Terms and Conditions

Website Terms and Conditions

 

Post-Implementation Warranty (28 days)

(a) The Fees for website development include the provision of a limited warranty for a period of 28 days following website launch. However, if an issue on the website is deemed to have been caused by the client then the warranty is null and void

(b)  The determination of warranty labour is at Inferno Promotions Pty Ltd’s discretion.

 

Support and Maintenance

 

Support and maintenance service is a paid service and is primarily carried out and provided via raising a support ticketing

 

(a) Our support and maintenance services consist of, but are not limited to:

answering your technical questions relating to the Website, its operation and the Content Management System and the extensions provided with it; and

resolving technical issues that arise in relation to the Website or its operation, except as set out below in point b

(b) Our support and maintenance services do not include resolving:

 

issues that relate to your networks, computer systems or software used to access the Website, or email issues; other technical issues not arising directly from the Website.

(c) If we provide you with services that are not included in the support and maintenance services, we will charge you for the work at our current Professional Rates.

(d) You must provide us, at your own cost, access to the Website and your computer network and systems in order for us to provide the support and maintenance services. If you do not provide us with such access within a reasonable time after we request it, then:

we are not obliged to provide you with any support and maintenance services;

we are not obliged to return to you any portion of the Fees that you have paid to us for the provision of support and maintenance services; and an invoice will be issued for any work carried out.

(f) Support, consulting and analysis provision is dependent upon access to the website to perform the required tasks and to assess/view the requirements.

(g) Response times are indicative and not guaranteed.

(h) Support time is accrued in 15 minute increments.

(i) Estimated time to complete requested support tasks may be provided when and if possible at client’s request.

(j) Commencement of support tasks

Support will commence upon receipt of written support brief/request by Inferno Promotionsl Pty Ltd from The Client and confirmation of time estimate provided for the specific task/s from Inferno Promotions Pty Ltd to The Client.

(k) Limitation

The website support for this package is limited to the Client website built on the wordpress content management system by Inferno Promotions Pty Ltd.

 

Hosting

 

If we provide hosting services for the Website, those hosting services are governed by our Hosting Terms and Conditions.

 

Archiving / Retrieval

(a) We will endeavour to store or archive all electronic files used in the production of your website project. However, we provide no guarantee that any stored or archived files can be retrieved in the future.

(b) Once your website is launched, archiving of the files and database and copies of these files becomes the responsibility of the client. Inferno Promotions Pty Ltd can at the request of the client provide this service.

Disbursements

Disbursement charges are not included in the Fees. If we incur any disbursements or expenses in the course of the Project, we will charge these to you as Additional Costs. These may include but are not limited to the disbursement items set out in the Schedule of Fees.

 

You must not, without our prior written permission:

adapt, create derivative works from or merge the Website template or other Project Intellectual Property;

use the Project Intellectual Property for any purpose other than the specific purpose for which we have provided it;

reverse engineer, disassemble or decompile the Project Intellectual Property;

distribute, lend, resell, transfer, assign or sublicence the Website or other Project Intellectual Property, or allow any other person to use it except in the course of visiting the Website; and remove or attempt to remove any proprietary or copyright notices or any labels on the Website or other Project Intellectual Property.

 

(a) If the Fees are not specified (in a Purchase Order, Quote or otherwise) at the commencement of the Project, then we will charge you at the Professional Rates for all work that we carry out for you in the course of the Project.

 

(b) The Professional Rates may change from time to time. The new Professional Rates will apply from the date that we notify them to you.

 

(c) Travel time is not included in our quotations

 

(d) Our standard web project quotation allows for up to 2 changes to be made during the design process. Additional additional changes outside of this scope will be charged at the hourly rate.

 

Payment Method

(a) You must pay the Fees and Additional Costs to us within 28 days after the date on which we issue you an invoice for those Fees and Additional Costs in accordance with this clause 25.

(b) In relation to our services, we may issue invoices for:

 

Payment as indicated in our quote or estimate, on the “Terms and Conditions” page, under the title “Payment System for this Quote” and / or

“Work in Progress” invoice at the end of each calendar month for the Fees and Approved Expenses incurred up to the date of the invoice.

If the Fees do not exceed $1,000 + GST, or if the Fees are not specified (in a Purchase Order, Quote or otherwise), we may issue an invoice for the Fees and Additional Costs either at completion of the Project or as “Work in Progress” at the end of each calendar month at our discretion.

GST

(a) Unless we expressly state otherwise, the Fees and Additional Costs do not include GST.

(b) If at any time we decide that GST is payable on supplies made by us, or if the Australian Taxation Office assesses GST on any such supplies, then the necessary amount will be added to, and form part of, the Fees or Additional Charges (as the case may be) at the GST rate prevailing at the relevant time.

(c) we reserve the right to recover from you at any time such an amount on account of GST on supplies made by us to you under this agreement.

 

Duration of agreement and its termination

(a) Upon execution by both parties this agreement will take effect: immediately and remain in effect until the purpose of the Project has been achieved, unless it is terminated earlier in writing.

(b)  A party may terminate this agreement by notice in writing to the other party if:

 

the other party commits a material breach of this agreement that is capable of remedy (including failure to pay any amount due under this agreement) and fails to remedy that breach within [14] days after receiving notice from the other Party to do so;

the other party commits a material breach of this agreement that is not capable of remedy (including a breach of clause 22or clause 23); or

the other Party becomes Insolvent.

(c) We may terminate this agreement if:

 

you do not provide any information or materials requested within a reasonable time after being asked to do so; or

we consider that mutual confidence and trust no longer exist.

(d) Upon termination of this agreement under paragraph (b) or (c):

 

our obligation to carry out the Project ceases;

each party’s rights and obligations accrued prior to termination are not affected;

the licence granted in clause 22(b) ceases; and

each party must immediately return to the other party (or destroy or delete as the other party directs) all Confidential Information of the other party in its possession or control, except to the extent that the party needs to keep such information to comply with its record-keeping obligations;

 

(e) In the event that a client does not make payments within Inferno Promotions Pty Ltd’s credit terms. Inferno Promotions Pty Ltd reserves the right to suspend any website and withdraw service until the bill is paid.

(f) Inferno Promotions Pty Ltd will place all overdue debts into collection with an appropriate debit collection company and the Client will be come responsible for all fees incurred by the Collection business or as a part of the collection.

 

Client Access

(a) Inferno Promotions Pty Ltd shall provide Client the ability to access data on Client’s Website and make changes with a password set by the Client.

 

Termination

(a) Either party may terminate this Agreement at anytime on sixty (30) days written notice to the other.

(b) Either party may terminate this Agreement in the event the other party is in material breach of any provision of this Agreement upon ten (10) business days’ prior written notice, unless the party receiving notice corrects the default within such ten business (10) day period.

(c) Inferno Promotions Pty Ltd can immediately terminate this Agreement and withdraw the Services in the event that in the sole discretion of Inferno Promotions Pty Ltd, it determines that:

the Client is using or allowing, authorizing or assisting the Website to be used for illegal purposes; or

the Client Content is in breach of any law or any right of any third party, including but not limited to any right of copyright, trademark, or other property right of any person or entity; or

the Client downloads or installs third party software to its Website without the express written authorization of Inferno Promotions Pty Ltd.

 

Because Inferno Promotions Pty Ltd is required to allocate a certain amount of its resources to provide the hosting services for any client, it requires adequate notice of termination. Likewise, the client will require adequate time to find other hosting services. Consequently, in this case both parties can terminate on 60 days notice to the other for any reason. The notice period is shorter where one party is in breach of the Agreement and the termination will be effective unless the breaching party “cures” or corrects the breach within the notice period. Finally, due to the Inferno Promotions Pty Ltd’s concerns about becoming liable for the Client’s illegal Client Content, illegal use of the Website and/or the potential detrimental impact of third party software corrupting its systems and its services to other clients, Inferno Promotions Pty Ltd will want the ability to terminate immediately should the Client undertake this prohibited activity.