The Client : The company or individual requesting the services of 4Biz Media.
4Biz Media: Primary designer/site owner & employees or affiliates.
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4Biz Media will carry out work only where an agreement is provided either by email, telephone, mail or fax. 4Biz Media will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between 4Biz Media and the client, this includes telephone and email agreements.
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Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, 4Biz Media cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
4Biz Media produce projects where every effort is made to display the pages acceptably on most popular browsers currently available, however we cannot accept responsibility for pages which don’t display properly on versions of browsers released after the project is completed.
The website, graphics and any programming code remain the property of 4Biz Media until all outstanding accounts are paid in full. At this time, the website and specific graphics and coding will be burned onto cd and belong to the client.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by 4Biz Media remain the copyright of 4Biz Media and may only be commercially reproduced or resold with the permission of 4Biz Media.
4Biz Media cannot take responsibility for any copyright infringements caused by materials submitted by the client.
We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of 4Biz Media and where no charge is made by 4Biz Media for such additions, we accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to 4Biz Media, all materials required to complete the site to the agreed standard and within the set deadline.
4Biz Media will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
4Biz Media will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
4Biz Media will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
4Biz Media will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A deposit of 60% is required with any project before any design work will be carried out. This figure is higher for websites of an adult nature or at our discretion. This deposit is non-refundable.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
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4Biz Media cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, cgi applications or software (unless specifically agreed) written by 4Biz Media remain the copyright of 4Biz Media and may only be commercially reproduced or resold with the permission of 4Biz Media.
Where applications or sites are developed on servers not recommended by 4Biz Media, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by 4Biz Media before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, 4Biz Media will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
All Content Management Software must be hosted with 4Biz Media for compatability and servicibility reasons. We reserve the right to refuse installation of the Content Management System on third party servers or to charge an additional service fee at our current hourly rate.
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4Biz Media will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers and Safari for Mac. 4Biz Media can offer no guarantees of correct function with all browser software.
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1. We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
2. Both the registration of the domain name and its ongoing use are subject to the relevant naming authority\\'s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.
3. We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
4. If a domain name is already registered at the time of web development/agreement, no discount will be given to compensate for the existing registration, nor will the value contribute to future registrations, hosting or services. If a domain name is to be managed by 4Biz Media, then applicable domain renewal rates will apply at the expiry date.
5. We do not take responsibility for domain name renewals, domain name expiries or breaches of the AUDA domain name registration policy for domain names not registered and managed by us.
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1. We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that:
a. you will not, nor will you authorise or permit any other person to, use the Server in violation of any law or regulation;
b. you will not knowingly or recklessly post, link to or transmit any material: i. that is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane or otherwise objectionable in any way; or ii. containing a virus or other hostile computer program; iii. that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction;
and c. you will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers.
2. You are responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misrouting or any other failure of email. In the event of deliberate transmission of unsolicited commercial email (UCE), 4Biz Media reserves the right to terminate services without prior notification.
3. You warrant, undertake and agree that:
a. any transactions within your Web site which are contracts for the sale of goods or services will be between you as the merchant and your end-user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate;
b. the information contained within your Web site will comply with all applicable law, and codes of practice governing the use of Web sites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force;
c. you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Notwithstanding such notification you will be liable for any and all uses of your account (and Web site) notwithstanding any fraudulent or improper use of your password or any other access to any of the facilities we offer which is not unauthorised use or access by us.
4. Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.
5. We do not warrant whatsoever that our virus protection services will
stop every virus from reaching your computer network. We make no
warranty that the service will be error free or free from interruption
of failure, and the company expressly disclaims any express or implied
warranty regarding system and/or service availability, accessibility,
or performance.
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1. Whilst we will try to improve the position of your Web Site in the Search Engine results in response to a search request, we do not warrant that this effort is in any way guaranteed
2.
We cannot be held responsible for any changes to the position of your
Web Site in the Search Engines results in response to a search request
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Whilst 4Biz Media offers our own hosting included in our pricing, no guarantees can be made as to the availability or interruption of this service. 4Biz Media cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
4Biz Media reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
4Biz Media agrees to include any email registrations, spam protection, subdomain setup and database construction, during the original project period. Any further changes, registrations or additions after the completion of the intial website (unless specifically agreed), 4Biz Media reserve the right to charge our current hourly rate.
4Biz Media will notify you when hosting and domain registration fee are due approximately one month before the renewal date, however, our usual payment terms apply from the invoice date.
Customers wishing to cancel a hosting, support or updating package must inform 4Biz Media before the invoice date otherwise full annual payment will be required.
No partial refunds will be given for hosting, servicing or updating packages cancelled during the current agreements time period. While 4Biz Media and our hosting partners take many steps to ensure that clients sites are always backed-up it is the clients responsibility to inform us when they make a change to the site so that we can then backup that specific part. For example databases of database driven sites.
4Biz Media regularly submit clients sites to search engines however, we cannot guarantee inclusion or accept responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a client's web site.
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A deposit is required from any new client before any work is carried out. It is the 4Biz Media policy that any outstanding accounts for work carried out by 4Biz Media or its affiliates are required to be paid in full, no later than 7 days from the date of the invoice unless by prior arrangement with 4Biz Media.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
Once a final payment is invoiced and paid in full, your website becomes your legal responsibility and liability. Any further development, modification or repairs (repairs within the 7 day Claims Limit excluded) required are billed according to the standard hourly rate.
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If accounts are not settled or 4Biz Media have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to a Debt Collection Agency to pursuepayment, non payment can result in small claims court judgements being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Any payment returned by the bank will incur a administration
charge. This will be invoiced and will be added to the total
outstanding debt owed by the customer. whislt late payments will also
incur a fee of per week unless prior arrangement with 4Biz Media
has been made.
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Quotations will be accepted by the client upon signature of the 4Biz Media Pty Ltd Quotation form or by confirmation in writing. After a quotation is accepted by the client, cancellation will incur a fee. The cancellation fee will be calculated on the percentage of work carried out to the date of cancellation, such calculation to be in the sole discretion of 4Biz Media Pty Ltd, based on it’s hourly charge rate at the time.
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All quotations submitted by 4Biz Media will be valid for no longer than fifteen (15) days from the date of quotation, unless otherwise specified by 4Biz Media. A quotation will only become binding upon 4Biz Media on receipt by it of the “4Biz Media Quotation” and “4Biz Media Terms and Conditions of Trading” signed by the client. Signature of these forms by the client will be unconditional acceptance by the client of both the Quotation and Terms and Conditions of Trading. Confirmation in writing by the client and instructions to proceed with work will also be acceptance of these terms.
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Should a client request alterations either:
1. after work has commenced in accordance with the original brief received by 4Biz Media; or
2. after approval by the client of the final work produced, the client agrees to pay a fee, relative to the complexity of the alterations, and time and materials necessary to effect the alterations. Determination of the complexity of cost of the alterations will be at the sole discretion of 4Biz Media. Calculations will be based on actual expenses and based on its hourly charge rate at the time.
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Whilst every effort is made to ensure correctness, the final responsibility for checking the content, layout and spelling remains with the client. No verbal approvals will be accepted. Written confirmation must be given by the client signing the disclaimer attached to each job before 4Biz Media will release material to the client.
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Any claim for faulty workmanship is to be raised within seven (7) days of the provision of the work to the client and prior to receipt of written confirmation by signature of the disclaimer by the client. Any claim is limited to resupply of the work on the part of 4Biz Media, with no liability for consequential or any other loss.
After 7 days has passed from final payment, it is deemed the work is satisfactory and any future ammendments or corrections are to billed accordingly.
This Claims Limit applies to manufacturing faults only. Not to a change of mind or indecision.
Any completion date provided in a Quotation is an estimate only. 4Biz Media services are subject to provision of a clear written brief from the client, and 4Biz Media are not liable for late delivery or non-delivery of information or instructions by the client.
If contact is severed or ceases between the client and 4Biz Media, any unpaid completed work remains the Intellectual Property of 4Biz Media.
Any work that exceeds the agreed completion time in the official specfication document and is caused by delays on the client's behalf, additional fees may be payable unless this specification document is ammended prior to this date, and is agreed to by both parties.
We shall use reasonable endeavours to provide continuing availability of
the Server and the Services but we shall not, in any event, be liable
for Service interruptions or down time of the Server.
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Each of the products and services provided by 4 Biz Media Pty Ltd to its clients has particular Title issues:
Graphic Design, HTML and CSS Coding:
1. Any graphic design images produced for the websites that do not include 3rd party rights (such as stock photography) will be assigned to the site owner in a specific assignment document at the end of the development and on full payment for all agreed services as per signed quotations and / or authorised work.
2. HTML code and CSS Code produced and accessible via the browser view source function will be will be assigned to the site owner in a specific assignment document at the end of the development and on full payment for all agreed services as per signed quotations and / or authorised work.
3. Copyright in content provided and adapted to the website will be will be assigned to the site owner in a specific assignment document at the end of the development and on full payment for all agreed services as per signed quotations and / or authorised work, where such work has been added to or altered by 4 Biz Media. Where the content is used as supplied no rights to the content title will have been waived by the client and they will retain such copyright.
4. Database and scripting language programming developed in conjunction with the development of a web site or integrated into a website are provided as part of a non-exclusive licence for use by the client for use solely in conjunction with the specific website provided. 4 Biz Media retains the rights in the code, coding methodologies and functionality and its use in other applications of similar nature. No such code can be resold as a product in its own right and can only be transferred as part of a sale of business assets. Licence agreements are available.
Programming Code, Database development
1. As part of a website development. Refer Section a.iv (above)
2. Project Development code and databases are developed for client sunder a non exclusive licence, for the sole sue as specified in the development agreement. Such licence is granted after completion of the project and on full payment for all agreed services as per signed quotations and / or authorised work. . 4 Biz Media retains the rights in the code, coding methodologies and functionality and its use in other applications of similar nature. No such code can be resold as a product in its own right and can only be transferred as part of a sale of business assets. Licence agreements are available.
3. Application Service Provision / Rented Software. All code developed and provided by 4 Biz Media under Application Service agreements, are covered by specific software / product agreements. The client retains rights to the data / content used in the application and is subject to all terms and conditions as per the relevant agreements.
Multimedia Development
The development of Multimedia CD’s, online or other presentations that are conducted under project development will have their ownership rights transferred under an assignment agreement at the end of the project and on full payment for all agreed services as per signed quotations and / or authorised work. This excludes any rights to 3rd party audio, video or stock imagery as acquired under the agreement for the client, such title rights being covered by the relevant agreements of those providers.
Unused Work
4 Biz Media retains the rights in all works produced partially or fully during the development process that are not chosen to be used for any reason whatsoever.
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You
are solely responsible for obtaining any and all necessary intellectual
property rights clearances and/or other consents and authorisations,
including without limitation, clearances and/or consents in respect of
your proposed domain name and merchant services agreements between you
and the relevant financial institutions.
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You
agree to indemnify and keep indemnified and hold us harmless from and
against any claim brought against us by a third party resulting from
the provision of Services by us to you and your use of the Server, and
in respect of all losses, costs, actions, proceedings, claims, damages,
expenses (including reasonable legal costs and expenses), or
liabilities, whatsoever suffered and howsoever incurred by us in
consequence of your breach or non-observance of these terms.
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1. We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due.
2. We may terminate this agreement immediately if you breach any of these terms and conditions, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.
3. On termination of this agreement we shall be entitled immediately to block your Web Site and to remove all data located on it. We will hold such data for a period of 14 days and allow you to collect it, at your expense, failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.
4. If you wish to terminate your account with 4Biz Media, you must do so by contacting 4Biz Media at our Postal Address or via our website, otherwise your account will be automatically renewed for the same subscription period and you will be liable for, and immediately invoiced upon the commencement of, such additional subscription period. Specifically, we require cancellation in writing and cannot cancel a service verbally.
5. On receipt of your cancellation request, 4Biz Media will cancel your service at the first available opportunity.
6. There are no refunds or credits, once an invoice is generated,
unless an invoice for a service is generated after a cancellation
requested is submitted.
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Invoices for work will be issued on completion of the work or monthly. 4 Biz Media Pty Ltd’s trading terms require payment fourteen (14) days from the date of invoice, unless alternative written agreements have been made with management. Progress payments at the end of each month will be required for part completion of work. All invoices will require payment on the same terms set out in this agreement.
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1. All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates published from time to time by us on our Web site and shall be due and payable within seven (7) days of receipt of our invoice therefore.
2. The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.
3. If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 12% per annum, from the due date of the payment.
4. 4Biz Media will only accept cash, direct deposit, money order, cheques and paypal. Any Services to be enabled by us or work to be performed by us will begin only once we have received cleared funds.
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1. TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
2. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
3. In no event shall we be liable to you for any loss of business,
contracts, profits or anticipated savings or for any other indirect or
consequential or economic loss whatsoever.
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In the event that this agreement constitutes a
supply of goods or services to a consumer as defined in the Trade
Practices Act 1974 (Cth) or any other national, State or Territory
legislation (the Acts) nothing contained in this agreement excludes,
restricts or modifies any condition, warranty or other obligation in
relation to this agreement and the goods and you where to do so is
unlawful. To the full extent permitted by law, where the benefit of any
such condition, warranty or other obligation is conferred upon you
pursuant to any of the Acts, our sole liability for breach of any such
condition, warranty or other obligation, including any consequential
loss which you may sustain or incur, shall be limited (except as
otherwise specifically set forth herein) to:
a. in relation to goods
i. the replacement of the goods or the supply of equivalent goods or
payment of the cost of replacing the goods or acquiring equivalent
goods; or
ii. the repair of the goods or payment of the cost of having the goods repaired;
b. in relation to services
i. the supplying of the services again; or
ii. The payment of the cost of having the services supplied again as in each case we may elect.
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Except where expressly provided otherwise, any notice to be given by
either party to the other may be sent by either email, fax, post or
courier to the address of the other party as appearing in this
agreement or ancillary application forms or such other address as such
party may from time to time have communicated to the other in writing,
and if sent by email shall unless the contrary is proved be deemed to
be received on the day it was sent or if sent by fax shall be deemed to
be served on receipt of an error free transmission report, or if sent
by post or courier shall be deemed to be served two days following the
date of posting.
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If any
clause of these terms and conditions is held to be invalid or
unenforceable in whole or in part, the invalid or unenforceable wording
shall be deemed to be omitted.
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The
benefit of this agreement may be assigned by us, but not our
obligations to you - to do that, you agree that we may give notice to
you in writing, and your failure to respond will be deemed acceptance.
You may transfer this agreement provided that you give us notice in the
form we require (setting out the details of the assignee) accompanied
by payment of any transfer fee specified by us. No other method of
transfer by you is permitted.
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We may change the terms and conditions of this Agreement at any time.
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These
terms and conditions constitute the entire agreement between 4Biz Media
and you, and supersede all prior agreements, understandings and
representations whether oral or written. No oral explanation or oral
information given by any party shall alter the interpretation of these
terms and conditions. Except as provided above, no variation may be
made to the contract unless it is in writing and signed by authorised
representatives of you and 4Biz Media.
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This
agreement shall be governed by the laws in force in the state of
Queensland. Both parties hereby submit to the exclusive jurisdiction of
the Courts of that State.
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Anyone who experiences a problem with their web service provided by 4Biz Media should raise the matter directly using our online contact form, by mail, email or in person. The email address is customerservice@4bizmedia.com.au. Please give sufficient information to locate the material (such as an url) and clearly outlining the grounds for dispute.
4Biz Media will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the party.
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The formal dispute procedure should only be used where the party feels that the nature of the dispute is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal dispute should be made in writing to 4Biz Media to either customerservice@4bizmedia.com.au or by mail. A representative will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any dispute can be expected within seven days of its receipt; a full and considered response to the dispute should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
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