Aternix's Website Service Contract Terms and Conditions
In the terms and conditions, you will be known as: you (the client) or you. At times the entity known as Aternix will be described as: Aternix, we, us, our.
Copyrights & Ownership
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you
provide to us for inclusion in the web site are either owned by you, or that you have permission to use them.
Any advice given to Aternix by yourself regarding font type to be used will be considered as your confirmation
that you have the right to use the font type described. You are responsible for payment to any parties regarding
your legal obligations to the owner/designer of the copyrighted material. You agree that under any circumstances
that you can make no claim to any portion of a developed website until payment in full is received, irrelevant
of the type of contract that you have entered with us. A separation fee will also apply to cover the costs of
any themes or page construction tools. You agree that any images provided by Aternix remain the property of
Aternix. You also agree that any fonts or other sourced properties remain the property of Aternix if licensed to
us, or the appropriate copyright holder of this material. You are responsible to seek appropriate copyright
releases if you terminate/separate from Aternix.
If under a fixed term contract, you agree that you cannot transfer this website to another party without our
express approval and any fees or charges relating to the transfer of the contract is the responsibility of the
client, including the requirement to make full payment of monies still owing if an agreement with the new owner
cannot be resolved.
The client shall own all provided text content, and photographs, unless covered by someone else’s copyright or
trademark. Aternix shall own all graphics provided by Aternix including, layout designs. We shall also own
created text, custom configurations, layout development, subscriptions, and their respective settings.
If we use third party scripting/plugins, these items belong to their respective owners. Aternix reserve the
right to display and link to your completed project as part of our portfolio and to write about the project on
web sites and in magazine articles about web design as we see fit.
Design
Aternix commit to developing and designing, a professional website in a timely manner that uses current/appropriate methods in website development to the best of their knowledge. Any changes made to the development/layout or functionality outside of the revision component of the design phase may be subject to additional charges, including changes requested after the design is completed. The client agrees and acknowledges that the judgment as to if there will be any delay or additional expense shall be made solely by Aternix.
Early Termination
If you’re not happy with the graphic design after the 3rd draft; you have the option to terminate the contract.
In this circumstance, any fees paid to this point will be considered payment for services rendered, and, will
not be refunded.
Any layout designs will be provided to you (the client) as temporary domain if requested
but will not be retained by us as backup for longer than a period of two weeks after termination of the
contract. If the project proceeds past the 3rd design revision, you will be held fully responsible for the
outright purchase price of the website remaining contract term.
Text Content
Whilst every attempt will be made to ensure concise and correct spelling and punctuation, Aternix will not be held responsible for the accuracy of any text input into the webpage. It is the responsibility of you (the client) to confirm spelling and punctuation and notify us if any portion is incorrect. If updates are supplied and require re-editing after changes have been made, we reserve the right to charge for these updates.
Photographs/Graphics
You will supply us with any necessary photographs/images either in digital or printed format. If provided in printed format, please be aware of potential image quality loss and additional charges dependant on the volume of images supplied.
Coding
As part of the coding phase, Aternix will undertake a series of tests to attempt to ensure adequate
cross-compatibility between web browsers and handheld devices (e.g. mobile phones, ipads, android tablets) this
is carried out using emulation software and is a representation only. This by no means guarantees the
output/layout will appear exactly as expected due to the differences in software and hardware. If you wish to
have better cross compatibility with a specific device, a custom CSS design fee will apply. In some
circumstances we may need to deviate from suggested web-design techniques to ensure display as per your
requests.
We reserve the right to use third party scripting as appropriate. We design for compatibility for Google
Chrome’s latest release.
Domain Name Registration
In the case of the purchase of a .com.au or .com domain, this will automatically be registered for a default of two years (non-negotiable). Aternix will renew the domain name automatically on your behalf and forward an invoice for payment. We accept no responsibility in respect of the use of a domain name by you. Both the registration of a domain name and its use are subject to the appropriate naming authority’s terms and conditions. You are responsible for awareness of and compliance with these terms. 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. You agree to waive any claims you may have against us in respect to any decision a naming authority may make and agree that any applicable fee paid by you is non-refundable if refused. Note: if you already have a domain name it is your responsibility to renew as required, alternatively you can request for us to manage renewal, however this will need to be churned(transferred) to our preferred provider at your cost.
For those clients that we provide an e-mail service to, we will provide information on how to setup your email address with configuration settings only. We will not provide detailed information regarding your specific circumstances. We can provide assistance at our standard rates if you want us to setup e-mail addresses for you. Aternix will not be held responsible for any damage or loss caused by e-mail, spam, viruses, malicious code, etc. Received by you (the client). You (the client) warrant to us that you will only use your assigned email address/es for lawful purposes and in full compliance with Australian State and Federal Law. You are responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003). Whilst every endeavour will be made to ensure outages are avoided, we are unable to provide any guarantees as to specific uptimes. We will not be held liable for any losses incurred to your business that any such outage may create.
Archiving and Data Backup
You are responsible for the backup and secure storage of all website data on our hosting service (including email files). Aternix does not maintain backups of your website or e-mail data. We will not be held responsible for any data loss because of any outage. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the servers that we may use. We suggest the use of offsite data backup services. If you need assistance locating such services, please let us know.
Hosting
Whilst every endeavour will be made to ensure outages are avoided, we are unable to provide any guarantees as to specific uptimes. We will not be liable for any costs incurred by you due to service interruptions, technical failure or modifications or outages. When Aternix provides a premium hosting service or a contracted website design, we do not provide access to this web space/site/CPanel account as we generally manage all uploads to your reserved web space until payment is received in full. If you wish to upload/change parts of any hosted or contracted website design using a CMS (content management system) website yourself, payment must be made equal to of the overall contract cost. Aternix will not be held responsible for any changes to code, design or graphics made by yourself or a third party that interfere with your website functionality. Whilst entitled to make design changes yourself, Aternix will charge an hourly rate to correct any such issues arising because of this situation. If you request for us to upload on your behalf we will not knowingly upload any data: that is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane or otherwise objectionable in any way; or containing a virus or other hostile computer program; 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. You agree to be legally responsible for all data uploaded on your behalf as requested to us. This will also apply if you are running any active content including but not limited to, blogs, forms, ordering, etc. All hosting plans are subject to general resource and usage monitoring.
Website Management
Aternix provide a premium hosting service which includes the following only: standard WordPress development tools inclusive of the cost to improve your website performance, speed, and overall user experience. Please be aware that, these additional tools are non-transferrable. Updates of up to 100 words or 5 images per month. *note: alteration to this allowance is by management approval only.
Updates
If you require an urgent update under our premium hosting service, we will commit to providing this service to you dependent on our workload only. An urgent update will be seen as the use of your monthly update. Updates must be provided to us in the following way: images, resized to suit the dimensions you require, watermarked (as needed) and at a resolution you desire. Text, advising the font, size and formatted in an as is fashion, e.g. Capitalised and punctuation as appropriate. If you are undertaking a special advertisement during a specific time period you must submit this to us at a minimum of one month prior. Changes to the layout or design of the website are not covered by our update service and may attract additional costs. Note: changes cannot be “banked/accrued” to cover multiple changes outside of the agreed standard monthly limit.
Search Engine Optimisation
Unless otherwise specified by us in the signed contract additional terms and conditions, our websites are built for design. Websites take a lot of time and effort to rank well in Google/Bing/DuckDuckGo indexing and is not a service that we currently offer. We make no guarantees of search engine ranking, appearance or errors caused by design, but are happy to work with experts in the field to make site improvements/changes that may improve your results in accordance with what other companies may offer to you. Any changes made to site structure under a pay by the month account must be done by us and are subject to additional charges at an hourly rate unless quoted at the time of original development. Any advice given in relation to appropriate techniques are subject to regular change. We recommend the use of a dedicated and experienced Search Engine Optimisation Specialist, and any changes made that cause website issues will be charged at an appropriate rate to correct.
Maintenance & Support
Within the first 30 days of website acceptance, any faults or bug fixes will be undertaken as fast as possible with no charge to you.
Disclaimer
Aternix will not guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so will not be liable to you or any third party for damages, including lost profits, expenses, costs, lost savings or other incidental, consequential or special damages arising out of the operation of, or your inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
Suspension
We reserve the right to suspend this account and any associated services if you breach this agreement or fail to make a payment as outlined in your contract or on any invoice sent for the provision of any web services associated within this contract.
Contract Changes or Termination
We reserve the right to update, change or replace any part of these terms and conditions by posting updates and/or changes to our website. The website link is: https://aternix.com.au/website-service-contract/ and it is your responsibility to check this periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes. If you do not wish to accept the amended terms and conditions, you may terminate this agreement by giving us notice as outlined in the “Termination” sub-heading below.
Termination
Either of us may terminate this contract by giving 30 days written notice to the other.
If there is still an outstanding time remaining on the contract completion, a fee will apply to you. This fee
will be determined by any remaining contract costs or costs pending for associated services. If you wish to
transfer the website elsewhere an additional separation fee will apply as specified in the “Transfers” section
of this document.
Confidentiality
We may disclose confidential information to one another as a part of the website development. Such information shall be so identified as such at the time of its transmittal and shall be safeguarded and not disclosed to third parties by the receiving party.
Online Stores
Aternix will setup online stores as per our contract agreement utilising third party plugins such as WooCommerce or services such as Shopify dependent on client requirements. As we are not the programmer or developer, of these services, we can provide no guarantees for the security or safety of the use of these plugins or services. We strongly suggest the use of a professional security company to assess and confirm that your site has been setup to reduce the potential interception or misuse of any online store in whatsoever shape or form. We reserve the right to refuse to setup a store that does not utilise at a minimum an SSL certificate as we strongly support encrypting data transactions between your website and potential customers. In respect to any transactions within your web site which are contracts for the sale of goods or services you confirm that these are solely between you as the merchant and your end-user customer. You agree that we hold no liability in respect to such purchases and transactions in any form, or the potential interception/theft of any data which may be devious in nature with the intention to misuse customer data such as credit card numbers, email addresses, or other personally identifiable data or which may cause financial loss on your behalf. If you require compliance with specific policies such as the GDPR, or privacy policies of any kind, please advise us in writing.
Payments
You agree to abide by the payment schedule set out in the summary. All invoices are due within 14 days of email notification that they have been sent. You shall assume responsibility for any costs associated with defaulting in payment. This includes fees associated with failed direct debits. Interest on invoices unpaid beyond the period of 30 days and compounding after every 30 days, will be charged and is payable in accordance with the Penalty Interest Rate Act (1983). You shall assume responsibility for all costs, expenses, legal fees and costs, and interest incurred by Aternix arising out of any default in payment or violation of the terms of this contract. We reserve the right to disable your services until payment for any outstanding fees are received.
Hacking
All websites have the potential to be exposed to malicious activity such as hacking, or denial of service attacks. Irrelevant of the protections that you have in place, due to things such as malware, brute force attacks, or zero day exploits, we are unable to provide any guarantees that your website will be free of such hazards. We will not be held responsible for the security or maintenance of any of your data and suggest the setup of a regular backup system to provide recovery for all purposes in case of a data breach or security malfunction. We suggest the setup of a regular backup system to protect all data. We strongly encourage all service users to engage the services of an experienced and qualified security company to ensure that your website is protected as well as is practicable dependent on your circumstances and individual requirements.
Electronic Communication
You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for services provided by Aternix and your intention to be bound by electronic submissions applies to all records relating to this contract including notices of cancellation, policies, contracts, and applications.
Transfers
During any contract term, if Aternix is forced to close business, any designs/web sites completed to that time will be offered to the client for purchase. If under a monthly payment contract, the price will be monthly fee x remaining contract term + any hosting services paid for. In addition, if you wish to transfer the website elsewhere upon contract completion/termination a separation fee of $399 including GST, will apply in all cases. The separation fee will only cover the cost of your content as supplied by you being returned with a standard theme and any images supplied by you. Please contact us if you would like a costing on a fully functional copy. You cannot transfer this contract to anyone else without our express permission, any attempts to do so will be immediately terminated and full compensation will be sought. Aternix retains full rights to the website as a whole until the agreed upon payment is finalised. Any attempts to transfer this website to a separate hosting provider will require payment in full of any outstanding amount of your contract.
Severability
If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Additional
For us to continue to offer reduced management fees, we request a one-line html link to our homepage specifying that your webpage is managed by Aternix. The placement, size and colour of this link will be reflective of your website design and will not interfere or detract from the website flow.
Marketing
We reserve the rights to use your businesses branding, its likeness, our agreed business relationship, and the website developed as part of this contract in promotional and marketing materials on Aternix’s behalf. This includes and isn’t necessarily limited to; your business logo and website graphical snippets on our website, logo advertisements as part of our cliental base and disclosure of Aternix’s relationship with you with potential clients.
Legal
This contract is a legal document made under exclusive jurisdiction of the State of Victoria. This contract is legally binding for all parties involved.