TERMS & CONDITIONS
By agreeing to proceed with a website design project and/or marketing support service, you accept that this forms a contract with Aidia Design and Consulting, ABN 50 879 740 203, (“AIDIA”) and the following terms and conditions. These terms and conditions should be read in conjunction with any fee proposal and/or tax invoice you receive from AIDIA.
Payment Terms
AIDIA’s services are provided at the agreed rate as outlined in the Fee Proposal. For website design and development projects, we will require payment of 50% deposit upon acceptance and 50% final payment prior to website launch. For on-going marketing support services, we will invoice you monthly. Payments can be made by Electronic Fund Transfer (EFT) or PayPal. Payments made by PayPal will incur a 3% surcharge. All invoices will be sent via email and must be paid within 14 days of the invoice date. If payment is not received after 30 days of the invoice date, a late fee of 5% of the invoice total will be added to the next invoice.
Domain Registration & Hosting Service
Unless otherwise agreed, websites will be hosted by AIDIA. AIDIA can also assist with your domain registration. If you already have a domain name, AIDIA can arrange a DNS transfer on your behalf and will also set up an email hosting account if required. AIDIA will not be responsible for the installation of the website on alternative hosting.
Cancellation & Refunds
All deposits received are non-refundable. Customer cancellation of any AIDIA services at any stage must be notified in writing via email. Any outstanding balances remain payable regardless of the stage of design or production of the project. Non-payment of any outstanding amounts will be passed onto a debt collection agency for full payment plus expenses. AIDIA do not offer refunds for server, service or software interruptions.
General
Although AIDIA endeavour to complete every project on time or sooner, AIDIA cannot be held responsible for the delay in the design or development of any website design project. AIDIA reserves the right to suspend or cancel a customer’s access to any or all services provided by AIDIA, at its discretion, if the account has been inappropriately used or otherwise abused. Individual accounts are for the intended use of the account holder only. AIDIA does not allow any of the following content to be stored on its servers: (a) Illegal material, including copyrighted works, commercial audio, video, or music files, or any material of any type in violation of any federal, state or local law or regulation anywhere in the world. (b) Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes “adult material” is entirely at the discretion of AIDIA. (c) Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing etc. material or encrypting of any of the above. This also applies to sites which provide links to or ‘how to’ information about such material.
Unless otherwise agreed all websites will have a discreetly placed “Web Design by AIDIA” or similar link to the AIDIA website. AIDIA does not control the interaction between your website and its visitors.
Website Maintenance
Subscription to AIDIA’s website maintenance includes technical updates (plug-ins and WordPress version updates) and simple content updates. Complex modification to your website will incur additional charges at our normal hourly rate of $80. For security reasons, CPanel access cannot be given to any AIDIA customers. AIDIA builds all sites on the latest install version of WordPress at that time. Unless you have engaged us for website maintenance, AIDIA is not responsible for installing and/or updating-to future versions of WordPress. Any requests for installing and updating WordPress versions is chargeable at our normal hourly rate of $80. Any website can be vulnerable to a “hack” or malicious activity. While it is out of our control, in the unlikely event of a hack to a client website, AIDIA can reinstate your site from a backup version, check security integrity and complete a performance update for a fee of $150.
Website Design
After ‘sign-off’ of a website design concept, any amendments from that point, will be subject to additional design fees at our normal hourly rate of $80. A website will only go ‘live’ after full payment has been received. If you require a logo design and/or custom videos and images, AIDIA will complete these before commencing the design of the website. Websites with ‘Mobile Responsive Design’ do not include any customisation to the design or layout visible on a Smartphone or tablet. Customisation is available at an extra cost following instruction from you.
Transfer
AIDIA websites cannot be transferred away from AIDIA servers other than by agreement and only after payment of any and all outstanding fees are received. If a transfer is agreed, AIDIA will prepare a set of files containing the contents of your website. An administration fee of $250 is payable for this process. No responsibility can be taken by AIDIA for website or email disruption during any part of the transfer process. AIDIA cannot provide support for websites that we do not host.
If you are transferring your existing WordPress website to AIDIA, AIDIA cannot transfer your existing emails to our hosting platform. We recommend you take a copy of all emails from your existing host up to the point of transfer to AIDIA. AIDIA cannot be held responsible for any emails lost during the transfer period and we recommend an alternative email address (hotmail, gmail, outlook or similar), be set up during that same time.
Disclaimer
AIDIA shall not be liable, under any circumstances, for any loss of business, profits, goodwill or data, loss of use, interruption of business, or for any indirect, or consequential damages that result in any way from the customer’s use of, or inability to use the services, or that results from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or software. AIDIA cannot be responsible for any damages that may be suffered resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions, including interruption at payment gateways or email interruption or through receipt of spam emails. AIDIA makes no representations, warranties or assurances that your equipment will be compatible with AIDIA’s service.
Trademarks & Copyrights
The design of your website is under copyright and license from AIDIA for use by yourself. You are prohibited from selling, replicating or reproducing any of the design of your website without written permission.
Limited Liability
AIDIA does not warrant that the service will not be interrupted or error free; nor make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the AIDIA servers, unless otherwise expressly stated in this Agreement. Under no circumstances, including negligence, shall AIDIA, its officers, agents or anyone else involved in creating, producing or distributing AIDIA web design services be liable for any damages that result from the use of, or inability to use the AIDIA service or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to communication failure, theft, destruction or unauthorised access to AIDIA’s records, programs or services. Notwithstanding the above, the customer’s exclusive remedies for all damages, losses and causes of actions shall not exceed the aggregate dollar amount which the customer paid during the term of this agreement and any reasonable attorney’s fee and court costs.
These terms and conditions should be read in conjunction with any fee proposal and tax invoices provided by AIDIA.