TERMS AND CONDITIONS
Website Development / domain / hosting

PAYMENT TERMS

Scribblevision Designs requires approval to place an order from the client via one of the following methods:

Approval through our online quoting system.
Written approval sent to Scribblevision Designs with your proposal documents inclosed.
An email accompanied by the proposal (as an attachment) and an electronic signature.

Fees quoted are valid for 30 days from the date of issue. Our payment schedule is as follows:

30% of the total project cost will be invoiced on commencement of the project.
40% will be invoiced when the design template is coded and approved by the client.
The final 30% will be invoiced on final approval before the site is posted to the live server.
Payment terms are strictly 15 days

Updates outside original scope

In the event of any variations or extensions to the project, or should a client wish to engage Scribblevision Designs on a time and materials basis, all work will be undertaken in accordance with our hourly rates.

SERVICE TERMS

Intellectual Property

Scribblevision Designs reserve the right to re-use technical components developed during the project and will retain intellectual property rights on each development. The client will hold copyright on the content of all work pending payment of final invoice. Scribblevision Designs may use selected open source software to develop frameworks and extension, the software and/or core code used is protected under the license terms of use outlined for the selected software and/or core code.

Note: Scribblevision Designs retain copyright of design files, including working files and finished artwork files. If the client wishes to obtain copyright to these works then a fee will be payable. The amount will be assessed based on the project and work undertaken.

Maintenance

Content - Scribblevision Designs can provide a content maintenance service if required. This is billed at our standard hourly rate or an agreed monthly/annual content maintenance contract.

Software Maintenance - Scribblevision Designs guarantees that each project will be compatible with current versions of all major software platforms and browsers. Current release refers to software versions current at the time the website goes live, versions released after this date are not included. (Updating to new release software is billed at our standard hourly rate.)

Platforms:

Macintosh (OS X 10.4 up to current public release version)
Windows (version XP up to current public version)

Browsers:

Google Chrome - version 3 up to current public release
Firefox - version 3 up to current public release
Safari - version 4 up to current public release
IE 7 - up to current public release

Variations and Extensions

In the event of any variations or extensions to the agreement between Scribblevision Designs and The Client, all work will be undertaken in accordance with our hourly rates. Scribblevision Designs can also be engaged on a time and materials basis.

Goodwill

Our proposals assume goodwill from both sides regarding:

What can reasonably be achieved in a given time frame.
Making best use of resources to achieve the most effective outcomes.

All quotes/proposals are valid for 30 days from date of issue.
To review our terms and conditions visit www.scribblevisiondesigns.com.au/terms-and-conditions

FULL TERMS AND CONDITIONS - Scribblevision Designs

By placing an order with Scribblevision Designs, you confirm that you are in agreement with and bound by the terms and conditions set out below.

Definitions

Scribblevision Designs refers to J & P Mackie.
The client refers to the company or individual engaging the services of Scribblevision Designs.

General

Scribblevision Designs will only commence a project where an agreement has been provided by email, telephone, mail or fax. An 'order' is deemed to be a written or verbal contract between Scribblevision Designs and the client. This includes written and verbal agreements via telephone and email.

Project stages

Stage 1 - The client must thoroughly review the website design, providing feedback within five business days.

Stage 2 - The client must review the website wireframe development (empty website shell or working website without content), providing feedback within five business days.

Stage 3 - The client must carefully review the completed website including all content, providing feedback on any changes within three business days.

Final review - The client will review any changes made in stage three and authorise Scribblevision Designs to launch the project. (Project is only posted on final payment clearance.) Any changes requested after the final review will be considered additional and charged at our standard hourly rate.

System specifications and alterations

Each project will have set parameters as described in the final proposal and/or technical specification. This document also includes an authorisation form which indicates agreement with the specification and authorises Scribblevision Designs to begin work. On commencement the development team will proceed in accordance with the exact specifications as set out in this document. If there are any amendments to these parameters after the project has commenced, Scribblevision Designs will consider this to be an additional component or customisation of the project and will charge for this work at our standard hourly rate.

Bugs or system errors

When a project has been delivered and approved, the client will have a three month grace period where Scribblevision Designs will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.

Website design

While every endeavour will be made to ensure the website and any scripts or programs are free of errors, Scribblevision Designs does not accept responsibility for any losses incurred due to website malfunction.

The project remains the property of Scribblevision Designs until all accounts are paid in full. Any scripts, cgi applications, php scripts, programming code or software written by Scribblevision Designs and any associated graphics and files remain the property of Scribblevision Designs and may only be commercially reproduced or resold with the permission of Scribblevision Designs.

Scribblevision Designs cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and may refuse use of any such material unless proof of permission is provided.

Any additions to the brief will be carried out at the discretion of Scribblevision Designs. Where no charge is made by Scribblevision Designs for these additions, Scribblevision Designs accepts no responsibility to ensure these additions are error free. Scribblevision Designs reserves the right to charge an appropriate sum for any correction to these or further additions.

The client agrees to provide Scribblevision Designs all materials required to complete the site (files, content and images) in a timely fashion.

Scribblevision Designs will not be liable for costs incurred, compensation or loss of earnings due to the failure by the client or Scribblevision Designs to meet agreed deadlines.

Scribblevision Designs will not be liable or become involved in any disputes between the site owner and their clients and Scribblevision Designs cannot be held responsible for any wrongdoing on the part of a site owner.

Scribblevision Designs will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client, or any of the clients appointed agents.

Scribblevision Designs will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by its agents.

A deposit of 30% is required with each project before any work will commence. Once a project has been completed the final balance of payment is due in accordance with our payment terms.

If the client decides to terminate the contract after a project has commenced, the client will be liable to pay for all work done up to the point of termination. In the event the client terminates the contract after the concepts have been delivered, the deposit paid, as outlined in the proposal payment schedule is non refundable.

Content and data entry

The supply of content and assets is the responsibility of the client, unless the client is employing Scribblevision Designs's copywriting service.

All content for all sections of the website must be supplied at an agreed time and preferably in one delivery.

Content must be thoroughly reviewed before it is supplied to Scribblevision Designs. Scribblevision Designs is not responsible for any spelling and grammatical errors.

Content must follow the directions of the site-map. If the site-map indicates five pages, content must be supplied for five pages.

Project delays

Where a project has final approval Scribblevision Designs will indicate timeframes for both parties. If a client delays the project for more than two months, (by missing deadlines for the supply of information, content or images) Scribblevision Designs reserves the right to charge a project-delay fee to recover costs associated with ongoing management of the project.

Database, application and e-commerce development

Scribblevision Designs cannot take responsibility for any losses incurred by the use of any software created for the client. The client is expected to fully test any application or program relating to a site developed by Scribblevision Designs before being made available for general use. Whilst every care has been taken to ensure products are bug free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, cgi applications, php scripts or software written by Scribblevision Designs remain the property of Scribblevision Designs and may only be commercially reproduced or resold with the permission of Scribblevision Designs.

Where applications or sites are developed on servers not recommended by Scribblevision Designs, the client is expected to provide information, software and support relating to the server to assist with the correct development of the application. Any assistance or work required from Scribblevision Designs for external hosting will incur additional charges.

Where a large application is to be developed, the client is responsible for providing a testing environment as similar as possible to the final production environment.

Compatibility

Scribblevision Designs will ensure that any site or application will function correctly:

On the server to which it is initially installed.
When viewed with Google Chrome - version 3 up to current public release.
When viewed with Firefox - version 3 up to current public release.
When viewed with Safari - version 4 up to current public release.
When viewed with IE 7 - up to current public release.

Scribblevision Designs can offer no guarantee of correct function with all browser software including future releases.

Website hosting

Scribblevision Designs cannot guarantee the availability or continuity of this service and cannot accept liability for loss of revenue caused by the unavailability, malfunction or interruption of this service.

Scribblevision Designs reserves the right to refuse handling of material which may be deemed offensive, illegal or controversial. In this instance, hosting services may be terminated.

Hosting terms

Hosting is available through Scribblevision Designs hosting. Any client requesting hosting on another server will be charged a fee for the time taken to transition the website to the preferred hosting provider.

Training

All end user training is to be undertaken at Scribblevision Designs, 13 Riverslea Blvd, Traralgon, Victoria 3844

Payment of accounts

A deposit by the client is required before Scribblevision Designs can commence a project. Any outstanding accounts for work completed by Scribblevision Designs or our affiliates requires payment in full no later than 15 days from the date of invoice. On completion of a project the client is obliged to pay the balance in full.

Scribblevision Designs will issue a reminder of payments due if they are not received. If accounts are not settled and Scribblevision Designs have not been contacted regarding the delay, a late payment fee will be issued. If accounts are still not settled within 5 business days website access may be denied and web sites or projects removed.

Complaints procedure

Any client experiencing problems with a web service provided by Scribblevision Designs should contact their assigned Project Manager or email info@scribblevisiondesigns.com.au Clients should supply the URL of the problem and clearly outline the issue in question.
Scribblevision Designs will contact the individual responsible for the material in question with a view to resolving the matter satisfactorily.

Formal complaints procedure

The formal complaints procedure is in place should a client feel that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to Scribblevision Designs who will acknowledge receipt and ensure that the matter is examined within two business days.

An initial response will be issued within seven days of receiving the formal complaint and a full and considered response will be issued within 30 days. Any required action will be implemented with minimal delay.

Correspondence

Please post any correspondence to:
Scribblevision Designs
PO Box 1333
Traralgon, Victoria 3844

Contact

www.scribblevisiondesigns.com.au
info@scribblevisiondesigns.com.au
P. (03) 5174 1057
M. 0411 2662 249

Domain name registration 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.
Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
If your application is deemed fraudulent through a fraud detection and prevention mechanism in the domain registration process, we may require the registering party to supply Photo Identification to verify their identity. Accepted Photo Identification methods are Passport or current Drivers License.
Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.
We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.

Website hosting/email/secure webpage/
virus protection terms

We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that:

you will not, nor will you authorise or permit any other person to, use the Server in violation of any law or regulation;

you will not knowingly or recklessly post, link to or transmit any material:

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; and

you will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers. Scribblevision reserves the right to suspend your service at the time of service abuse prior notification, and to terminate post 3 events of suspension of the service as a result of ongoing lack of resolution of the issue associated.
You are responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or mis-routing or any other failure of email. In the event of deliberate transmission of unsolicited commercial email (UCE), Scribblevision reserves its right to terminate services without prior notification.
You warrant, undertake and agree that:

any transactions within your Web site which are contracts for the sale of goods or services will be between you as the merchant and your end-user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate;

the information contained within your Web site will comply with all applicable law, and codes of practice governing the use of Web sites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force;

you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Not withstanding such notification you will be liable for any and all uses of your account (and Web site) not withstanding any fraudulent or improper use of your password or any other access to any of the facilities we offer which is not unauthorised use or access by us.
Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.
We do not warrant whatsoever that our virus protection services will stop every virus from reaching your computer network. We make no warranty that the service will be error free or free from interruption of failure, and the company expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.
You agree to accept additional charges for the transit of IP traffic above and beyond the amount specified as a limit in any Service plan. All excess data will be charged at the rate of 6.88c/MB to the nearest whole MB. These charges will fall due at the completion of the calendar month on normal trading terms of 14 days from invoice. Scribblevision will notify the hosting account holder when accounts reach 80% capacity.
For hosting service plans which specify UNLIMITED disk (storage) space, this pertains only to files required for the normal operation of your website, and which are linked to in that website, that is your webspace provided in your account is expressly prohibited from use as an online file repository.

Furthermore, you warrant to Scribblevision that any content published to your file space either directly, or user uploaded via your website, that you hold all rights to publish and distribute such material and that specifically you do not violate the rights of any third party. Any site hosting material such as music, video or pictures that does violate the rights of any third party, may be suspended or terminated at the sole discretion of Scribblevision.

Any site that uses greater than 100,000 inodes (every file on your hosting account uses 1 inode), or that create file system damage by the rapid creation of large volumes of files, will be subject to review and possible suspension.
For hosting service plans which specify UNLIMITED data transfer, should your site exceed burst (or ongoing) data transit of greater than 5Mb/sec, or otherwise degrade the network performance for other users, the account will be subject to review and possible suspension.
For any service plan which specifies UNLIMITED email accounts, should the mail boxes associated with your account exceed more than 1,000,000 aggregate messages, the account will be subject to review and possible suspension.
All hosting plans are subject to general resource and usage monitoring. The following usage items are expressly prohibited:

Any action or process that unreasonably consumes resources degrading the shared environment for other users is subject to review. This includes but is not limited to execution of scripts (PHP,ASP.NET,CGI/PERL, FTP, HTTP, database connections and the like).

Running standalone, automated server-side processes including, but not limited to any daemon.

Running any bit torrent application, tracker or client.

Participating in file sharing or other peer to peer sharing activity.

Executing any script for longer than 180 seconds.

Executing any database query that takes longer than 30 seconds to complete.

Specifying cron tasks that execute more frequently than every 300 seconds.

General terms and conditions

The following terms and conditions apply to all contracts and provision of all Services, including the registration of .au.com sub-domains the special terms for which are set out below:

Service availability

We shall use reasonable endeavours to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server.

In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.

Intellectual property rights and other consents

You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant financial institutions.

Indemnity

You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.

Termination

We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due. We may suspend all services within an account prior to termination should any invoice in the account be outside of our trading terms.

We may terminate this agreement immediately if you breach any of these terms and conditions, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.

We may also terminate this agreement with immediate effect if you fail to comply with the End User Agreement (EUA) of a third-party supplier (Supplier) of Software or a Hosted Application.

On termination of this agreement (in relation to Website hosting) we shall be entitled immediately to block your Web Site and to remove all data located on it. We will hold such data for a period of 14 days and allow you to collect it, at your expense ($150/hr), failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.

On termination of this agreement we shall also be entitled to immediately cease any of our other Services to you (apart from Web Site hosting) without holding any backup data for retrieval by you.

Without limiting the section below on our Exclusion and limitation of liability, Scribblevision will not be liable to you for any cost, expense, damage or loss whatsoever for terminating this agreement.

If the Supplier seeks to terminate your use of a Software or a Hosted Application for reasons other than your non-compliance with an EUA or these terms and conditions, Scribblevision will use reasonable endeavours to honour the remaining period of any then current and existing right hereunder for you to use that Service but Scribblevision will not otherwise be obligated to continue the Service if this is not possible or viable due to events beyond the reasonable control of Scribblevision.

Scribblevision shall not be liable for any delay or failure to perform its obligations pursuant to this agreement if such delay or failure is due to termination of access to the Hosted Application or to Software by the Supplier or a change by the Supplier to the conditions of supply thereof.

If you wish to terminate your account with Scribblevision, you must do so by emailing a writen request to info@scribblevisiondesigns.com.au, otherwise your account will be automatically renewed for the same subscription period and you will be liable for, and immediately invoiced upon the commencement of, such additional subscription period. Specifically, Scribblevision will not accept verbal instructions to terminate an account.

In the event of customer requested cancellation of a renewed service, Scribblevision will complete the cancellation request to your service at the first available opportunity, however we acknowledge the date of lodgement of the cancellation request (where we have provided a receipt ID) as the date of cancellation. Services are required to be cancelled prior to renewal, for cancellations submitted after the scheduled date of renewal there are no credits and no refunds.

TERMS AND CONDITIONS Website Development / domain / hosting