Clickemart Terms & Conditions

The following terms and conditions apply to all web site development and hosting services offered by clickemart Pty Ltd (ABN 25 138 607 968). By accepting a quote either verbally or in writing or ordering a product from clickemart you are agreeing to the following terms and conditions.

GENERAL TERMS

  1. All prices are inclusive of GST unless otherwise stated.
  2. Quotes are valid for 28 days.
  3. Cancellation charges apply. Once commission has commenced, Monthly spend times the remaining months applies to all terminated contracts and must be paid in full at time of termination.
  4. It is the customers’ responsibility to ensure that any web site is lawful, does not infringe any copyright or any other laws. It is also the customers’ responsibility to carry out any market research as to the viability and profitability of any project before accepting any quote.
  5. We reserve the right to refuse to construct or host a web site that we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography; sites that promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites that infringe copyright or are contrary to Australian laws.
  6. The acceptance of a quote either verbally or in writing shall be deemed as a contractual agreement between the client and clickemart™.
  7. At project acceptance clickemart™ can provide an estimated completion date, however we cannot guarantee this date as a final completion date.
  8. A deposit of no less than 30% must be provided before project commencement.
  9. Once a commission has commenced it will be completed using the information, data, text and images provided at project commencement or during the design phase. Once the design process has been completed the project will be presented to the client who may make any changes to design and content.
  10. clickemart™ will initially place the client's web site on a demonstration server in order that the client may view and comment upon the project.
  11. clickemart™ reserves the right to alter our prices at any time without prior notice. If a quote at an original price has been made it will be valid for 28 days and subsequently during the life of the current commission, however additional work may be charged for using the new pricing structure.
  12. When a quote has been accepted and a developed project approved by the client, any subsequent invoice issued as per your contract term must be paid within 30 days regardless of the amount of content that the client still has to provide to clickemart™.
  13. A clients site will be hosted once approval of the design and content is given however we reserve the right to remove the site at any time if any invoice falls outside our trading terms until such time that the invoice is paid in full.
  14. Content or features listed in the original quote but not provided during the development phase by the client will be added at any time in the future, however invoices must be paid in full including sections which the client still has to provide content for.
  15. All material, both text and images supplied by the client and used in the construction of the client's web site, will remain the client's property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
  16. The copyright for all material provided by clickemart™, such as source code, graphics, photographs, video, animation and text, will remain the property of clickemart™ until such time as payment has been made in full over the contract term agreed whereupon they will become the property of the client.
  17. clickemart™ produce projects where every effort is made to display the pages acceptably on most popular browsers currently available, however we cannot accept responsibility for pages which don’t display properly on versions of browsers released after the project is completed.
  18. The client is ultimately responsible for checking the correctness of the site before they give clickemart™ the go ahead to make the site publicly available.
  19. When a client agrees that a site can be made publicly available they are agreeing that the design and development of the site has satisfied all their requirements.
  20. Customers wishing to cancel a web site hosting, support or updating package must inform us before the site is live otherwise full annual payment will be required.
  21. The system that runs your website remains the property of clickemart™ at all times. The coding, programming and intellectual property that creates your website is owned by clickemart™. In purchasing a website package with us you own the style, design and graphic design of the website. You also own all of the content that you place onto your website. The content, style and design on your website will be made available to you if you elect to leave clickemart™.
  22. clickemart™ reserves the right to use client websites, web design, layouts, wireframes and collateral in advertising and or marketing initiatives. This may include portfolio examples on our website, case studies and other promotional initiatives, and discrete links at the foot of the pages on the supplied website.
  23. clickemart™ provides a telephone support 1300 clicke (254253) during business hours 9am-5pm (AEST) and an email support service onsupport@clickemart.com.au
  24. All support issues requiring less than 2 hours work will be resolved within 24 hours of the support ticket being logged. If faster support is required, this may attract an additional fee payable upfront of $125 p/h.
  25. Support issues requiring more than 2 hours work will attract an additional fee of $125 p/h.

PAYMENT

  1. By agreeing to these terms and conditions your statutory rights are not affected.
  2. Our payment terms are 30 days. Payments can be made by cheque to PO BOX 755, Strawberry Hills NSW 2012 or by EFT into our account or Credit Card. Please refer to our invoicing for bank details and payment options.
  3. Any payment returned by the bank will incur a $15 administration charge. This will be invoiced separately and will be payable immediately in addition to the overdue amount.

HOSTING, SUPPORT AND UPDATING SERVICE AGREEMENTS

  1. Your website must be hosted on our servers for the duration of your contract with clickemart. Given the nature of our Content Management System (CMS) we can not build or support your website unless it is hosted by us.
  2. clickemart offer renewable service agreement packages of hosting and updating which can be purchased at the completion of your contract term. These include hosting, content updating and search engine submissions.
  3. These packages are quoted for either on application or at time of quoting for a full project.
  4. Hosting, support and updating services will continue to be billed monthly at the completion of your contract unless notification is received in writing. Please allow 14 days for the processing of any cancellation requests.
  5. Our content update service refers to any content, photographs or text, which replaces any current content. It does not extend to producing new sections or pages unless otherwise noted.
  6. Quoted prices generally stay the same year to year but can change depending on the amount of content updated, additional sections added, bandwidth or web space used.
  7. Monthly we submit clients sites to search engines however, we cannot guarantee inclusion or accept responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a client's web site.
  8. Hosting support and updating packages are renewed annually & invoiced monthly. Invoices are provided monthly and must be paid within terms. We reserve the right to remove the site at any time if your invoice falls outside our normal trading terms.
  9. Customers wishing to cancel a hosting, support or updating package must inform us before the invoice date otherwise full annual payment will be required.
  10. No partial refunds will be given for hosting, servicing or updating packages cancelled during the current billing month.
  11. While we and our hosting partners take many steps to ensure that clients sites are always backed-up it is the clients responsibility to inform us when they make a change to the site so that we can then backup that specific part. For example databases of database driven sites.

PRIVACY

Your privacy is important to us. We will not sell, lease of distribute your contact details to any 3rd party unless we are compelled to do so by law.

JURISDICTION

This website is governed by the laws of the state of NSW, Australia. Any dispute arising from the use of this website will be settled in this jurisdiction.
 
By agreeing to these terms and conditions your statutory rights are not affected.
Clickemart™ Pty Ltd will reserve the right to alter any of the above terms and conditions at any time.