Guy Designs Terms and Conditions

Please read the following Agreement for Guy Designs Services. Before being provided with the Guy Designs Service you will need to accept this Agreement.

This Agreement is viewable at any time in the future by clicking on the following website www.guydesigns.com.au/terms-and-conditions

Guy Designs may from time to time change these Terms and Conditions and the version that is published on the Guy Designs Website (see above link) should always be taken as the binding and most recent version of this document.

THIS AGREEMENT is for services provided by Guy Designs ABN 13 191 190 750 to the Client, and commences on the date the Client accepts these terms and conditions.

Guy Designs will provide the web design, web programming and web hosting service (the Work) as detailed in its offer to the Client for the Term and for the payment specified in the offer.

Additional Services requested beyond those detailed in the offer will incur additional fees. The fees and time scale for providing Additional Services will be discussed with and approved by the Client before the Work is carried out.

Services provided by Guy Designs are priced based on dealings with the Client being via email, telephone and video conferencing (where required). Services do not include face to face meetings with Clients except where specifically included in a quotation. An allowance of 2 hours for meetings (telephone and video conference) is included with standard offers by Guy Designs, and will apply unless a different allowance is specifically included in a quotation. If additional meetings are requested by the client, these will incur additional fees.

Guy Designs will provide the web design and web programming service as specified in the Schedule of Work at the price and at the time stated in the acceptance of the Clients instructions to proceed with the Work.

The Client will pay for the Work at the rate specified in writing by Guy Designs. All projects will be considered finished upon live installation to the requested hosting environment and final payment will be due.

Guy Designs reserves the right to recover the cost of outstanding invoices including any legal costs associated with collection.

Guy Designs will provide the web hosting service to the Client during the Term stated in the offer and for the fee stated provided that the Client pays the fees on time and does not make unauthorised use of the service.

The Client will pay the web hosting at the agreed yearly hosting rate specified in writing by Guy Designs. The web hosting payment will be due before commencement of the web hosting unless otherwise agreed by Guy Designs in writing.

Guy Designs reserves the right to recover the cost of outstanding invoices including any legal costs associated with collection.

Any deposits paid for web design or web programming services will lock in prices provided in a quote for a period of up to 12 months from the payment of the deposit. The only exception to this is for the purchase of software in foreign currency, where the purchase of such software has been delayed by more than 3 months through no fault of Guy Designs, Guy Designs reserves the right to pass on any increased costs related to foreign currency related transactions.

If a website design is not commenced within 12 months, any deposit paid will be forfeited by the customer, and a new deposit will be payable before any design work will commence. Any quote previously provided will no longer be valid and will require a requote.

The Client must not participate in, or allow, any unauthorised use of the Guy Designs facilities or Services either by the Client, or its employees, or third parties, contractors or customers and in particular, the Client must not engage in any:

• Spamming: the sending of unsolicited commercial email or unsolicited bulk email to email addresses without the receiver expressing an interest in receiving such information. This includes the forwarding of chain emails.
• Sending of bulk emails or newsletter via the Guy Designs mail servers. Bulk emails are defined as emails with the same content being delivered to fifty (50) or more recipients simultaneously.
• Intellectual Property Violations: the sending of copyrighted material or material where subsisting intellectual property rights exist over the Network. The Network being that entire electronic media connected to and by the server on which the website is hosted.
• Using obscene speech or placing Obscene materials upon the Clients website or the Network.
• Using abusive language or placing defamatory material upon the Clients website or the Network.
• Forging of Headers: changing headers or messages so that it appears that the message originates from another user or machine or non-existent machine.
• Unauthorised Access to Other Computers or Networks: the attempts, successful or otherwise, to access other computers or Networks for which the Client does not have official agreement to access.
• Distributing Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities: the deliberate and knowing distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities with the aim of causing harm to other users of the Network.
• Other Illegal Activities: any activity proscribed in law by a proper authority in Australia.

The act of sending unsolicited email (“spam” or “junk mail”), or allowing other parties to send such email through the Clients account is not acceptable. Distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited E-mail or spam is also prohibited. The Client is responsible for sending email in accordance with the current legislation and for following the rules for sending commercial electronic messages. All mailing lists must follow the Spam Act 2003 and email messages must only be sent to an email address when the person responsible for that email address has given consent to receiving email messages. As Guy Designs do not permit the sending of newsletters or bulk emails via their mail servers, external providers such as MailChimp or CampaignMonitor must be used for these purposes by the Client.

The Client acknowledges that compliance with the anti-spam legislation is essential and it is the Client’s responsibility to understand the spam legislation and to follow the guidelines.

Upon payment of the appropriate fee, Guy Designs will try to improve the position of the Client Web Site in the Search Engine results in response to a search request. Guy Designs do not warrant that this effort is in any way guaranteed. Guy Designs cannot be held responsible for any changes to the position of the Client Web Site in the Search Engines results in response to a search request.

The Client will be solely responsible for the content of Web Pages. Guy Designs is not responsible for proofreading the content of site unless specifically agreed. Once final content is provided to Guy Designs for loading onto the website, any subsequent changes to content that require Guy Designs to reload the content may incur additional charges.

Guy Designs makes no representations to the Client concerning the content or functionality of the Web Site. This is the Clients responsibility to ensure that it meets all Client requirements.

If the Client provides Guy Designs with goods, material, photographs, film, data or information to be used in any form, the Client hereby warrant that these do not infringe the rights of third parties and indemnifies Guy Designs against any action taken against Guy Designs by any such third party.

Without limiting the generality of the foregoing, the Client agrees not to infringe the copyright trademark, privacy or personal or proprietary rights of third parties, supply libelous, abusive, obscene material or disparage the products or services of any third party.

Guy Designs for its part hereby undertakes not to knowingly infringe the rights of third parties in activities conducted on the Client.

The client is solely responsible for dealing with persons who access the client’s data or webpage and warrants that the Client will not refer complaints or inquiries in relation to such data to Guy Designs.

Guy Designs will perform regular website maintenance, if requested, as part of a yearly hosting package. Maintenance will consist of no more than 5 hours over the term of the hosting package. Hours are not transferable between years. Guy Designs will perform any essential security updates outside of the package hours. Maintenance hours are only available if a website remains hosted with Guy Designs – if a website is transferred away from Guy Designs before the expiry date of a hosting package, any maintenance hours are forfeited.

Any work in addition to the included hours will be charged at an hourly rate with a minimum of one (1) hour. (Please check current prices with Guy Designs.)

Guy Designs will not accept any responsibility for any alterations performed by either the Client or a third party which cause errors in the site. Such alterations include, but are not limited to, additions, modifications or deletions.

If Guy Designs are required to correct any errors resulting from such alterations, the Client will be charged the current hourly rate.

The Client’s subscription to the Services covers permitted bandwidth (monthly transfer limit) and is set to 2 gigabytes per calendar month unless stated otherwise on the Client’s Written Quotation/Agreement.

Guy Designs reserves the right to:

1. monitor the Client’s monthly bandwidth usage;
2. implement restrictions on available bandwidth in order to protect all Services using the Guy Designs Servers from time to time when necessary; and
3. make additional charges for usage above the limit at the prevailing rate as stated in the agreed quotation.

Guy Designs treats all client website applications and businesses dealings as confidential. Guy Designs will not disclose any proprietary information to third parties unless it is deemed necessary for the maintenance of the server and associated programs, or disclosure is required by law.

Guy Designs maintains the right to manage and control access to systems and information stored within its servers as it deems appropriate, and may vary or suspend the Service.

Guy Designs may suspend access to the Services if there is a security breach or if there is a malfunction in the Services to preserve data.

In the event that Guy Designs suspends the Service, the Service will be automatically terminated 3 months subsequent to the suspension date if the account has not been reconnected prior to this date.

Guy Designs reserves the right to suspend, without prior notice, some or all of the Service if Guy Designs, in its absolute discretion, considers that the Client has not complied with one or more of the terms in the Agreement or has otherwise misused or abused the Service or:

• The Services are used by a Client or a customer of the Client in a way considered inappropriate by Guy Designs.
• Providing the Services appears to expose Guy Designs to any liability as a result of a breach of any law or any third party rights.
• The Client breaches this Agreement.
• The Client has an invoice overdue for payment for more than 14 days with Guy Designs.

Guy Designs will take all appropriate precautions to safeguard the Guy Designs Servers and the data contained within, however Guy Designs will not be held responsible for any loss of Client data stored or intended to be stored on the Guy Designs Servers and on the back-up devices.

The Client will not be entitled to any form of compensation from Guy Designs in the event of loss of data. It is the Client’s responsibility to ensure they have adequate backups of any data or website content stored on Guy Designs server. The Client should not solely rely on any backups taken by Guy Designs.

Guy Designs will not be held responsible for any delay, non performance, malfunction or any other degradation of performance of the web hosting service caused by any modifications, alterations or amendments due to changes requested or implemented by the Client.

In the event of a total systems failure resulting in the disruption of service to the Internet from the Guy Designs Servers, Guy Designs will endeavour to repair and restore the service to the Client as soon as possible. The time taken will depend upon the severity of the system failure and time of detection.

If failure is caused by the Client to whom access to the Guy Designs Servers was given, the Client shall pay all costs to repair the Client server.

The Client guarantees that it owns, or has licensing rights to use, all information provided to Guy Designs including any trademarks.

Guy Designs warrants that its provision of Services to the Client will not infringe any third party’s Property Rights.

Client agrees to defend, indemnify and hold Guy Designs harmless from and against any and all claims, losses, liabilities and expenses (including solicitors’ fees) related to or arising out of the Services provided by Guy Designs to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided here under, or for any content published by Client using the Services.

Guy Designs will be under no liability to the Client, or any customers of the Client, in regards to any loss of profits or data, consequential loss, interruptions to the service or any damage which may be endured or acquired or which may arise directly or indirectly from this web hosting service, web design service and web programming service.

The Client or customers of the Client will not be entitled to any form of compensation from Guy Designs in the event of loss of data, consequential loss, interruptions to the service or damage arising directly or indirectly from the web hosting service and web programming services.

As information transmitted through the Internet is generally not confidential, Guy Designs does not guarantee the protection of the Clients privacy. The Client will take all necessary measures (including changing Clients password from time to time) to protect the secrecy of Clients user identification and/or password. Guy Designs is not liable for any loss suffered by Client or any third party due to any wrongful or fraudulent use of Clients account by Client or any other person.

Credit card details must not be stored directly on the Guy Designs web server. However if a customer stores such information in breach of these terms and conditions, Guy Designs will not be held responsible to the Client, or any customer of the Client, for any loss or misuse resulting from the use of these credit card details.

Instead, Guy Designs recommends that a secure 3rd party to the Client and Guy Designs process all credit card transactions (e.g. a secure payment gateway or a bank).

Guy Designs will not be held responsible to the Client, or any customer of the Client, for any loss or misuse resulting from the use of credit card details. If the Client is accepting credit card payments upon their website it is important that they accept the risk associated with credit card transactions and the Client understands that there are security measures that should be take by the Client such as ensuring that no credit card information is stored on their computer or within their website. All credit card transactions need to be transmitted in an encrypted form using the SSL protocol. It is essential that the Client ensure that the SSL certificate is always valid and has not expired. Guy Designs will ensure that any SSL certificate purchased by the Client is correctly installed and configured for security on the Clients website.

Guy Designs takes no responsibility for the fulfillment of a transaction in any way. Guy Designs accepts no liability for any losses resulting from use of fraudulent transactions howsoever this might arise.

Guy Designs takes all care to create all of the web applications to be robust and secure. However, Guy Designs will be under no liability to the Client, or any customers of the Client, in regards to any loss of profits or data, consequential loss, interruptions to the service or any damage which may be endured or acquired or which may arise directly or indirectly from Guy Designs services.

Guy Designs requires a minimum of 30 days notice before the intended account termination date. The Client may elect not to continue to receive Guy Designs Services however fees up to the date of termination will be payable.

Once a Schedule of Work has been agreed and instructions to proceed have been accepted by Guy Designs, a contract to complete the Work exists. Work may only be cancelled or amended with the agreement of Guy Designs. In any event the cost of all Work performed by Guy Designs for the Client, whether used by the Client or not, will be invoiced and must be paid for. Guy Designs reserves the right to recover the cost of outstanding invoices including any legal costs associated with collection.

Guy Designs reserves the right to terminate a contract.

Guy Designs reserves the right to recover the cost of outstanding invoices including any legal costs associated with collection.

Guy Designs reserves the right to terminate services (without notice) to clients with outstanding invoices, and take whatever means possible to recover Guy Designs intellectual property and the outstanding debt.

Guy Designs grants to the Client and the Client accepts a non-exclusive, non-sublicenseable, perpetual, worldwide license to publicly perform, publicly display and digitally perform the Work Product on the Internet.

The client is granted all copyright and ownership of software and artwork created specifically for them by Guy Designs, unless otherwise agreed by Guy Designs in writing. All copy, graphics, registered company logos, names and trademarks or any other material supplied by the client will remain in the ownership and copyright of the Client.

The client acknowledge that there is no assignment of Intellectual Property rights in:

1. any pre-existing material (including but not limited to Guy Designs software, documentation, templates and data) which is incorporated into or which has been used in the course of developing the Website; or
2. the user interface of the Website.

As part of this agreement, and in line with industry standards, Guy Designs will insert a small line of text in the footer of the completed site “Designed by Guy Designs”.

Where a website is based on an existing template design, the Client acknowledges that they are not granted copyright in the design elements present in the original template design, unless an additional fee has been paid to Guy Designs to obtain this copyright, and this has been acknowledged by Guy Designs in writing.

The client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material supplied by the client. Supply of above-mentioned material by the client shall be regarded as a guarantee by the client to Guy Designs that all such permissions and authorities have been obtained. No responsibility will be accepted by Guy Designs for damages to or losses incurred by the client from the use of material for which the required permission or authority has not been obtained.

All JavaScript, Flash, Database management algorithms, or PHP/Perl code etc., not designed specifically for this web site, will remain the property of Guy Designs.

Guy Designs represents and warrants that the Work Product does not and will not knowingly:

1. violate any law or regulation, including, without limitation, the laws and regulations governing export control;
2. be defamatory or trade libelous;
3. be pornographic or obscene; or
4. contain any viruses, Trojan horses, worms, time bombs or other computer programming devices which are intended to damage a user’s system or data or prevent the user from using same.

Guy Designs further represents and warrants that:

1. it will use commercially reasonable efforts to insure the Work Product will substantially conform to the Quotation for a period of ninety (90) days after acceptance (provided that the Client or any third party make no changes to the Work Product, the server, the hardware or any technology related to any of them); and
2. there is no outstanding contract, commitment, or agreement to which Guy Designs is a party or legal impediment of any kind known to Guy Designs which conflicts this Agreement or might limit, restrict or impair the rights granted hereunder.

The Web Site Developer does not warrant the Work Product to be error free.

Guy Designs warrants that the Website will be compatible with current versions (as at the commencement date of the Website) of all major software platforms (e.g Windows 8 and Macintosh OS 10.x) and browsers (Internet Explorer, Firefox, Chrome and Apple Safari) but cannot and will not warrant that the Website will run with future versions of these platforms and browsers.

Upon being made live, the Client’s website software will be covered under a 90 days software warranty. The warranty provides assurance that the website will meet its functionality specified in the original Quotation. This warranty covers for any bugs (programming errors) or missing functionality reported to Guy Designs within the 90 days of being made live. Any bugs reported within this time period will be fixed at no additional charge to the Client.

Any issue caused due to server limitations or changes is not covered in the warranty. Any bugs related to third party servers, third party database integration, third party software (including open source cms), or third party plug-ins are not covered under the warranty.

Warranty will not be honoured whilst any payments are overdue by the Client.