A copy of these terms and conditions must be accepted and acceptance noted by all Clients at the time of submission of work to dustin.com.au, indicating agreement to and acceptance of these Terms and Conditions.
Charges services to be provided by dustin.com.au are defined in the written project proposal or estimate. All services require an advance payment of a minimum of twenty five percent of the project total when approving the project unless otherwise agreed in writing. The remaining seventy five percent of the total will be due immediately upon completion of the work, except in cases where a payment or subscription plan has been agreed upon. The fee will be for the agreed work outlined in writing.
In the case of website development, the Client will be asked to approve site plan, content and design at agreed stages. If, after such approval, the Client makes any changes to the website that affects the navigation of the site, the design or layout of individual pages dustin.com.au reserves the right to charge our time at the rate of $120 per hour.
In the case of all other projects conducted by dustin.com.au, changes, support, training or other work not defined in the written project proposal or estimate will be charged at $120 per hour unless otherwise agreed in writing.
3. Payment Terms
All domain invoices must be paid before activation of registrations and renewals.
Invoices will be provided by dustin.com.au upon completion of the work and prior to any deposit due if requested. Final invoices are sent when the website has been completed and uploaded to the internet and are due within 14 days. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a clerical service charge in the amount of five dollars ($5) monthly.
Accounts unpaid sixty (60) days after the date of invoice will be considered in default and as a result, dustin.com.au at its discretion, may suspend the account causing temporary removal of, or access to any products or services supplied by dustin.com.au. Removal of such does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.
If an invoice remains unpaid 6 months after completion, then in the case of websites, the site at dustin.com.au's discretion can be taken down, sold or taken over by dustin.com.au to recuperate costs. dustin.com.au may also choose to hand the debt over to a collection agency, and only after the unpaged invoices are paid in full including any late fee amounts will the site be handed over to the Client.
If only website hosting invoices remain unpaid for 6 or more months, and after reasonable negotiation with between dustin.com.au and the Client, payment is still not forthcoming, then the debt will be handed to a collection agency and the site will be taken down. Only once paid will the site be handed over to the Client, and the Client will need to find alternate hosting.
Termination of services from dustin.com.au by the Client must be requested in a written notice and will be effective on receipt of such notice. Notice of Request for change of hosting is required 1 month prior to hosting change. Hosting charges will end 1 month after notification of such. The Client agrees to be responsible for payment for any work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Subscription services may be cancelled at any time after the completion of the contract period. Cancelation of the service prior completion of the contract incurs payment of the balance of the contract amount.
5. Legal Restrictions
dustin.com.au’s services may be used for lawful purposes only. Submission, transmission, or maintenance of any information or materials in violation of any state or federal statutes and/or regulations is prohibited. This includes, but is not limited to, material legally judged to be threatening racist or obscene. dustin.com.au reserves the right to refuse service to the Client without providing reason or cause.
All content supplied by the Client will be assumed third party copyright free. dustin.com.au cannot accept responsibility for any copyright issues arising from improper use of copyrighted images or content.
7. Standard Media Delivery
All websites built by dustin.com.au are designed responsively, optimised to work on a wide variety of browsers and devices. No site is guaranteed to be printable without a dedicated printable version of any specific page.
Unless otherwise specified in the project proposal or estimate, this Agreement assumes that all content will be provided by the Client in electronic format (text files, text documents, photos and graphics). In the case of website projects, dustin.com.au will edit upload content as agreed , and the Client is to insert the rest, unless a data entry fee is negotiated, as specified in the project proposal or estimate. All graphics need to be provided electronically in .gif, .jpg, .png or .tiff format.
We warrant our work to be fit for purpose and will take reasonable steps to remedy issues or errors made on our part after project approval.
Additional (to proposal) expenses may be incurred for corrective work, conversion of media or outside facility charges. The scope of the work will be defined by the project proposal or estimate.
The proposal will clearly outline what is to be delivered. If any items are missing dustin.com.au needs to be informed prior to signing these terms to enable supply of a new proposal with inclusion of missing items. The project proposal or estimate will not cover any items that have not been specified or are missing from the proposal at the time of proposal acceptance.
Changes to Client's business during project timeline which necessitate changes to already created work will incur an extra charge according to time spent at a rate of $120 per hour.
All website projects include up to 1 hour or handover training to demonstrate how to administer and manage your new website. Additional changes, support, training or other work not included will be charged a rate of $120 per hour unless otherwise agreed in writing.
All software, including CMS, eCommerce, Wordpress plugins and other scripts are supplied "as is", in accordance to their individual copyright agreements, licences and warranties. Specific website functionality and features are subject to change without notice.
All websites includes basic SEO, Google Analytics setup and Google search engine submission only. Setup of social media accounts, Google places or any other external account or service is not included unless otherwise stated.
Website design and development does include setup of hosting server, email, content management system (CMS) or other software licences unless otherwise stated.
8. Design Credit
dustin.com.au reserves the right to use any Client work in portfolio or marketing material produced by dustin.com.au.
Websites designed by dustin.com.au to include a discrete link back to dustin.com.au from the Client's website stating "Site by dustin.com.au”. This design credit is to remain on the site unless the editing of the site has been taken over by another party and the design appearance of the site has changed by over 90% from its original look as provided and designed by dustin.com.au.
dustin.com.au must be in acceptance of the removal and notified in event of its change, so that the site can be removed from any portfolio or marketing material produced by dustin.com.au.
In cases where the site's graphic design has been supplied by a third party, the designer will be credited, and the dustin.com.au credit will state "Site development by dustin.com.au".
9. Intellectual Property
The Client retains IP of work produced by dustin.com.au. Unless design copyright is signed over to the Client, dustin.com.au retains copyright of any design or coding that is created by dustin.com.au, excluding elements formed directly from the Client’s logo or branding imagery or facets of their corporate identity. The Client can use and re-use the design elements created for the site in an unlimited fashion for the site and any other graphical online internet-displayed purposes only. Styles and designs created in the production of the website design may not be used in other material for the Client’s advertising unless permission is given by dustin.com.au. An extra design fee will be due for the multiple use of design features.
The Client accepts that they do not have exclusive rights to any regenerative code used in the development of the website. The Client does not have any ownership of the code used in the site, they can not copy, modify, lease or sell the code without explicit permission. Sale of the website by the owner transfers the use of the site only but the copyright and ownership of the code used by the site remains with dustin.com.au and/or partners/contractors.
The Client agrees to remove any reference to dustin.com.au (including the link) should dustin.com.au deem the site to no longer be representative of dustin.com.au's design style and quality.
10. Right To Pull
By accepting this Agreement, the Client agrees to give dustin.com.au access to the Client’s installed website and/or domains (FTP access, cPanel, or other required administrative access) and further agrees that dustin.com.au shall have the right to alter that site for failure to adhere to item 8 or 9 of these terms or remove from public posting for unresolved and continued failure to adhere to item 3.
11. Post-Placement Alterations
dustin.com.au cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once uploaded and live. Such alterations include, but are not limited to additions, modifications, or deletions.
The Client agrees to indemnify dustin.com.au from any and all claims resulting from the Client’s use of dustin.com.au’s services which cause damage to the Client or a third party, including but not limited to any direct, indirect or consequential damages, errors or omissions caused by any employee or director of dustin.com.au, loss of data resulting from delays, non-delivery or interruption in service or for actions resulting from unauthorised hacking into any Website or online database created by us, or from the misuse of any content management system provided by us. The Client acknowledges and agrees that dustin.com.au cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond the control of dustin.com.au.
13. Website and Email Hosting
Any website hosted by dustin.com.au may never include third party software, or any open source web software or any off-the-shelf systems such as but not limited to WordPress. If any Client has administrative access to their site and uploads 3rd party software or any kind, dustin.com.au reserves the right to instantly terminate their hosting account. This item is to guard against potential hacking of our hosting server.
Hosting is billed monthly unless otherwise arranged. Payment for the month is required within 2 weeks of issue of the invoice for that month. If a hosting account remains unpaid after one month from date of invoice, dustin.com.au reserves the right to suspend the hosting account until payment is received.
All care is taken to ensure uptime and security of your website and email. If you have chosen to host your services with us, in the event of security issues or data loss, hourly backups of your website files, database and email are maintained as a courtesy. We strongly recommend keeping regular backups of your website files, database and email on your own computer as an added safeguard. Simple instructions to create website backups are available on request.
You indicate acceptance of these terms and conditions of service by placing a hosting order with dustin.com.au. These terms and conditions will not be varied for individual customers.
13a. SOFTWARE LICENCE AND RIGHTS
13a.1 If the Client requires use of software owned by or licensed to dustin.com.au ("dustin.com.au's software") in order to use the Services, dustin.com.au grants to the Client and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use dustin.com.au Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Client any right, title, interest or intellectual property rights in dustin.com.au Software.
13a.2 In relation to dustin.com.au's obligations under this Agreement in connection with the provision of the Services, the Client grants to dustin.com.au a royalty-free, world-wide, non-exclusive licence to use the Client Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to dustin.com.au any right, title, interest or intellectual property rights in the Client Software or the Content.
13a.3 The Client undertakes that he will not himself or through any third party, sell, lease, license or sublicense dustin.com.au Software.
13a.4 dustin.com.au may make such copies of the Client's content as may be necessary to perform its obligations under this Agreement, including back up copies of the content. Upon termination or expiration of this Agreement, dustin.com.au shall destroy all such copies of the content and other materials provided by the Client as and when requested by the Client.
13b. SERVICE LEVELS AND DATA BACKUP
13b.1 dustin.com.au shall use its reasonable endeavours to make the server and the services available to the Client 100% of the time but because the services are provided by means of computer and telecommunications systems, dustin.com.au makes no warranties or representations that the service will be uninterrupted or error-free and dustin.com.au shall not, in any event, be liable for interruptions of Service or downtime of the server.
13b.2 dustin.com.au carries out data backups for use by dustin.com.au in the event of systems failure. dustin.com.au do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly dustin.com.au accepts no responsibility for data loss or corruption.
13c. ACCEPTABLE USE POLICY
13c.1 The website and use of the services may be used for lawful purposes only and the Client may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Client agrees not to:
13c.1.1 use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the services;
13c.1.2 send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
13c.1.3 publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the services or on the website;
13c.1.4 threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
13c.1.5 engage in illegal or unlawful activities through the services or via the website;
13c.1.6 make available or upload files to the website or to the services that the Client knows contain a virus, worm, trojan or corrupt data; or
13c.1.7 obtain or attempt to obtain access, through whatever means, to areas of dustin.com.au's network or the services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
13c.1.8 operate or attempt to operate IRC bots or other permanent server processes.
13d.1 The Client warrants and represents to dustin.com.au that dustin.com.au's use of the content or the Client software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Client has the authority to license the content and the Client software to dustin.com.au as set out in clause 6.2.
13d.2 All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, dustin.com.au shall not be liable to the Client as a result of any viruses introduced or passed on to the Client.
The Client agrees to indemnify and hold dustin.com.au and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against dustin.com.au arising out of any breach by the Client of the terms of this Agreement or other liabilities arising out of or relating to the website.
13f LIMITATION OF LIABILITY
13f.1 The entire liability of dustin.com.au to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the services under this Agreement in respect of which the breach has arisen.
13f.2 In no event shall dustin.com.au be liable to the Client for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or dustin.com.au had been made aware of the possibility of the Client incurring such a loss.
13g. TERM AND TERMINATION
13g.1 This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
13g.2 dustin.com.au shall have the right to terminate this Agreement with immediate effect by notice in writing to the Client if the Client fails to make any payment when it becomes due.
13g.3 Either party may terminate this Agreement forthwith by notice in writing to the other if:
13g.3.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
13g.3.2 the other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
13g.3.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
13g.3.4 the other party ceases to carry on its business or substantially the whole of its business; or
13g.3.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
13g.4 Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
13g.5 On termination all data held in the customer's account will be deleted.
dustin.com.au is not responsible for Client programming issues other than ensuring that programming languages such as PHP are installed and functioning on the hosting server.
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
13j. DATA TRANSFER
13j.1 Web hosting accounts include a certain amount of data transfer according to package chosen or applicable, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included, or until the next month period commences.
13j.2 Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, subdomain or directory.
13k. SERVER USAGE
Should your account use more than 5% of the server's processing power and as a result have a detrimental effect on other customers, we will discuss with you alternative solutions for your hosting requirements.
13l. WEBSPACE USAGE
Unlimited web space is available for genuine website content; content must be linked into web pages. Clients are prohibited from using the server as a file/backup repository. Clients are expected to employ good house keeping when maintaining their account.
These Terms and Conditions supersede all previous representations, understandings or agreements. There may be exceptions to these terms specifically outlined in the project proposal or estimate. The Client’s signature below constitutes agreement to and acceptance of these Terms and Conditions. dustin.com.au reserves the right to change the terms and conditions of the acceptance of future orders for authoring and placement of the Client’s pages. These Terms and Conditions are not negotiable.
15. Governing Law
This Agreement shall be governed by the laws of Australia, which shall claim venue and jurisdiction for any legal motion or claim arising from this Agreement.
All prices exclude GST. If you have any questions or concerns regarding any part of this document please contact us.