Artifex Marketing Studios Standard Terms and Conditions:
WEBSITE HOSTING TERMS:
Artifex Marketing Studio offers website hosting as a reseller of hosting services. Artifex Marketing Studio creates websites but does not host websites locally. Our provider “Net Logistics” is Australian based and provides exceptional-quality web hosting solutions with supreme support and server uptime track records. Artifex Marketing Studio shall not be held responsible for any issues relating to the hosting of a website. Backups are run by Net-Logistics, as well as monthly backups by Artifex Marketing Studio. We do also recommend clients run their own backups via their website control panel.
Artifex Marketing Studio does not guarantee faultless storage of emails, and will not be liable for any damage or loss, including loss of time, resulting from storage faults. Emails are only temporarily stored online for POP3 email accounts. Artifex Marketing Studio will not be responsible for emails deleted automatically once the specified storage limit is reached.
Artifex Marketing Studio email plans offer spam filtering and virus protection facilities. These features are to help the Customer protect themselves against unwanted viruses and junk email. Artifex Marketing Studio does not guarantee protection against spam or viruses and recommends that Customers make use of other available protections such as anti virus software and firewalls.
Artifex Marketing Studio recommends that the Customer uses email client software (i.e. an email program like outlook) which will download and store copies of the Customer’s email on their own computer and/or will enable the Customer to make hard copies of important emails.
WEBSITE DEVELOPMENT TERMS:
STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development and apply to all work undertaken by Artifex Marketing Studio for its clients.
OUR FEES AND DEPOSITS
After design approval or template selection a 50% deposit of the total fee is payable. The remaining 50% shalll become due when the work is completed to your satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full. The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the Agreement. The deposit is not regundable if the development work has been started and you terminate the contract through not fault of ours.
SUPPLY OF CONTENT & ASSETS
You must supply all materials and information required by us to complete the work in acocordance with any agreed specifiction. Such materials may include, but are not limited to, photographs, written copy, logos and other printed materials. Where there is any delay in supply these materials to us it may lead to a delay in the completion of work. We have the right to extend any previously agreed deadlines by a reasonable amount.Where you fail to supply materials, and that prevents the progress of work, we have the right to invoice you for any part or parts of the work already completed.
We are pleased to offer you the opportunity to make revisions to the design. Howerever, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional design time if the changes are deemed significant or structural.
PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your co-operation with feedback and receiving content without delays.
APPROVAL OF WORK
During development you will have the opportunity to review the work in progress. You must notify us in writing any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within 7 day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
If you reject any of our work within the 7 day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that any rejection of the work, we can elect to treat this contract as completed and take measures to recover final payment.
Upon completion of the 7 day review period, we will invoice you for the 50% balance of the project.
WARRANT BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications.
You must indemnify and hold us harmless from any legal claims or legal actions related to the content of your website.
RIGHTS TO INTELLECTUAL PROPERTY
In the course of providing service, Artifex Marketing Studio will be the original author of electronic works, concepts and designs devised and produced for our clients Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
We do not guarantee any specific position in search engine results for your website. We perform basic searh engine optimisation according to current best practice.
We are not liable for any loss due to the non performance or interruptions with hosting suppliers
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
You agree to reimburse us for any requested expenses which do not form part of our proposal including, but not limited to, the purchase of templates, third party software, stock photographs, fonts, domain name, web hosting or comparable expenses.
WEB HOSTING & DOMAIN RENEWALS
Within 30 days of expiry of your hosting, domain name or SSL certificate we will automatically generate a renewal to meet your website requirements, unless notified in writing by you.The associated costs will be invoiced and failure to pay the associated costs, may cause interruptions to our services we supply you. Cancellation of our renewal service mid term will not give cause to any credits or reimbursement for that term still left to be completed.If you, the client, is responsible for the renewals, we bear no liability for your failure to do so.
CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “Joomla” and “WordPress”, we endeavor to ensure that the websites we create are compatible with all current mordern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all broswers. Where appropriate we will substitute alternative extensions or implement other solutions on a best effort basis, where any imcompatibilites are found.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, defend and indemnify Artifex Marketing Studio and its subcontractors from any claim, penalty, tariff or damage arising from you of your clients’ use of Internet Electronic Commerce.
Valid for 60 days from date of Quotation. Websites: 50% deposit payable after stage 1 (submission of design concepts or template approval), balance due within 7 days of project completion.