QuikDesign Terms of Service

1. DEFINITION OF TERMS

QuikDesign - ABN 52 414 244 211, PO Box 736, Kiama NSW 2533.
The Client - the entity which agrees to a quote with QuikDesign
Domain Name - the root address of a web site, e.g.  www.webaddress.com.au. All such names must be registered with the appropriate naming authority, which will usually charge a fee.
Downtime - time when the web site is not accessible via the Internet.  This may be because of a technical failure of the Host or because work is being carried out on the site.
Host - the company on whose system the web site physically resides.
Link, Hyperlink - a 'clickable' link embedded on a web page which may take the form of a graphic or text.
Search Engine - a web site which contains a directory of web sites on the Internet enabling users to find web sites by subject matter classification.
Web Site - a collection of web pages and associated code which forms an integrated presence.
The Work - the subject matter of the quote between the Client and QuikDesign.

2. FEES

2.1 Fees Payable
A non refundable payment must be paid once the quote is approved for the registration and set up of the hosting and domain name package. A halfway payment, consisting of half the amount due for the web design is payable once half the Work is completed. The remaining balance is due when the Work is completed to the reasonable satisfaction of the Client but subject to the terms of Clause 4.3 Approval of Work and Clause 4.4 Rejected Work hereof. QuikDesign reserves the right not to begin the Work until the said deposit has been paid in full.

2.2 Maintenance Fees
Maintenance, if included in the quote, shall be on an hourly basis, with a minimum of $70 payable in any month where updating is necessary. Fees will be assessed on an hourly basis at $70 per hour or part thereof. No fee will be required in a month where no updating is necessary.

3. DISCLAIMERS

 3.1 Maintenance and Correction of Errors
QuikDesign takes no responsibility for the functionality or maintenance of the web site after the Work has been completed.  Errors (both technical and typographical) attributable to QuikDesign will be corrected free of charge, but QuikDesign reserves the right to charge a reasonable fee for correction of errors for which QuikDesign is not responsible, including, but not limited to malicious modification of the web site by a third party and typographical errors contained in materials provided to QuikDesign by the Client.

3.2 Search Engine Listings
QuikDesign does not guarantee listings on Search Engines and the Client accepts that it is Search Engines and not QuikDesign who determine whom they list and whom they will not. The Client further understands there is no guaranteed placement or rank on the Search Engines and that a new web site may never even appear on Search Engines at all. QuikDesign does not control Search Engines’ algorithms and huge shifts can appear daily, weekly and even hourly.

4. COMPLETION OF WORK AND PAYMENT
 
4.1 Completion of Work
QuikDesign warrants completing the Work in accordance with its Standard Terms and Conditions to the specifications previously agreed with the Client.  QuikDesign will not charge more than the amount previously agreed unless the Client has varied the specifications of the Work since the agreement.  QuikDesign will not undertake changes to the specifications of the Work which would increase the cost, without prior written authorisation from the Client.
 
4.2 Supply of Materials
The Client is to supply all materials and information required for QuikDesign to complete the Work in accordance with the agreed specification.  Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials.  Where the Client's failure to supply such materials leads to a delay in completion of the work, QuikDesign has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount.  Where the Client's failure to supply materials prevents progress on the Work for more than 21 days, QuikDesign has the right to invoice the Client for any part or parts of the Work already completed.
 
4.3 Approval of Work
On completion of the Work, the Client will be notified and have the opportunity to review it.  The Client should notify QuikDesign, in writing, of any unsatisfactory points within 7 days of receipt of such notification.  Any of the Work which has not been reported in writing to QuikDesign as unsatisfactory within the 7 day review period will be deemed to have been approved.  Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and the balancing payment under Clause 2.1 Fee Payable will become due. The Contract will remain in effect until all obligations have been completed in terms of this Clause.
 
4.4 Rejected Work
If the Client rejects the Work within the 7 day review period, or will not approve subsequent Work performed by QuikDesign to remedy any points reported by the Client as unsatisfactory, and QuikDesign considers that the Client is unreasonable in their repeated rejection of the Work, the contract will be deemed to have expired and QuikDesign can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment.
 
4.5 Payment
Upon completion of 7 day review period, QuikDesign will invoice the Client for the balancing payment in accordance with Clause 2.1 Fee Payable hereof, which, in the absence of agreement to the contrary, is to be paid by the Client within 21 days of the date that the invoice was issued.
 
4.6 Remedies for Overdue Payment
If payment has not been received by the due date, QuikDesign has the right to suspend ongoing work for Client, until such time that full payment of the outstanding balance has been received.  If full payment has still not been received 21 days after the due date, QuikDesign has the right to replace, modify or remove the Web Site and revoke the Client's licence of the Work until full payment has been received.  By revoking the Client's licence of the Work or removing the web site from the Internet, QuikDesign does not remove the Client's obligation to pay any outstanding monies owing.

4.7 Refund Policy
Once a domain name registration has been completed, no refund is available for any reason. Once a SSL certificate is issued, no refund is available for any reason. Once QuikDesign submit a domain name or SSL certificate for approval, the supplier, Enetica Pty Ltd, is in control of the payment, and if accepted and the domain name approved, payment will be charged. URL Forwarding, DNS Hosting, Email Forwarding and web hosting is refundable in full if notice is made in writing within 30 days of set up.

 
5.  INTELLECTUAL PROPERTY
 
5.1 Offers and Proposals
Offers and proposals made by QuikDesign to potential clients should be treated as trade secrets and remain the property of QuikDesign.  Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorisation from QuikDesign.  This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.
 
5.2 Warranty by Client as to Ownership of Intellectual Property Rights
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to QuikDesign for inclusion on the Web Site.  The conclusion of a contract between QuikDesign and the Client shall be regarded as a guarantee by the Client to QuikDesign that all such permissions and authorities have been obtained and that the inclusion of such material on the Web Site would not constitute a criminal offence or civil delict.  By agreeing to these terms and conditions, the Client removes the legal responsibility of QuikDesign and indemnifies the same from any claims or legal actions however related to the content of the Client's site.
 
5.3 Domain Name
Any Domain Name obtained will belong to the Client.  The Client agrees to indemnify QuikDesign, including any incidental costs, against any claims that a Domain Name applied for, or obtained, violates the intellectual property rights of a third party.  The Client warrants that the domain name sought is not a trademark of a third party.
 
5.4 Licensing
Once QuikDesign has received full payment of all outstanding invoices and the Work has been approved by the Client in accordance with Clause 4.3 hereof, the Client will be granted a licence to use the Web Site and its contents. QuikDesign assumes all content supplied by the client is free of copyright, and QuikDesign takes no responsibility whatsoever for using copyrighted material on the site that has been supplied by the client.

7.  INTERPRETATION

7.1 Change of Terms and Conditions
These terms & conditions may change from time to time.  The Client will be informed of revisions as and when they are issued.

8.  ACCEPTABLE USE OF SERVICES
 
8.1 Acceptance
Access to QuikDesign’s domain name and hosting services are bound by Enetica’s acceptable use policy. If you do not accept this policy, you may not use Enetica’s services. The AUP can be found at: http://www.enetica.com.au/default.cgi?action=aup.