Terms and Conditions

  1. STANDARD TERMS AND CONDITIONS

These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by SBITH Pty Ltd ® for its clients.

  1. OUR FEES AND DEPOSITS

A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable 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 or more than 50% in advance which depends on nature of client(s) and/or project(s).

The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.

  1. SUPPLY OF MATERIALS

Client must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads 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 the work, we have the right to invoice you for any part or parts of the work already completed.

  1. VARIATIONS

We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.

Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at the rate of $100.00 per hour.

  1. PROJECT DELAYS AND CLIENT LIABILITY

Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

  1. APPROVAL OF WORK

On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of 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 the 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.

  1. REJECTED WORK

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 you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

All deposits received are non-refundable.

Once the design brief is received by SBITH Pty Ltd, all balances are payable on a project.

Customer cancellation of any SBITH Pty Ltd services at any stage must be notified in writing via email. Any outstanding balances remain payable regardless of the stage of design or production of the project.

Non-payment of any outstanding amounts will be passed onto a debt collection agency for full payment plus expenses.

SBITH Pty Ltd do not offer refunds for server, service or software interruptions.

  1. PAYMENT

Upon completion of the 7-day review period, we will invoice you for the 50% (or for rest of amount due) balance of the project. For further, payment schedule, client need to make payment within 5 days. No further work will be carried out unless all balance payment is cleared.

  1. WARRANTY 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 us and hold us harmless from any claims or legal actions related to the content of your website.

  1. LICENSING

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.

  1. SEARCH ENGINES

We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.

  1. CONSEQUENTIAL LOSS

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

  1. DISCLAIMER

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of SBITH Pty Ltd ® under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

  1. SUBCONTRACTING

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

  1. NON-DISCLOSURE

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

  1. ADDITIONAL EXPENSES

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 registration, web hosting or comparable expenses.

  1. BACKUPS

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

  1. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING

We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred. No codding will be provided to client(s).

  1. GOVERNING LAW

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Victoria. You and SBITH Pty Ltd® submit to the non-exclusive jurisdiction of the courts in and of Victoria in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

  1. CROSS BROWSER COMPATIBILITY

By using current versions of well supported content management systems such as “Adobe Business Catalyst and WordPress”, we endeavour to ensure that the web sites we create 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. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

  1. E-COMMERCE

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, and defend and indemnify SBITH Pty Ltd® and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

  1. EMAIL

Emails accounts are hosted on service providers (such as Adobe business Catalyst, GoDaddy, CrazyDomain etc). SBITH Pty Ltd ® is not responsible for services provide by host provider. You are responsible for complying with all relevant laws relating to e-mail, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify SBITH Pty Ltd ® and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of email system(s).

  1. DISCLAIMER ADDON

SBITH Pty Ltd ® shall not be liable, under any circumstances, for any loss of business, profits, goodwill or data, loss of use, interruption of business, or for any indirect, or consequential damages that result in any way from the customer’s use of, or inability to use the services, or that results from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or software.

SBITH Pty Ltd ® cannot be responsible for any damages that may be suffered resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions, including interruption at payment gateways or email interruption or through receipt of spam emails.

SBITH Pty Ltd ® makes no representations, warranties or assurances that the customer’s equipment will be compatible with the SBITH Pty Ltd ® service.

  1. TRADEMARKS & COPYRIGHTS

The design of your website (the look and feel) is under copyright and license from SBITH Pty Ltd ® for use by yourself. You are prohibited from selling, replicating or reproducing any of the design of your website without written permission.

The customer warrants that it has the right to use any applicable trademarks on their website.

  1. LAWFUL PURPOSE

The Customer may only use SBITH Pty Ltd servers for lawful purpose. Transmission of any material in violation of any federal, state or local regulation is prohibited.

  1. LIMITED LIABILITY

SBITH Pty Ltd ® does not warrant that the service will not be interrupted or error free; nor make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the SBITH Pty Ltd ® servers, unless otherwise expressly stated in this Agreement.

Under no circumstances, including negligence, shall SBITH Pty Ltd ®, its officers, agents or anyone else involved in creating, producing or distributing SBITH Pty Ltd ® web design services be liable for any damages that result from the use of, or inability to use the SBITH Pty Ltd ® service or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to communication failure, theft, destruction or unauthorised access to SBITH Pty Ltd ® records, programs or services.

Notwithstanding the above, the customer’s exclusive remedies for all damages, losses and causes of actions shall not exceed the aggregate dollar amount (i.e. AU$100) which the customer paid during the term of this agreement and any reasonable attorney’s fee and court costs. SBITH Pty Ltd will not be responsible for any legal cost.

  1. AGREED TERMS

After receipt of first payment, the Client(you) agreed with above terms and conditions.

  1. AVAILABILITY

Pages describing the Services are accessible worldwide but this does not mean all Services or service features are available in your country, or that user-generated content available via the Services is legal in your country. We may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services is legal where you use them. Services are not available in all languages.

  1. ONLINE ADVERTISING SERVICES

If we are managing online advertisements on behalf of, client is responsible for any payment related to ads. In addition to this, you will be charged by SBITH Pty Ltd to setup and manage your ads online. Every time, SBITH Pty Ltd optimise your ads, it will charged from $65 to $300, or $100/hour basis.

  1. ADDITIONAL TERMS

Some Services or Software are also subject to the additional terms below (the “Additional Terms”). Any content that we provide to you (such as Website, Software, SDK, samples, etc.) are licensed, not sold, to you, and may be subject to Additional Terms. New Additional Terms may be added from time to time.