge will cancel the existing contract with immediate effect and all fees payable to Webedge will be retained. Webedge will not be held liable for the effects caused by the client or a third party using unethical techniques.
7.1 Webedge is under no obligation whatsoever to accept the cancellation of the services or cancellation of orders incorrectly placed.
8.1 Webedge reserves the right to refuse to handle:
- Any media which is unlawful or inappropriate;
- Any media which contains a virus or hostile program;
- Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
- Any media which constitutes a criminal offence, infringes privacy or copyright
- Any other questionable media at Webedge’ own discretion
9. Warranties and Liability
9.1 Webedge warrants that the services will at the time of delivery correspond to the description given by Webedge, either verbally or by means of the Project Brief.
9.2 The Client agrees Webedge is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
9.3 The Client agrees Webedge is not liable for absence of service as a result of illness or holiday.
9.4 Webedge is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
9.5 Webedge shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate the website, even if Webedge has been advised of the possibility of such damages.
9.6 There are sometimes laws and taxes which affect Internet ecommerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend Webedge from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce.
9.7 Webedge may from time to time recommend to the Client that updates are needed for their website to comply with, including but not limited to, new legislations, software releases and web standards. Webedge reserves the right to quote for any updates as separate work. The Client agrees that Webedge is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold Webedge harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
10. Webedge T&C
10.1 The Customer acknowledges that no promise, representation, warranty or undertaking has been made or given by Webedge or any person or company on Webedge’ behalf in relation to the profitability or any other consequences or benefits to be obtained from the delivery or use of the Software or as to its merchantability or fitness for any purpose or purposes whatsoever and the Customer has relied upon the Customer’s own skill and judgement in deciding to acquire the Software for use by the Customer and the Customer hereby agrees to indemnify and keep indemnified Webedge against all actions, costs, expenses, charges, claims or demands whatsoever whether at law or inequity which may arise out of the use by the Customer of the Software excepting always the rights conferred on the Customer pursuant to the terms of this Agreement.
10.2 Webedge will not be responsible for a failure to supply, perform or deliver, Software and Services in the event of any fact, circumstance, matter or thing beyond the reasonable control of Webedge and shall be relieved of that obligation to the extent, and for the period, that it is unable to supply or perform the Services or deliver the Software.
10.3 To the fullest extent permissible by the law applicable to this Agreement, Webedge will not be liable for any personal injury, incidental damages, consequential losses, loss of profit or any like claims whatsoever arising from any use of, or incidental to, the Software. Without limiting this clause or any other clause in this Agreement, Webedge will not be liable for any personal injury, incidental damages, consequential losses, loss of profit or any like claims whatsoever arising from or incidental to the use of the Software by the Customer.
10.4 Webedge retains rights to all source code that it develops. The customer will receive one licence to use the product as they require.