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Website Development Agreement
When using Webporter's website creation services, you must agree to the following terms and conditions as here outlined. Your agreement to these terms will be indicated to us by your use of any Webporter's website creation services.
The following agreement governs your use of Webporter's website creation services, and our providence thereof. In this agreement, "our", "we" and "us" refers to Webporter (ABN 17 791 043 196), and "client", "you", "your", "they", "their" refers to you, the person.
Click a section title below to jump to that section within this document:
- 1. Website creation services
- 2. Refunds and guarantees
- 3. Fees and payments
- 4. Third-party services
- 5. Liability and indemnification
- 6. Governing law
- 7. Integration
1. Website creation services
Our website creation services are offered through the development section on our website. The term "website creation service" is used to refer to any service provided by us which develops or changes your website including, but not limited to, "design customisation," "template conversion," "website creation," "content management," "discussion forums," "online newsletters," "website search," and "shopping cart" services.
1.1 Design customisation
Design customisation only includes design modifications to an Adobe Photoshop .psd file. It is exclusive of changes being made in any other format including HTML pages, Flash source files and the like. Such services are provided separately, for example, under our template conversion service.
The deliverables to be received from this service only include a graphical customised version of your website design template. This will be provided as an Adobe Photoshop .psd source file, a set of sliced images optimised for the Web, and a pre-sliced .jpg format for easy viewing.
1.2 Template conversion
Template conversion only includes coverting your customised website design into a HTML page template. Embedding Flash Shockwave files into your HTML page template are included in this service, however any work customising or changing Flash source files are excluded and must be negotiated.
The deliverables to be received from this service only include a ZIP archive containing your HTML page template (for example, template.html), necessary style sheets (.css files), images (.gif/.jpg files), necessary JavaScripts, and any PHP included or SSI files (often used for headers, menus, and footers). Your HTML page template will be made compliant with HTML/XHTML and CSS development standards, ensuring quality production and maximum browser compatibility. This is testable through W3C's Markup Validation Service.
1.3 Website creation
Website creation only includes using your converted HTML page template to create the required pages of your website, up to a limit of ten pages.
Website creation includes:
- Inserting content into your web pages, where such content is provided by you and only limited to text, images and embedded media files;
- Linking your web pages together;
- Adding a contact form if desired; and
- Launching your website online if hosting has been obtained.
Any required forms, other than your contact form, are excluded from this service and need to be negotiated.
The deliverables to be received from this service only include a ZIP archive containing your web pages page (for example, index.html, about.html), necessary style sheets (.css files), images (.gif/.jpg files), necessary JavaScripts, any PHP included or SSI files (often used for headers, menus, and footers), and any other files associated with your created website.
2. Refunds and guarantees
2.1 Refunds
We do not issue refunds once a website creation service has been purchased from us, except where we are unable to satisfy the deliverables defined for each service in this agreement, or where the satisfaction or work guarantee for a particular service has not been met.
Webporter is not responsible for monetary refunds differing in amount to what was paid due to currency conversion rates.
Webporter's decision regarding any refund is final.
2.2 Satisfaction guarantee
If a service we provide comes with our satisfaction guarantee, this means we will refund your money if you are not satisfied with the final promised deliverables.
Our satisfaction guarantee only applies to our design customisation service as defined in Section 1.1 - Design customisation hereunder.
2.3 Work guarantee
If a service we provide comes with our work guarantee, this means we will refund your money if we are unable to fulfill our promised deliverables for that service.
Our work guarantee only applies to our design customisation, template conversion, website creation, content management, discussion forums, online newsletters, website search, and shopping cart services, each respectively defined in Sections 1.1 to 1.8 hereunder.
3. Fees and payments
3.1 Payments
Unless otherwise agreed and stated in writing from us, payments for website creation services are required in advance.
All amounts advertised on our website are in Australian dollars unless otherwise specified.
3.2 GST/Taxes
At Webporter's request, you agree to pay any and all taxes associated with your purchase of any Webporter product or service. You further agree to cover any expense, whether due to taxes or other fees, that are imposed upon us now or in the future, due to the transaction and/or the delivery of product or service that you purchased through us.
3.3 Dishonoured cheques
Where client makes payment to Webporter for their services by a cheque, client agrees to pay a twenty-five dollar (AU$25) dishonour fee if for any reason such a cheque is dishonoured.
4. Third-party services
Webporter may use third parties to provide Website Development and related services. Webporter does not control those third parties or their services, and you agree that our company will not be liable to you in any way where they are provided, or due to your use of such services.
Where third parties are used, they may have their own terms of use and other policies. In the event such terms and policies become known to you, you are bound to and must comply with them. Where such terms or policies conflict with Webporter's agreements or policies, you must comply with this agreement to the full extent of where no conflict exists.
5. Liability and indemnification
The parties agree that in no event shall Webporter be liable to any third party for client's breach or alleged breach of any of the terms and conditions set forth in this agreement. Client agrees to defend, indemnify and hold harmless Webporter from any and all expenses, losses, liabilities, damages or third party claims resulting from services provided to client.
6. Governing law
This Agreement is made under, shall be governed by and construed in accordance with the laws of Queensland and Australia. The state and federal courts of Queensland, Australia, will have exclusive jurisdiction.
7. Integration
This agreement (including any references to other policies) represents the entire agreement between Webporter and you and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. If any part of this agreement is found to be invalid or of no force or effect, then this agreement shall be construed as though such part had not been inserted and the remainder of this agreement shall retain its full force and effect.
This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on our Website (located at http://www.webporter.com/), and you should review this Agreement prior any time you decide to use our Website Development services.
