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WEBSITE DESIGN


WEB ARTISTRY TERMS OF SERVICE

By agreeing to proceed with a website design package or other project with Web Artistry, it will be understood that you accept and agree to the following terms and conditions. These terms and conditions should be read in conjunction with any quotation or invoice you have received from Web Artistry.

Definitions:
When we say "We" "Web Artistry", "us", "our" and "our service" we are referring to Web Artistry and its respective products, services and advice and our agents. References to "you" "your" "customer" "client" and the like, refer to you, and your agents. 


WEBSITE DESIGN PROCESS

Upon receipt of your free trial form, we will be in contact to request information we need to work on your website for you. This may include your logo, the main menu page names you would like, the text content and featured images you would like used on the home page, your contact details and your general design preferences.

Once we have received your information, we will complete your 2 hour free trial and provide you with the opportunity to view it. You may choose to go ahead with a website design at this point, and should you choose to, a deposit payment will be due. The deposit payment is refundable if we have not fulfilled our obligations to deliver the work required. The deposit is not refundable if the design work has been started and you choose not to proceed through no fault of ours.

Upon payment of the deposit, we will require the content and information to complete your website. We advise you have your full website content and images prepared in readiness at this point.

We allow a 2 week timeframe in which to complete standard website designs and a 4 week timeframe in which to complete eCommerce website designs. If you are not able to provide the content for your website as it is requested during this period, this timeframe will not be able to be met and completion of your website will then depend entirely on our existing workload and other previously booked work. At the end of the 2 week completion period for standard website designs and 4 week completion period for eCommerce website designs, the free trial period of the system expires and website hosting will become payable. 

As a certain amount of feedback required during a design, please appoint a single point of contact from your side to be made available on a daily basis in order to expedite the feedback and design process.

We are pleased to offer you the opportunity to make revisions to your design but please be aware that significant or repeated requests for revisions of design or content may incur additional fees which we will discuss with you. A specified time period of graphic design work is included in our design packages. If your requests for revisions to the design mean the specified graphic design time period may be exceeded, we will discuss the costs with you for your consideration.

We ask that you agree to reimburse us for any expenses which do not form part of the web design package including but not limited to stock photographs outside of those included, fonts, domain name registration or comparable expenses. If such expenses may be required for your design, we will discuss the costs of these with you for your consideration.

On completion of your website design you will be notified and have the opportunity to review it. Please let us know of any unsatisfactory points within 7 days of our request for you to review the website. Any of the work which has not been reported to us as unsatisfactory within the 7 day review period will be deemed to have been approved. Once approved, or deemed approved, the website design will be completed and the final invoice payment will be required.

Once final payment has been received, you will be provided with instructions to activate your website. We will then assist you with linking the website to your domain name, setting up email address/es and conducting final checks on the website functionality. Once complete, we will provide you with the login to your live website in order for you to manage, update and edit it as you see fit, with unlimited email support if you have questions.

From this point onwards, should you prefer us to make changes or updates to the website on your behalf, we are happy to provide these services - simply contact us and we will provide a quote to complete the work you need. Minor updates start from $29.00.

CONTENT, TRADEMARKS, IMAGES, ECOMMERCE

We reserve the right to refuse to design or continue to host any website which it believes:

  • offers for sale goods or services, or uses or displays materials, that are illegal, obscene, vulgar, offensive, dangerous, or are otherwise inappropriate;
  • has become the subject of a government complaint or investigation; or
  • has violated or threatens to violate the letter or spirit of these terms and conditions.

You represent and warrant that you will not engage in any activities:

  • that constitute or encourage a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or the violation of export control or obscenity laws;
  • that defame, impersonate or invade the privacy of any third party or entity;
  • that infringe the rights of any third party, including but not limited to the intellectual property, business, contractual, or fiduciary rights of others; and,
  • that are in any way connected with the transmission of "junk mail" "spam" or the unsolicited mass distribution of e-mail, or with any unethical marketing practices.

You are responsible for all goods and services offered at your website, all materials used or displayed at the site, and all acts or omissions that occur at the website or in connection with your account or password. 

You represent and warrant that you have full power and authority under all relevant laws and regulations:

  • to offer and sell the goods and services offered at the website, including but not limited to holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of the goods or services offered;
  • to copy and display the materials used or displayed on the website; 
  • to use all logos, trademarks, images and text displayed on the website; and
  • to provide for payment and delivery of goods or services as specified at the website

You confirm and warrant that you are the owner of, or duly authorised by the owner to use, any trademark or name requested or allocated as its Domain Name. You further warrant that neither your, nor our use or registration of your Domain Name constitutes infringement of any other entity’s Intellectual Property Rights.

We will not become involved in any disputes between you and your clients/customers and cannot be held responsible for any wrongdoing on your part.

MAINTAINING WEBSITE CONTENT BACKUPS

Backups are created as part of your hosting inclusions, but we also absolutely recommend you maintain up to date copies of all the text, images and content on your website in an external location, such as a flash drive. 

SEO

The process of search engine optimisation for your website is a ongoing process involving both the intial setup we complete for you as part of the done-for-you SEO and processes you complete such as adding new and original content, completing relevant directory listings etc. It may take anywhere from 2 months to 4 months to see improvements in your results on search engines depending upon many factors such as the competition, the size of your site etc.

We will at all times do our best to understand your needs and work with you to achieve results in terms of search engine rankings, but we do not guarantee ranking positions or consistency of rankings.  

A website search engine ranking can fluctuate on any given day, at any given time because of on-going changes in the ranking algorithm, SEO efforts made by the competitors or yourself, or both.

The following may affect your SEO rankings :

  • Renaming, re-locating, adding or removing any file, folder or sub domain on a web server including web documents, robots.txt, .htacess file, sitemap.xml, rss.xml etc
  • Changing the head section of a web page such as changing the title tag or certain tags required for website authentication
  • Adding, removing or modifying content, functionality or a widget
  • Changes in the anchor text (hyperlink text)
  • Removing Google analytics / webmaster tools code from the web page
  • Changes in the site architecture
  • Renaming URLs of a web document
  • Linking out to any website
  • Taking down the website or part of the website.

All information provided as part of the done-for-you or DIY SEO products is solely for your use only, and for informational purposes only. We make no guarantee that any of the information is complete, or of its results when applied. 

CONFIDENTIALITY

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party, unless directed to by law.

 

Terms of Use of the Create a Website Hosting & Content Management System

By accepting the terms and conditions below, you (a) represent and warrant that you are 18 years old or older; (b) agree to provide true, accurate, current and complete information about yourself and your website as prompted by the Free Trial Registration Form and Activation Form; and (c) agree to maintain and update this information to keep it true, accurate, current and complete.

By accepting the design services offered through us, your website will be accessible for editing via the Create a Website system. Your monthly plan fee ($29.95 per month for websites, and $59.95 per month for e-Commerce sites) includes access to the Content Management System (CMS) and its features, email support, and the hosting of your chosen domain.

Both during your trial, and throughout your hosting plan, we will access your website via the Create a Website system only when requested by you. Please feel free to change your passwords at any time, if you are more comfortable doing so.

Create a Website reserves the right to limit the disk space, pages, and bandwidth used by the website. The service provided is a shared service designed to serve the web hosting needs of small to medium, independently owned and operated businesses. It is not appropriate to use these services to support large enterprises or businesses with sustained demand that places undue burden on the systems or negatively impacts use by other customers.

By using current versions of well supported systems, Create a Website endeavours to ensure that websites are compatible with all current modern 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 browsers. 

While every effort is made by Create a Website to ensure seamless, excellent service provision within the CMS, there may be unforseen technical issues causing downtime of your website on occasion and other circumstances affecting the continued operation of the platform host and its systems.

Create a Website hereby grants you a non-exclusive, non-transferable license to use the Content Management System software in object code form only on a server controlled by Create a Website for the sole purpose of creating and maintaining sites on such server. You are not being granted any right to copy the CMS software. Create a Website reserves the right at any time to revise and modify the Content Management System software, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the software, without notice to you. 

USE OF THIS SYSTEM DOES NOT EXPRESS OR IMPLY ANY WARRANTY THAT CREATE A WEBSITE AND IT'S CONTENT MANAGEMENT SOFTWARE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR FREE SERVICE. THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND YOU MUST DETERMINE THAT THE SOFTWARE ADEQUATELY MEETS YOUR REQUIREMENTS.
 

JURISDICTION

This website is governed by the laws of the state of New South Wales, Australia. Any dispute arising from the use of this website will be settled in this jurisdiction.

Thankyou for taking the time to read through the Terms of Service, and we look forward to working with you!


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