THE FOLLOWING TERMS & CONDITIONS DOCUMENT IS UNDER COPYRIGHT PROTECTION AND IS THE SOLE OWNERSHIP OF WEB3. MODIFICATION AND DISTRIBUTION OF THIS DOCUMENT WITHOUT CONSENT FROM WEB3 IS LEGALLY FORBIDDEN.
The following terminology applies to these terms and conditions and any or all Agreements and Services with Web3. The term “Client”, “You” and “Your” refers to any customers, affiliates, visitors and any other users of our services. The terms “Company”, “Ourselves”, “Our”, “We” and “Us”, refers to Web3. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves or, or either the Client or ourselves.
PRICING & PAYMENT:
Projects are billed hourly or by the project, depending on the scope of the work. Specific fees and payment terms will be detailed in your project proposal budget list and/or initial setup meetings. Final payment is due within seven days of invoice date, unless otherwise noted. Invoices not paid within 14 days will result in an additional late fee of 10% of the project cost. Fees are non-refundable, unless otherwise negotiated by Web3. The client assumes responsibility for all collection of legal fees necessitated by failure to make payment. Web3 may request a progressive payment option at our discretion which will be expressed in the budget and fee schedule of the project contract (for example: invoicing 40% of the estimated project fees before work begins, 30% at the acceptance of the preliminary site design and the remaining 30% due at project completion).
Web3 will make every effort to be as accurate and complete as possible on estimates. To receive a project estimate, you must submit the exact specifications of your job. In some cases, a range estimate will be given, based on knowledge of project at time of estimate. If upon receipt of all project elements and Web3 determines the scope of the project has been changed from the originally agreed-upon concept by the client, the project may be re-estimated. Minor revisions are anticipated, but major design/content changes may go beyond the scope of the estimate. The client’s approval will be obtained for any increases in fees or expenses that exceed the original cost of the project by 10%. Final fees and expenses will be shown when invoice is rendered.
Additional expenses to the original project estimate will be subject to an industry-standard markup to cover time and costs involved. Any additional expenses expected to be over $100 (one hundred dollars) will be discussed with the client. The client will reimburse Web3 for expenses arising from this project, including but not limited to: stock photography, premium fonts, hi-res scanning, digital proofs, production expenses, long distance postage and travel, shipping and printing fees.
By submitting Marketing Materials for publication, the Customer warrants to Web3 that the materials do not breach or infringe:
a. The Trade Practices Act (Cth), Fair Trading Acts (State) and equivalent legislation;
b. State and Commonwealth anti-discrimination legislation;
c. Any copyright, trade mark or obligation of confidentiality;
d. Any law of defamation or obscenity;
e. Any law of contempt of any court, tribunal or royal commission; and
f. The Privacy Act (Cth); and
g. Any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory).
You represent and warrant:
a. That you have the authority to act on behalf of the Customer.
b. That you are authorised to make available the entire contents and subject matter of the Marketing Materials for publication.
MATERIAL FOR PUBLICATION
You acknowledge that:
a. The Customer has checked all Advertising Material being supplied for publication.
b. The Customer will notify Web3 of any errors in these materials as soon as possible prior to the commencement date of the Campaign. Web3 will endeavour to make the changes requested by the Customer.
c. Web3 is not responsible for errors or omissions in any Marketing Materials provided by or on behalf of you.
d. You agree to provide all Advertisements and associated materials to us, or any person nominated by us, on or before the required material deadline.
CALL TRACKING COSTS
Call tracking costs are billed via credit card at 22 cents per minute AUD inc GST. Call tracking to mobile phone numbers incurs an additional cost, which will be negotiated on a per campaign basis.
Customers upon and by lodging material with Web3 for publication or authorising or approving of any material and in consideration of acceptance and publication of the same by Web3, jointly and severally INDEMNIFY the Company, its subsidiaries, directors, officers, employees, and agents against all liability, claims or proceedings whatsoever arising from the publication, and indemnify each of them in relation to defamation, injurious falsehood, passing off, unfair competition, breach of warranty of authority or any breach of any federal, state, territory or local statute, regulation or other law giving rise to any civil or criminal liability whatsoever and WARRANT that the material complies with all relevant federal, state, territory and local laws and regulations and that its publication will not give rise to any rights against or liabilities in INDEMNIFY the Company, its subsidiaries, directors, officers, employees, and agents and in particular that nothing therein is capable of being misleading or deceptive or otherwise in breach of the Trade Practices Act.
The client will be ultimately responsible for final approval of all work. It is important to make all final corrections before the project goes online to avoid delays and additional fees. If work sent to the client for approval has not been accepted or denied within seven days of sending the work, then Web3 will assume that the work has been accepted and the project will continue on as scheduled. Web3 is not liable for any final work that has been approved by the client and has been published online.
WARRANTY OF WORK:
Web3 applies the most comprehensive testing measures available to ensure that completed websites are fully functional and as free of bugs and errors as possible. If any bugs or errors are identified with any of the completed development features created by Web3, then Web3 will fix the reported bug or error free of charge. If the bug or error is created due to an issue beyond the control of Web3, such as improper modification of the existing website code by non-Web3 developers, the addition of features created by non-Web3 developers, or the modification of the core website files, including the MySQL database by non-Web3 developers, Web3 will not fix these issues free of charge. Web3 will provide complimentary 12 months of licensing for any premium plugins used on website projects. After this 12 month period has expired, it will be the client’s responsibility to purchase and renew all premium plugins that Web3 originally purchased and installed as part of the agreed upon project contract.
Web3 provides limited support on all work completed via email messages and phone calls. The client will be invoiced separately to any invoice if onsite support where a Web3 team member visits the premises of a client for services such as email setup and website tuition is required. A callout fee based on the clients location from the Web3 office and an onsite fee per hour will be charged for all work applied. Support fees are subject to Web3’s hourly support rate.
If the client has/will have a website or email account hosting with Web3 then they also agree to the hosting terms and conditions described on the hosting terms and conditions page: http://web3.com.au/hosting-terms. When the client agrees to the terms and conditions agreement, the client also agrees to the website and email hosting terms and conditions document.
In the event of cancellation of a project, the ownership of all copyrights and original artwork, including sketches, PDF files of layouts, and any other mockups, shall be retained by Web3. Usage by the client of any of the project elements will result in appropriate legal action. A cancellation fee for work completed will be paid by the client. The cancellation fee is as follows: 35% of total project fee for preliminary work, concepts, or comps, 65% of total project fee after preliminary work but before completion, 100% of total project fee for completed work regardless of final approval. If the client terminates the project without sufficient reason, then 100% of total project fee will be billed to the client, regardless of the amount of work completed.
CLIENT PRO FORMA:
Client-specific responsibilities, as outlined in the project proposal and/or initial client setup meetings are detrimental to the success of the project. In addition, the client may be asked to complete other responsibilities that may be created once the project begins. It is important that these are executed, and the client’s acceptance of the Web3 Terms and Conditions binds them to fulfilling these objectives in a timely fashion.
It is the sole responsibility of the client to ensure that any intellectual property (artwork, code, etc.) that they provide is owned by them in accordance with copyright laws. Web3 cannot be held responsible for any copyright violations or resulting fees due to assets provided by the client. Likewise Web3 is responsible for any intellectual property it supplies.
Under international copyright law Web3 retains ownership of the original artwork pieces created for the client, although the client shall be owner of the final product/implementation (i.e. website) once the final payment towards the project has been processed. The original artwork may not be reproduced without consent from Web3. All code parts produced during the work relationship shall be owned by Web3 and may be reused in future projects, although the actual product (website, web app, etc.) of that code is solely the client’s, and Web3 will not reproduce the same final product elsewhere. The client reserves the right to reuse, modify, transfer, or sell their product.
All sensitive information shared between the client and Web3, such as content, strategy, business models, account usernames and passwords, bank details etc. must be kept confidential between Web3 and the client. This excludes information defined under the ‘PROMOTIONAL USE’ section of this agreement.
Changes to and requests for work that is in addition to the work agreed upon in the initial project scope and budget list will be invoiced and billed as separate work. Under no circumstances will requests for additional work that is beyond the initial agreed upon project scope will be undertaken without modification to the project budget and timeframe that will be determined by Web3.
LIMITATION OF LIABILITY:
Web3 cannot be held liable for any consequential or special damages, such as profit losses.
Web3 may reproduce any design, artwork, or layout in promotional materials such as brochures, mailers, and websites, unless otherwise requested by the client. Web3 may use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, and the marketing of Web3 enterprises. Where applicable, the client will be given any necessary credit for usage of the project elements.
Accepting and submitting the terms and conditions laid out within this document or payment of the initial project deposit indicates authorisation by the client to proceed with the project as described in the project proposal and budget list. In doing so they are stating that they are a legally authorised representative and are committing to pay for all fees incurred in the production of this project and that they agree to the terms & conditions laid out within this document.
The client will bear all expenses and reasonable attorney’s fees in any action brought to recover payment under this contract or in which Web3 may become a party by reason of this contract.