SiteSuite - Website Design Sydney
 
 

WebUX Standard Terms and Conditions of Trade
(effective from 1 July 2020)

Monthly charges – Typically these are for email, support services and hosting. Clients have the option of paying in advance to receive a discount. Currently the discount rates are,

Where paid monthly, payment needs to be made by direct debit or credit card monthly in advance. Where an account is unpaid for more than 7 days WebUX Pty Ltd may at its discretion suspend or disconnect the service. Any material increase beyond normal data volume will require an adjustment to the monthly rental through an incremental monthly charge. Please see the large site charging table below;

Large site charging table - large usage rates for outbound data will attract the following minimum monthly rental rates

Price bands  Requires 3 months average data use in that band first  GB
Up to Normal rate for a site - 15 $75
Between Normal rate for a store or catalogue site 15 20 $100
Between 20 30 $140
Between 30 40 $180
Between 40 60 $260
Between 60 80 $340
Between 80 100 $420
Then $80 per 20GB


Our normal full service monthly charge includes:

E-mail – There is an allowance of up to 5GB per email address. An additional 25GB of space or 5 additional email addresses can be purchased at the rate of $10 per month plus GST.

Cancellations - WebUX may cancel or suspend this agreement at any time without notice and without any liability to the Customer where the customer is in breach of the terms of this agreement.

Clients cancelling projects - Following initial payment of the deposit, a minimum cancellation fee of 20% of the total gross contract value applies in all cases. This is to cover research, consulting, and sales costs, administration costs and third party charges. If a Customer wishes to cancel a contract prior to completion, WebUX will calculate the costs incurred to date based on the scheduled hourly rates charged by WebUX at the time, plus any third party costs. WebUX will deduct these costs from the payments made to determine if a refund is due, or a further payment is due from the customer.

Where cancellation of the contract is sought before any payments are made, a cancellation break fee equal to five percent (5%) of the total gross value of the contract will be due and payable.

Clients cancelling monthly services - Unless specifically contracted otherwise, either party may terminate monthly services by giving at least one month's written notice.

Intellectual Property (IP): - For the sake of clarity the Client owns all the IP in relation to its content, and bespoke custom design work, in the case of complete custom or bespoke jobs the client owns all the software.

Where custom jobs are undertaken to run in conjunction with the SiteSuite CMS software, specific identifiable IP in relation to these projects belongs to the Customer. Where the software of both parties is not able to separated, on request WebUX will provide a quote to the customer to provide a stand-alone system.

Project Deadlines and Customer Obligations: All project timelines and deadlines are subject to the full co-operation of the Client. Unless expressly agreed in writing work will not start until the first commencement payment is made.

Liability - WebUX is not liable (whether in contract or tort) to the Client for any loss or damage, including consequential damage and loss of profits, caused directly or indirectly from the provision of the services supplied under this contract. The customer is responsible for ensuring that they have adequate copyright for all content, including images on the website, the responsibility for their legal ownership or right of use rests solely with the Client. In the event that any limitation provision in this agreement is held to be invalid, any liability on the part of WebUX shall be limited to the amount paid to WebUX by the Client in the preceding 12 months.

Warranties – WebUX will use its best commercial endeavours in accordance with Industry standards to provide continuity of service, but is not liable to the Client for compensation of any kind for any disruption to the service whether caused through the fault of WebUX or otherwise.

However if all WebUX services are not available for a continuous period of 24 hours or longer, WebUX will on the request of the Customer credit the Customer with the portion of the fee that pertains to such period at twice the normal daily rate.

WebUX makes no warranty or representation as to the suitability of WebUX’s products for the Client’s purposes. The Client enters into this agreement reliant solely upon its own judgment.

Alterations and Maintenance - WebUX is entitled at any time and without prior notice or liability to the Client to alter WebUX products in the course of its ongoing product development. WebUX reserves the right to monitor the traffic moving through the Client’s website for the purpose of fault finding, charging, and system performance analysis.

Force Majeure - WebUX shall not be liable for any failure or delay in performance under this agreement where such failure or delay is caused by matters beyond the control of WebUX.

Assignment - The Client may not transfer or assign its rights under this agreement without the prior agreement of WebUX, agreement to such a transfer or assignment will not be unreasonably withheld.

Prohibited Website Content / Use -

  1. Websites which have Adult Material of any sort, including links to adult websites are strictly prohibited. "Adult Material" is defined as pornography, nudity and sex-related merchandising.
  2. MP3 files and other streaming services are prohibited from the WebUX servers unless expressly permitted in writing.
  3. Websites promoting illegal activities, of any kind including, but not limited to, warez, hacking, serial numbers, cracks, or information which violates any local, State or Federal Australian laws.
  4. Websites whose primary purpose is file distribution or mirroring another website.
  5. Links to adult websites, MP3 sites, warez sites, illegal or hacking websites.
  6. Sending unsolicited e-mail, or "spam" through the WebUX e-mail servers. This includes promoting a website hosted by WebUX through unsolicited e-mail, regardless of whether or not the unsolicited e-mail is sent through WebUX e-mail servers or not.
  7. Websites found to be in violation of this policy are subject to account termination without notice.

Copyright Material - Materials distributed on the Client’s website cannot infringe upon another group’s copyright. This especially includes distributing copyright software, or "warez", also known as pirated software, MP3 files which usually consist of copyrighted music, and Emulators/ROMs.

The Client must ensure that their website consists of their own work and none of the content on their website infringes upon anyone else's copyright.

GST and Government charges – All prices quoted in this document are exclusive of GST. WebUX reserves the right to vary any charges at any time to reflect the introduction of, or change in the rate of any Goods and Services Tax or similar Government charges.

Governing Law – This Agreement is governed by and shall be construed in accordance with the laws of New South Wales, Australia. Both parties agree that any disputes arising in relation to this contract shall be handled exclusively within the jurisdiction of the NSW Courts including the CTT.

Variation in Standard Terms and Conditions of Trade – The Client acknowledges that WebUX for commercial reasons may wish to change its Standard Terms and Conditions of Trade from time to time, where those changes are not of a material nature or inconsistent with current industry practice the Client agrees to be bound by those changes.

Our website Standard Terms and Conditions

Security & Privacy

We aim to provide all of our clients with a safe online experience. Our system encodes your credit card and contact details to ensure its safe to transfer payments to us. We respect your privacy and personal information, and will not share it with anyone else.

We may use your e-mail address to send our e-mail newsletters and other announcements regarding promotions, new products and special features. Should you wish to be removed from our mailing list you can unsubscribe directly from the link in any e-mail newsletter at any time, or please let us know via e-mail to support@webux.com.au

Payment Options

Order and Pay Online Securely

Our SSL security system ensures your credit card and contact details are safe and secure. All data is secured by SSL.

Order and Pay by Phone

Please phone us on 02 8904 7500 to place your order, and provide us with payment details.

Currency

All amounts listed on our website are in Australian Dollars (AUD), and are normally shown on the website as GST exclusive until you reach the shopping cart.

Shipping, Delivery, Returns

As the company only sells services online, there is no shipping, delivery, or returns policy. There is a 7 day cooling off period for all sales, during which any purchase can be rescinded and the payment refunded.

Product pricing and information

All material on the following websites www.sitesuite.com.au are subject to change without notice. For any questions relating to products, pricing or other matters please contact us via e-mail or phone.

Copyright

The material provided on our site is copyright protected and is to be used for personal reference only. Permission to reproduce any images must be sought in writing from WebUX by email to accounts@webux.com.au

Other

All information on our website is intended as a guide to assist you in making informed commercial decisions. Areas such as SEO, and marketing strategy will normally require specific professional advice tailored to individual business needs.

Contact Details

WebUX Pty Ltd
Suite 102, 275 Alfred St. North, North Sydney NSW 2060
ABN: 74 637 662 527
Ph: (02) 8904 7500
Email: accounts@webux.com.au