Zeumic Website & Multimedia Business Centre
Home arrow Legal Statements arrow Terms & Conditions arrow Terms & Conditions of Sale - Multimedia Design & Build
Terms & Conditions of Sale - Multimedia Design & Build PDF Print E-mail

1 Authorization
The Client is engaging Zeumic Pty Ltd, as an independent contractor for the specific purpose of designing/building a World Wide Web site (hereinafter referred to as "Web Design Project") to be published on the Client's account on a Zeumic Pty Ltd registered Internet Service (IS)/Web Presence Provider (WPP) computer, hereinafter refer to as "Hosting Service". The Client hereby authorizes Zeumic Pty Ltd to access this account, and authorizes the Hosting Service to provide Zeumic Pty Ltd, with "full access" to the Client's account, and any other programs needed for this Web Design Project that are included as part of the Client's service agreement/level. The Client also authorizes Zeumic Pty Ltd to submit the completed Web Design Project to major Web Search Engines, own portfolio, awards agencies and other groups for similar internet purposes.

2 Development
This Web Design Project will be developed using various open source and commercial software products and proofed via our Quality Assurance procedures.

3 Browser Compatibility
Designing and Building a website to fully work in multiple browsers and browser versions can require considerable, extra effort.  It could also involve creating multiple versions of code/pages.  Zeumic Pty Ltd represents and warrants that the website we design for you will work in:
- Microsoft Internet Explorer versions 6 to 7 (latest version of release at the date of quote)
- Mozilla Firefox version 1 to 2 (latest version of release at the date of quote)
While Zeumic Pty Ltd will make reasonable efforts to design a fully functional website, Zeumic Pty Ltd’s warrantee does not cover AOL, text-based browsers or requested special effects or design that we have advise you against.

4 Accessibility for People with Disabilities
Zeumic Pty Ltd’s standard is to meet at least half the currently recommended guidelines for web site development.  Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.

5 Assignment of Web Design Project
Zeumic Pty Ltd reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms and conditions are met as well as on-time completion.

6 Copyrights and Trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Zeumic Pty Ltd for inclusion in the Web Design Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Zeumic Pty Ltd and its subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.

7 Website Maintenance
These terms and conditions allow for minor website maintenance to pages over a 3 month period, up to an average of one half hour per regular web page, including updating links and making minor changes to a sentence or paragraph. It does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, major updates, attempted updates by Client repairs or Web Design Projects.

8 Completion Date
Zeumic Pty Ltd and the Client must work together to complete the Web Design Project in a timely manner.  We agree to work expeditiously to complete the Web Design Project. If the Client does not supply Zeumic Pty Ltd with complete text and graphics content for this Web Design Project within 60 days of the effective date of acceptance, the entire deposit amount of the shall be retained by Zeumic Pty Ltd as liquidated damages and the contract shall become null and void, at Zeumic Pty Ltd’s option, unless the Web Design Project is cancelled in writing by the Client prior to 60 days of the effective date of the terms and conditions.

9 Project Delivery
The final website design project will be published to the Client's hosting service (required to be hosted with Zeumic's hosting service) upon receipt of final payment.  The Client understands that Zeumic Pty Ltd’s hosting services require a separate contract.  The Client agrees to utilize Zeumic Pty Ltd’s hosting and domain service with all new and outstanding domains names and hosting requirements where internet orientated work is carried out by Zeumic Pty Ltd.  The Client allows Zeumic Pty Ltd full access to the Client's account via CPanel and FTP. The Client will be solely responsible for any and all hosting service charges.

10 Electronic Commerce Laws
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend Zeumic Pty Ltd and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

11 Web Design Project Copyright
Zeumic Pty Ltd will own copyright to the finished web design site or multimedia works produced by Zeumic Pty Ltd.  The Client will be assigned rights to use the Web Design Project as a website, once final payment under these terms and conditions and any additional charges incurred have been paid.  Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners.  Zeumic Pty Ltd and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.  All web design projects will contain a copyright/legal statement with a link to Zeumic Pty Ltd's Web Site.

12 Payments
Payments must be made promptly based on the terms of this Website Design Project or Multimedia works.  Zeumic Pty Ltd reserves the right to remove any Web Design Project or services from viewing/operation until final payment is made.  In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process.  These terms and conditions are effective upon commencement of work.  Regardless of the location business, the Client agrees that for purposes of venue, these terms and conditions were entered into in Melbourne, Victoria, Australia, and any dispute will be litigated or arbitrated in Melbourne, Victoria, Australia, and the Client hereby consents to the personal jurisdiction of the Victorian State Courts.  Furthermore, the Client waives any right to or claim of sovereign immunity.  All payments will be made in AU Dollars.

13 Payment Schedule
Payment for services provided hereby shall be made in accordance with the conditions contained in this document. Notwithstanding any prices listed in literature or on Web pages, the Client and Zeumic Pty Ltd agree that the services described in these conditions shall be completed for the quoted amount. The Client agrees to pay to Zeumic Pty Ltd an initial, non-refundable deposit of 50% of the estimated total cost or a minimum of $300.00) upon execution of acceptance. Final payment is due prior to publication and/or delivery of the Website Design Project. All amounts must be in AU Dollars.

14 Legal Notice.
Notwithstanding anything to the contrary contained in this contract, neither Zeumic Pty Ltd nor any of its employees or agents, warrant that the functions contained in the Web Design Project will be uninterrupted or error-free.  The entire risk as to the quality and performance of the Web Design Project is with the Client.  In no event will Zeumic Pty Ltd be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, Third Party Software/Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project and multimedia ,failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software, even if Zeumic Pty Ltd has been advised of the possibility of such damages.

15 These Terms and Conditions
These terms and conditions constitute the sole agreement between Zeumic Pty Ltd and the Client regarding this Web Design Project.  Any additional work not specified or any other amendment or modification must be authorized by a written request signed (digital signature, email, or hand) by both Client and Zeumic Pty Ltd.

 
Next >

Zeumic - Australian Made