Terms & Conditions

• Terms & Conditions – use of website
• Terms & Conditions – web design products & services

Terms of use of KM Web Solutions Website

Thank you for visiting WebDataDesign.Com.Au and welcome

Acceptance of terms

Your use of WebDataDesign.Com.Au, its online application and all web pages directly or indirectly accessible from or linked to www.WebDataDesign.Com.Au, is subject to the Terms and Conditions of Use that follow. By using this Web site, you indicate your agreement to these Terms. If you do not accept these terms and conditions, please do not use this Web site.

Copyright

The materials, content and services on the Website, including their selection and arrangement, are protected by copyright and/or other intellectual property laws, including laws of the Australia, United States and other countries, treaties and international conventions. Any unauthorized use of the materials, content or services available on the Website may violate such laws. WebDataDesign.Com.Au does not grant any express or implied right or license under any copyright or other intellectual property in any material, content or service on the Website, except as authorized in these Terms and Conditions. Except for printing not more than two copies of materials or content provided on the Website for use consistent with the purposes for which you are authorized to have access to such materials or content, no portion of the materials, content or information on the Website may be reproduced or distributed in any form or by any means without KM WEBSOL’s prior written permission.

Product Pricing

All prices quoted on this website are excluding GST prices

Trademark

The KM WEBSOL design logo with two overlapping ovals are submitted for trademark registration and are approved for indexing and awaiting final approval. These are protected by the trademark laws and other intellectual property laws of the Australia. and other countries, and by international treaties and conventions.

Acceptable Use Of The Site

The Website and its services are intended for providing information about KM Websol business to existing and prospective clients seeking to find an online and IT solutions provider. These includes areas of KM Websol expertise e.g. – building a new website, website security solutions, e-commerce solutions, online marketing, and website re-design. It is your responsibility to ensure that your use of the Website complies with these Terms and Conditions of Use.

Privacy Policy

KM WEBSOL will only use and disclose Your Information in accordance with its then current privacy policy, available on the Website. If you can not find it, please email info@webdatadesign.com.au for your copy of our privacy policy information.

Links to Other Sites

The Website may contain links and pointers to websites operated by third parties. These links are provided solely as a convenience to you and not as an endorsement by KM WEBSOL of the contents of such third-party websites. KM WEBSOL is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

Security Rules

You are prohibited from taking any actions that will violate or attempt to violate the security of the Website.

WARRANTIES AND DISCLAIMERS

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. KM WEBSOL DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, FITNESS FOR PARTICULAR PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT OR WEBSITE AVAILABILITY.

WEBSITE CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. KM WEBSOL MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE OR IT’S CONTENT.

KM WEBSOL DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, KM WEBSOL IS NOT RESPONSIBLE FOR THOSE COSTS. IN NO EVENT SHALL KM WEBSOL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES.

Notices

Except as explicitly stated otherwise, any notices under this Agreement shall be given by e-mail to info@webdatadesign.com.au. Notice shall be deemed given forty-eight (48) hours after an e-mail is sent, or earlier if actually received earlier by the recipient, unless the sending party is notified that the e-mail address is invalid.

Governing Law

This Website (excluding any linked sites) is controlled by KM WEBSOL from its offices within the MELBOURNE AUSTRALIA. The laws applicable to the interpretation of these Terms and Conditions of Use shall be the laws of the STATE OF VICTORIA and applicable federal law, without regard to any conflict of laws rules thereof.

General

Except as expressly provided in a particular “Legal Notices” or text on a particular Web page of this Website, these Terms and Conditions of Use set forth the entire understanding and agreement between KM WEBSOL and you with respect to the subject matter hereof. If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Additional Terms and Conditions of Use

Certain areas of the Website are subject to additional terms and conditions of use. By using such areas, or any part thereof, you agree to be bound by such additional terms and conditions of use.

Change to terms and Conditions

KM Websol reserves the right to change the Terms and Conditions of Use from time to time in its sole discretion. Your use of the Website will be subject to the most current version of the Terms and Conditions of Use posted on the Website at the time of such use.

Complaints, Questions or Comments

 Terms & Conditions – web design products & services

(Please ensure that you read and understand these conditions before paying your advance fee.)

These Terms and Conditions are Copyright KM Web Solutions Pty Ltd

Contract:

The client’s approval for work to commence shall be deemed a contractual agreement between the client and KM Web Solutions Pty Ltd (KM). Important: Approval for the work to commence and payment of the advance fee indicates that the client accepts the terms and conditions outlined in this document.

KM Intellectual Copyright:

KM holds intellectual copyright of any material, including source code and original images created for the client until payment of the final invoice. At this time we will transfer this intellectual copyright to the client.

Clients Responsibilities with Regard to Copyright:

In situations where the client provides images, text, animations, layouts or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright. Certain images provided by KM Web Solutions Pty Ltd may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a website. The licence may not permit them to be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.

Registration Charges:

All third party costs arising from the registration of a domain name shall be met by the Client. KM recommend that clients register their own domain names so that they have full ownership of these but where we have registered a domain name on the client’s behalf we agree to transfer this domain name to the client immediately upon request and without charge.

Search Engine Promotion:

If Search Engine Optimisation has been agreed as part of the contract the client must be aware that KM are not responsible for ongoing web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position.

Cancellation:

Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.

IMPORTANT!

Failure to Provide Required Website Content: You must ensure that we are not delayed as a result of late delivery of the material and content required to complete your website. This is why we ask that you provide all the required information in advance. On any occasion where we are delayed because you have not provided this information, we reserve the right to impose a surcharge of 20% of the total cost of the work. Also, if your job involves Search Engine Optimisation, we need the text content for your site in advance so that the SEO can be planned and completed efficiently. If you agree to provide us with the required information in advance and subsequently fail to do within four weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. This will not be a problem provided that you do not give us the go ahead to start until you are ready to do so.

Conceptualising:

Conceptualising is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. This clearly takes a lot of time and for higher cost websites it will be included. For low cost sites (say below $500) only one concept is possible. Therefore, we request you to ensure that you let us have your preferred colour scheme and design requirements beforehand. If you don’t do this we will design the website based on the information available to us. If it is not to your taste we may not be able to rework the website without additional charges.

If your website is to be based on a template design, we will purchase the template that you suggest from a third party website. We may agree to pay template cost as part of the package deal. However, it is client's (your) responsibility to make sure that the content of that template does not breach any copyright laws. The content include text, images, codework and anything that may be subject to copyright. Also, we do not take responsibility about the code and CSS quality of the third party templates. We suggest where to buy templates from, however, these are only suggestions, we do not accept any legal responsibility.

Quotations:

The price quoted to the client is for the work specifically agreed and illustrated on the quotation  document only. Should the client decide that changes are required after work on the website has commenced there may be a surcharge.

Payment terms:

An advance fee of 50% of the total cost is payable before work starts and remainder is payable upon project completion. We reserve the right not to launch a website until full payment has been received.

Payment - Refund Policy:

After work on a website commences advances are not refundable.

Payment Methods:

We accept payment by credit card, cheque or bank transfer. Our preffered method of paymetn is 'bank transfer'.

Payment by Credit Card:

Credit card payments are accepted via our Paypal electronic invoicing system. These payments may be subject to a 2% surcharge and full payment is required in advance.

Late Payment:

Any websites previously launched may be removed if payment is not forthcoming. When this occurs an additional minimum charge of $50 will be required to have the site restored.

Future Support:

Your website will be handed over as a fully functioning, completed work. Unless it has been agreed beforehand KM is not responsible for future support. Support can be provided upon request for an agreed fee. Your website is offered as a single contract and no guarantee of the availability of future support from KM Web Solutions Pty Ltd is offered unless an ongoing support package has been agreed.

Future Site Problems:

Compliance with Ecommerce, Accessibility or Other Regulations:

We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current online trading laws and regulations.

We cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues may exist we recommend that the client takes legal advice from their company lawyer.

Validity of Quotation:

Unless otherwise agreed any quotation provided will be valid for 30 days from the date of receipt.

Notes:

Should KM waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit KM to waive the same clause on any other occasion. By agreeing to these terms and conditions your statutory rights are not affected. KM reserves the right to change or modify any of these terms or conditions at any time.

Should clarification of any of the above be required please contact us at:

KM Web Solutions Pty Ltd

7/121 Grange Boulevard Bundoora VIC 3083 Australia
info@webdatadesign.com.au
Ph: + 61 3 9467 9414