Terms and Conditions

(Please ensure that you read and understand these conditions.)

1. Contract
The client’s approval for work to commence shall be deemed a contractual agreement between the client and Unityworx. 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.

2. Unityworx Intellectual Property
Unityworx will hold intellectual property of any material, including any source code and original images created for the client, until payment of the final invoice. At this time the intellectual property will transfer to the client.

3. Clients Responsibilities with Regard to Copyright
In situations where the client provides images, text, animations or any other content for their website, they are legally responsible for ensuring that this material does not infringe any third part’s copyright. Certain images provided by Unityworx in the construction of the website may have been purchased under licence from stock image suppliers. These images are only licensed for use on a single website and may not be used in publicity material unless Unityworx advises that other uses are permitted. The website owner is legally responsible for ensuring that unauthorised use of such images does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.

4. Registration Charges
the Client shall meet all costs arising from the registration of a domain name. Unityworx, where we have registered a domain name on the client’s behalf, agrees to transfer this domain name to the client immediately upon request and without charge.

5. Search Engine Promotion
Unityworx are not responsible for the client’s on-going 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 take steps to optimise your site for this we are unable to make any guarantees about the success of any search engine promotion activity.

6. 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.

7. IMPORTANT! Failure to Provide Required Website Content
We are a small business. To remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject other work and enquiries to ensure that your work is completed at the time arranged.

For these reasons we ask that you provide all the required information needed for us to perform our services in advance. On any occasion where we cannot progress your website development because you have not provided the required information when you have agreed to do so, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.

8. If you agree to provide us with any information and subsequently fail to do within four weeks of project commencement, we reserve the right to close the project and the balance of our fees remaining will become payable immediately.

NOTE 1: do not give us the go ahead to start work until you are ready to do so.

NOTE 2: Text content should be delivered as a Microsoft Word (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

9. Conceptualising
Conceptualising is the process of producing website concepts for clients. Concepts can include site mock-ups, graphics and design proposals. For higher cost websites this will be included but for low cost sites (below $600) please bear in mind that unless previously agreed, only one concept is possible. You should therefore 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 appropriately but if it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require.

10. Quotations
The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required after work on the website commences, then we will accept these changes with the provision that additional charges can be required.

11. Advance Payment
An advance of 50% of the total cost of the project is required before work can commence. After work commences this advance is non-refundable.

12. Payment terms:
Payment is currently accepted by EFT (Electronics funds transfer), cheque, or money order in AU dollars. If your cheque is returned by the bank as unpaid for any reason, you will be liable to reimburse us for a "returned cheque" charge of $25.

13. Payment
Payment of any balance will be due within 7 days of the final invoice date. Full publication of the Web Pages may be delayed until after full payment has been received. Any material previously published may be removed if payment is not received. When this occurs a minimum payment of the outstanding amount will be required to have the site restored.

14. Late Payment
Accounts that have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount outstanding.

15. Future Support
The website is provided to and accepted by the client as a fully functioning, completed work. Unityworx is not responsible for future support. This support can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an ongoing support package is negotiated as a separate contract

16. Future Site Problems
Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today’s Internet. It is highly unlikely that these will affect your website, and Unityworx will endeavour to protect it from this as much as we can during its creation. We cannot be held responsible for problems that develop on completed sites as a result of illegal activity.

17. 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 applicable regulations and laws. We cannot accept responsibility for any failure to comply with 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 exist we recommend that the client obtain legal advice from a lawyer.

18. Waiver
Should Unityworx waive any of these terms on an individual basis, this shall not affect the application of remaining clauses or commit Unityworx to waive the same term(s) on any other occasion.

19. Privacy
Unityworx will not reveal, sell, or in any way divulge information about the Customer or the Internet usage of the Customer to any individual, business, marketing, or research group without prior consent of the customer or without legal warrant.

20. Publication at Customers Risk
The Customer accepts responsibility for all information and material issued by the Customer over any Service, and indemnifies Unityworx against any liability in relation thereto. In particular the Customer undertakes that it shall not publish, distribute or issue any information that is illegal, including copyrighted materials. The Customer also acknowledges that Unityworx does not vet or approve any information or material available through any service and that Unityworx does not accept any liability. To the full extent permitted by law the Customer accesses and uses such information and material at his or her own risk.

21. Provision of Service
Unityworxendeavors to provide continuous uninterrupted service at all times; however the Service provided to the Customer is not fault free and relies on factors outside the control of Unityworx. The Service is provided to the Customer at such times and means as Unityworxdecides.

22. Exclusion of Liability
Except as provided in clause 23 Unityworx is not liable to the Customer or any other person for:
a) any cost, loss or liability (including loss of profit or other consequential damage) arising from Unityworx's supply or failure or delay in supplying Service. b)the content, context, or confidentiality of any communications made using the Service. Unityworx does not provide support for third party software, including software downloaded from the Internet.

23. Limitation of Liability
Except as provided below all terms, warranties, undertakings, inducements and representations relating to the provision of any Service or goods are excluded and Unityworx will not be liable for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) in respect of any Service or goods inclusive of any software material hosted or designed by Unityworx. However, Unityworx’s liability for any breach of such implied term or warranty will be limited at Unityworx's option or in any way permitted by the legislation including where so permitted:
a)If the breach relates to goods: the replacement or repair of the goods; or the payment of the costs of replacing or repairing the goods.
b)If the breach relates to services: the supplying of those services again; or the payment of the costs of having those services supplied again.

24. Breaches
The Customer shall indemnify Unityworx against any loss (including any loss of profit) incurred by Unityworx as a result of any breach of the terms of any agreement with Unityworx including damages in respect of any period up to and including the date of actual termination (including termination under clause 16).

25. Indemnity
The Customer shall indemnify Unityworx against all claims, expenses, damages, or other liabilities arising directly or indirectly from accessing of obscene, defamatory, or offensive material via Unityworx Internet service.

26. Suspension of Service
Unityworx may from time to time without notice, for reasons other than payment (reasonable notice will be given when possible) suspend any Service or disconnect or deny the Customer access to any Service:
a)During any technical failure, modification or maintenance involved in the Service provided that Unityworx will endeavour to procure the resumption of the Services as reasonably practicable; or

b)If the Customer fails to comply with any agreement (including failure to pay charges due, having been notified of the overdue amount) until the breach (if capable of remedy) is remedied, or does, or allows to be done anything which in Unityworx's opinion may have the effect of jeopardising the operation of any Service.
Notwithstanding any suspension of any Service under this clause the Customer shall remain liable for all charges due through the period of suspension. An account that is suspended may not be altered or closed until full payment on any outstanding balance is received.

27. Information Received
Except as otherwise expressly permitted in writing, no person may reproduce, redistribute, retransmit, publish or otherwise transfer or exploit any information which they receive regarding Unityworx's Service in any way which is to be used for competitive purposes in relation to the Service.

28. Assignment
The Customer cannot assign its rights under any agreement with Unityworx without the prior written consent of Unityworx. Unityworx may transfer your rights and responsibilities under this assignment to another party with 30 days written notice to you.

29. Governing Law
This Agreement is governed by the laws of Australia and the parties submit to the jurisdiction of the Australian Courts. It is illegal to view certain types of information (notably types of pornographic material) in Australia . Users of Unityworx may not break any laws while using the system. The availability of such material on the Internet is beyond Unityworx’s control.

30. Server Abuse
Any attempts to undermine or cause harm to a server is strictly prohibited.

31. Client Content, Backups and Data Loss:
Unityworx performs backups of Shared Hosting Server (Standard Hosting and Reseller Plans) content on a daily basis. Unityworx makes every effort to insure that these backups are valid. Unityworx assumes no liability for any information published to any server including all customer web site content, related files, backup files, databases or mail belonging to any customer hosted at Unityworx. Backup arrangements for client content for any frequency other than the standard backup frequency must be made by written contract and acceptance by Unityworx and any such contract will be subject to premium monthly charges. It is the sole responsibility of account owner to insure that they maintain their own backup copy of any materials placed on Unityworx Servers, or of any database maintained on any server operated by Unityworx in the event Unityworx is unable to restore customer content from backup. AT NO TIME SHALL Unityworx ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.

32. Termination of hosting, search engine optionaion and pay per click advertising services

32.1 Subject to clause 32.2, both Unityworx and the Customer may each terminate the Agreement at the expiration of the Period by giving written notice of its intention to do so at least 30 days before the end of the Period. If neither party gives notice of intention to terminate, the Agreement will continue from month to month until terminated by either party on one month’s notice. The Customer must pay Unityworx the sum of all monies due and payable but unpaid which includes any balance of a lump sum amount.

32.2 Unityworx may give the Customer written notice of variation of the Agreement (including the fees and charges of Unityworx) and the variation(s) will take effect 14 days after such notice is given but never any earlier than the expiration of the Period of the Agreement. If notice of variation is given, the Customer may terminate the Agreement by giving written notice to Unityworx within 14 days of receiving notice of variation, such termination to take effect when the variation would have taken effect save for the termination by the Customer. The Customer must pay Unityworx the sum of all monies due and payable but unpaid which includes any balance of a lump sum amount.

32.3 Unityworx may terminate the Agreement immediately by written notice to the Customer where the Customer:

(a) becomes bankrupt, or insolvent, or becomes subject to external administration; or
(b) commits a substantial breach or default under the Agreement; or
(c) repudiates the Agreement; and if Unityworx does give such notice, the Customer must pay Unityworx the sum of all monies due and payable but unpaid which includes any balance of a lump sum amount.

32.4 Unityworx retains it right over all things pertaining to your matter until all invoices have been paid in full.

33. Application of laws:
Nothing in these terms is intended to exclude or contradict any statutory rights of the client, and any term that is founded to be legal invalid is to be disregarded without affecting the application of the other terms if possible.

34. Claims by Third Parties:
The client agrees to hold Unityworx harmless against any claims by third parties relating to the contents or use by any person of the website, including without limitations, for breaches of copyright, defamation or unfair trade practises.

Unityworx 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 support@unityworx.com.au