Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Eastern Suburbs Web Design's relationship with you in relation to this website and the procedures of business.
The term "ESWD", "us" or "we" shall mean Eastern Suburbs Web Design or any subsidiary, division or business of that Company. The term 'you' or "the client" refers to the user or viewer of our website, or the company or individual requesting the services of Eastern Suburbs Web Design.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, logos, and graphics. Reproduction is prohibited other than in accordance with the copyright notice or with written consent from the website's owner, which forms part of these terms and conditions.
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other website's. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without Eastern Suburbs Web Design's prior written consent.
If you choose to do business with Eastern Suburbs Web Design you hereby agree to the following terms & conditions of Website design services.
ESWD reserves the right to refuse any material of an illegal nature.
We will not take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
We reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
ESWD reserves the right to suspend services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us websites may be taken down until payment is received.
You will be solely responsible for the content of your Web Page/undertakings. ESWD is not responsible for proofreading any content unless specifically agreed.
If you provide ESWD with goods, material, photographs, film, data or information to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify ESWD against any action taken against ESWD by any such third party.
Without limiting the generality of the foregoing, you agree 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.
ESWD for its part hereby undertakes not to knowingly infringe the rights of third parties in activities conducted on your behalf.
3.1 You must pay all charges as set out in the Purchase Order. As prices quoted on Eastern Suburbs Web Design material may change at any time without notice, please check the price on your Purchase Order before confirmation. Cost estimates are only valid for a period of 30 days.
3.2 You will remain liable for all fees during any period when Services have been discontinued or suspended due to a failure on your part to comply with these terms and conditions
3.3 You will be invoiced as agreed in your purchase order. All accounts are payable within 7 days of invoice.
3.4 You are liable to pay overdue interest at 5%/week on any amounts not paid within 7 days of invoice, 10%/week in case of web hosting. All intellectual property rights remain with Eastern Suburbs Web Design until payment.
3.5 You must pay Eastern Suburbs Web Design's charges without any set off, counter claim or deduction unless same is agreed in writing between us.
3.6 Eastern Suburbs Web Design reserves the right to prioritize early paying clients and to charge urgency fees for turnaround within 3 working days. (VIP status)
3.7 Agreed Costing is conditional on your supplying data required for a Website Stage or completion deadline agreed within 10 working days of confirmation of Order. Eastern Suburbs Web Design reserves the right to revise costings if that condition is not met in line with charges applying at the relevant time.
3.8 No final artwork or files will be delivered until final invoices are paid in full. Payment by cheque will entail waiting for clearance before supply of files. Delivery being: Supply of final artwork digital files to printer, on disk, via email or uploaded to nominated ISP. Construction files remain the property of Eastern Suburbs Web Design unless arranged otherwise.
3.9
Printer or ISP Liaison is charged at our current rate per hour.
4.1 Eastern Suburbs Web Design reserves the right to suspend services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us websites may be taken down until payment is confirmed.
4.2 Eastern Suburbs Web Design may from time to time and without notice or liability to you suspend any of the services if the reason for doing same is an event beyond the reasonable control of Eastern Suburbs Web Design.
5.1 Eastern Suburbs Web Design may discontinue services if an amount payable to Eastern Suburbs Web Design is overdue or take down a website permanently in any case where an amount payable is overdue by more than 14 days. In any such event, you remain liable for the total cost of the contract including a re-loading fee, charged at applicable hourly rates including all disbursements; unless otherwise agreed between the parties.
We will endeavor to ensure that any developed website or application will function correctly on the server it is initially installed on to and that it will function correctly when viewed with the major types of web browsing software including but not limited to Microsoft Internet Explorer, Mozilla Firefox, Apple Safari and Opera.
Whilst we recommend hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by us. We will not accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you will see visits increase to your site naturally. We will not accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
All created files remain the property of ESWD.
ESWD retains the Copyright in and the right to use all artwork created in advancing the profile of ESWD and to be recognised for artwork created by ESWD.
ESWD shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any item from your Web Page unless specifically agreed otherwise. Further, ESWD shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.
ESWD observes Privacy Laws and Guidelines relating to personal data.
If there are any questions regarding these Terms & Conditions you may contact us using the information below.
Eastern Suburbs Web Design
