Terms & Conditions of Sale

The terms and conditions herein, refer to all services, including developing the website and other related services rendered by Flapway Technologies, hereafter “Developer”, to Flapway Technologies (ABN: 37 225 992 054), hereafter “Client”, in conjunction with any relevant quotation and services provided. Acceptance of a quote shall be considered acknowledgement of the Terms.

FINANCIAL ARRANGEMENTS

1. Services by Developer include the website designing and development at pre-negotiated rates.
2. Any additional work that may arise and become necessary for the completion of work, or if there is any change in nature of work, shall be charged independently of the initial task agreed. The amount for this additional work shall be added to the final balance.
3. Regardless of the stage of the project, balances become due for payment, after 25 days of deposit or upon completion of the project, whichever is earlier. The balances shall be automatically processed if the payment is agreed to be paid by credit card or any other mode as agreed upon.
4. $140 shall be charged as resumption fees, if the completed design brief is not made available to Developer, within 60 days of the receipt of deposit.
5. For professional service package, it becomes mandatory on the part of buyer to make 50 % payment as deposit.
6. Website design and the associated files become the property of the Client, only after the balances have been settled in full and the website has been launched.
7. Upon the receipt of design brief, Developer becomes eligible for payment on project.
8. Before initiation of the professional service packages, the full payment must be done. Payment mode must be either credit card or Electronic Funds Transfer (EFT).
9. If the payment is to be made by EFT, 100% advance payment needs to be made by you as a customer.
10. Developer is not liable to provide ‘login’ access, till the payment is not received in full.
11. Prices of services/accounts are subject to change at the developer’s will during the course of the project, with prepayment clause being mandate.
12. $140 shall be the re-instating fees for the terminated account.
13. Payment must be done in full for any additional work such as graphics design, WordPress plug-ins and any additional requirements prior to the starting of your work.
14. The emails and website of the buyer may get deferred for non-payment of agreed price.
15. Email shall be the mode of invoices and receipts transfers.
16. The duration of ‘Hosting & Support Package’ is 12months and its cancellation is open at all times with ‘no penalty’ clause.
17. A new website project is required to pay monthly ‘Hosting & Support Package’ fee which will be invoiced annually. For maintaining the account and the associated transactions, monthly fees of $1.95 (inclusive of GST) shall be charged for new customers, who opt in the ‘Hosting & Support Package’.

CANCELLATION & REFUNDS

1. The balances paid for work are non-refundable.
2. The Client shall be given all opportunity to review the design and other related content of the website. Completion of the work shall be thorough after the mutual consent of both the parties.
3. Client is responsible to provide the website content via CMS or email. Any delay in project because of non-availability of the content to Developer shall be sole responsibility of client.
4. No payment shall be refunded for 12 months ‘Hosting & Support Package’ which you are paying at initial set up of your website project.
5. Cancellation of any service by the developer, has to be notified by Client in writing via email.
6. In case of account getting cancelled, the balances become due, irrespective of the phase of the job.
7. In the event of cancellation or transfer of account, emails shall not be received/sent by the Client, if hosted by the developer. Also, the website won’t be visible. Since the ownership rights of website files are transferred to Client, Client shall be free to host them somewhere else.
8. A debt collection agency shall recover any dues with expenses for the developer.
9. No refund shall become due for any disruptions due to software malfunction at the Client’s end.

GENERAL

1. Prior to the development phase of the projects that include page content upload, the Client must provide all requisite data and other details in one batch. After the development starts, no more addition or modification to the data shall be permissible. Content brief shall be supplied to the Client and the Developer shall not be responsible for the proofreading, unless specified. Any additional content, after the website has been made functional, shall be done by the Client via CMS. If done by the Developer, it shall be chargeable at hourly rate of $75.
2. Efforts shall be made to complete the project in stipulated time, but the responsibility of any kind of delay won’t fall upon the developer.
3. Only account holder reserves the right to access individual accounts.
4. No spell check or content addition shall be permissible at the proofing stage.
5. In case of inapt usage of account by the Client, Developer empowered herein to withdraw the Client’s access at any phase of the project.
6. A link to Flapway Technologies shall be allowed to appear at the bottom of the Client’s website. A sample for this link could be ‘Powered by Flapway Technologies’.
7. Latest install version of WordPress shall be used to build the website.
8. The Developer can refuse to store any information provided by the Client, which it deems is, including but not limited to, unlawful or inappropriate, contains a virus or hostile program, constitutes harassment, racism, violence, obscenity, harmful intent, spamming, contains adult content, commits a criminal offence, infringes privacy or copyright or any other questionable media at Developers own discretion.
9. Interactions between the Client and its customers shall not be controlled by the developer.
10. ‘Top Level’ admin access to any WordPress site is never handed over to the Client. An acknowledgment by the Client is necessary in the form of reply to disclaimer email from the support team, if such access is required. Any requests to rectify errors arising after such access, shall be considered as troubleshooting service and be charged at $120+GST. No support shall be provided for changes made to the subject matter after such an access.
11. In the interest of maintaining certain critical features of the website, Cpanel/FTP/WordPress Super Admin access cannot be handed over to the customers. This shall avoid certain errors like:

• Accidental resetting of mismanaged themes and other PHP errors.
• Installation of certain inessential plugins which may result in excessive usage of allocated disk space.
• Addition or introduction of conflicting plugins.
• Handing over of certain plugins and other details to third party-companies, which may result in installation of malicious software.
• Removal of core plugins, required to make the website run and premium plugins, not available through the WP.org plugins repo.

WEBSITE DESIGN

1. Developer has many variations of website design packages. The Client will be given an option to choose from based on their requirements.
2. Once the website design has been approved, the changes won’t be permissible. If required, these changes shall be chargeable by the Developer.
3. Unless the payment has been received for services like copy, editing, or updating of the website, the Developer won’t be liable to perform these services after completion of the project.
4. Once the website design has been finally approved, the clients owns the website and design.
5. No additional content shall be placed by the Developer if it has not been agreed in writing.
6. Delivery of all the websites shall be with the ‘home’ and contact page content upload, if the websites, are delivered within 4 days of order or completion of website (whichever is sooner).
7. Although data, text and other images can be procured from the Developer at $75+GST per hour and the cost of images or graphics. It remains the responsibility of the Client to provide them. These content files are necessary to build the website.
8. Additional fee shall be applicable on content upload on website.
9. If ‘logo design’ is a part of the package, the standard practice adopted by the Developer is to complete this logo design before starting the website design.
10. Only after the payment and payment form for the ‘Hosting & Support Package’ has been acknowledged in full, the website shall be made live.
11. To make the website functional on mobile devices, it becomes necessary to make some design changes in the module. All these changes shall be chargeable according to mutually accepted terms.
12. The payment form for ‘Hosting & Support Package’ has to be completed before making the website live and functional. The ecommerce websites shall be suspended by the Developer, if the monthly/annual fees is not received in full and in due time.
13. Any customisations in ecommerce configurations and other layouts, required for operating the website in its entire functionality, shall be chargeable to the Client. If the standard configurations are acceptable to the Client, no additional charges shall be levied.

WEBSITE PLUGINS

1. The Developer has to make sure that all the required plugins have been installed properly and they function in accordance with the purpose of the website. The plugins that have been purchased for various purposes shall be installed only at the basic level.
2. Latest versions of plugin shall be used by the Developer for the website designing. Any customisation and plugin updates shall be chargeable at $75+GSTper hour and any other related services with same.
3. It is not expected out of the Developer to have familiarity with the functionality of all the WordPress plugins. Research for any additional plugin support to ensure the required functionality shall be Client’s responsibility. The support team of the plugin Developer shall remain in contact with the Developer for the purpose.
4. Any customization of existing plugin beyond the basic set-up shall be chargeable.
5. Freely available plugins or purchased plugins shall be provided by the Client to be installed by the Developer if Client requires any. A standard development fee of $75+GST shall be applicable for the installation, activation and testing of the plugin.
6. For most of the plugins to remain fully functional on the website, an annual renewal fee will have to be paid by the Client.
7. Any ancillary services for the plugins to function, provided by the Developer, in case of Client’s unwillingness to pay for the support, shall be charged by at least1-hour blocks.

COMPROMISED OR HACKED WEBSITES

1. All the websites are prone to cyber-attack. The Developer does not promise the eventuality of such event.
2. A reinstated website is also prone to the similar malicious activities.
3. In any case as has been mentioned in clause 1 of this section, the Developer shall charge a reinstating fee of $85+GST and shall try to use any backup version for this, if available.
4. A minimum discount of $699+GST shall be available to existing clients if they wish to utilize a new server platform for the website, with a mandatory condition of the $1499+GST being the value of new website.
5. In case of hacking activity on the reinstated website, suspension of the site may get indispensable to avoid any damage to other websites on the same server.
6. High level investigation of a repeated hack involving file cleanout, reinstallation of damaged plugins and complete performance update by the Developer shall be chargeable at $199+GST and shall take at least 5-10 business days.

HOSTING ENVIRONMENT

1. 1GB of storage space is allocated to information-based websites. Rate of ‘Hosting & Support Package’ starts from $25/month. Extra disk space shall be charged additionally.
2. 2GB of storage space is allocated to Ecommerce, Directory, Multi-vendor websites or websites rich in resource content. Rate of ‘Hosting & Support Package’ starts from $49/month. Extra disk space shall be charged additionally.
3. In any circumstance of requirement of additional storage space or resources, additional charges shall apply.
4. For every additional 512MB, the price of ‘Hosting & Support Package’ shall be raised by $10/month.
5. To accommodate additional 200% CPU Allowance, 4GB Memory Allowance, 4GB storage, the price of ‘Hosting & Support Package’ shall be raised by $25/month.
6. To accommodate additional 300% CPU Allowance, 6GB Memory Allowance, 20GB storage, the price of ‘Hosting & Support Package’ shall be raised by $49/month.
7. Quote for all additional resources shall be raised as per requirements.

HOSTING & SUPPORT PACKAGE

1. Developer shall host the website, unless otherwise agreed.
2. All efforts shall be made by the Developer of informing the Client of any updates or maintenance that may be related to hosting interruptions or downtime, without any explicit guarantee of the same.
3. If the Client wishes to utilise alternative hosting, it needs to affirm such facilitating is appropriate for the site designed by the Developer.
4. After the balances have been settled and paid in full by the Client, the Developer shall send the set of data necessary for upload and installation, where the hosting is being done by any third party.
5. Any support rendered by the Developer, if the hosting is done by third party, shall be charged on per service basis.
6. Developer will not be responsible for the installation of website on third party hosting.
7. The annual payment cycle begins on the day, the Developer begins developing the website as per the terms of ‘Hosting & Support Package’ and monthly direct debit is arranged on the same day.
8. To understand the conditions related to support of website plugins, please refer to section ‘WEBSITE PLUGINS’.
9. The ‘Hosting & Support Package’ applies to a site in its production or development stage. Website being launched in timely manner is responsibility of the Client. If the site is in its development domain, direct charge shall apply.
10. The Developer provides a dedicated help desk to its customers. All inquiries or questions ought to be coordinated through the Developer’s support desk and via email. Comprehensive help in the form of manuals, videos and tutorials is available for the Client. In most cases, answers to the queries can be found in the help section of the support desk website. It is advised here that before raising any query with the help desk, answers should be sought out of this section. If the customer is unable to get his query resolved out of the information contained in this section, query can be raised which shall be answered only during typical business hours AEST.
11. Fees and charges debited for ‘Hosting & Support Package’ are non-refundable.
12. If the payments have been agreed to be paid through credit card, the annual renewal payment shall be automatically debited on the card on the anniversary date of the package. In case of EFT or cheque payments, the Client should ensure the payment in timely manner to avoid the suspension of the account.
13. Hereby, the Client understands and acknowledges that the Developer is not bound to provide support outside the terms of the agreed package.
14. Per month, 10 hours of ‘fair use’ support hours shall be provided. This time shall be for all supplementary services necessary for the completion of the work. Support provided for time beyond this shall be recorded and charged at the current rate of $75+GST per hour.
15. In case of any errors or omissions caused due to access through ‘Cpanel’ or ‘FTP’ or ‘WordPress Login Portal’ by the Client, the reinstating of the website to original state shall be possible (if possible at all) only after mutually agreed quote between the parties.
16. In exceptional cases, access to the basic or non-technical CMS support through ‘Cpanel’ or ‘FTP’, for the website can be provided to the Client and the Client must sign a waiver for this to happen.

HOSTING & SUPPORT PACKAGE MINOR CONTENT UPDATES

1. The Developer keeps the site secure, updates and maintains information and provides all hosting solutions. Minor content changes are also done by the Developer.
2. Additional content comprising of multiple products (for ecommerce), complex tables, links, layouts, and other frequent updates as required by the Client shall be chargeable. The rates for these shall be mutually agreed upon.
3. Following content updates are considered as minor.
   • Modification of text content once a month.
   • Addition of up to 4-6 images, once a month.
   • Updating of website content, once a month.
4. If there are any requests for content updates by the Client, a turnaround period of 24 to 48 hours shall apply for any action from the Developer. No request shall be entertained for content management at requested dates and time. This can be done via CMS on client-basis.
5. All the correspondence related to the support should take place between 9am-5pm, AEST, from Monday to Friday.

DOMAIN REGISTRATION

1. Availability of the requested domain name cannot be guaranteed.
2. In case of non-availability of ABN or ACN, registration of domain name can be done by the Developer on the Client’s behalf. The Developer shall transfer the domain name to the entity provided by the Client, once the Client has its own ABN or ACN.
3. In case of free domain name being a part of the website package, registration of a 2 year Australian ‘.com.au’ domain name or a 1 year ‘.com’ domain name, shall need the ABN or ACN.
4. The Developer shall purchase Australian ‘.com.au’ domain names for a minimum period of 2 years.
5. Ownership of the domain name remains with the entity (ABN or CAN), if it is registered by the Developer.

WEBSITE TRANSFER

1. The Developer shall not allow the transfer of websites on its server to any other server other than by agreement and on the condition of full payment being made.
2. If the Client wishes to transfer the website to some third-party server, such request must be made in writing. Any anomalies and errors in website hosting by the third party shall not be the responsibility of the Developer. If the transfer is done before the expiry of the calendar month, the remaining hosting time shall be chargeable to the Client.
3. The account termination shall not be completed by the Developer unless it has received confirmation from the Client. The Client will have to confirm that the account is not needed anymore. Once the transfer is complete and successful and the confirmation has been done by the Client, the billing or the invoicing stops.
4. After the balances have been settled between the parties, the Developer shall send the set of data necessary for upload and installation, where the hosting is being transferred to any third party. The Developer has all rights to refuse such assistance.
5. The Developer will not be held accountable for any disruption that happens during the transfer.
6. Only upon agreement, the Developer may lend support for websites that they do no host.
7. A one-time transfer fee of $140+GST and annual ‘Hosting & Support Package’ fee of $299+GST, shall be applicable in case of transfer of any website built on WordPress, but without the purchase being made of the website design package.
8. The Client should take a backup of all the emails to avoid any loss of data in the process of transfer. Since the transfer of emails is not possible from the existing platform, it becomes essential to take a backup copy of the same and get them uploaded after the website becomes live.
9. Any loss of emails during the transfer process shall not be the responsibility of the Developer. To avoid such a situation, it is advised to have alternate email addresses like Hotmail, Gmail, Outlook and any other such domains.

DISCLAIMER

1. The Developer shall not be liable under or in connection with these terms or any collateral contract for any: (a) loss of revenue; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or reputation; (g) loss of, damage to or corruption of data; (h) any indirect or consequential loss; (i) loss or damage caused by any inaccuracy, omission, delay or error, whether as a result of negligence or other cause in the production of the website; or (j) loss or damage to the Client’s artwork/photos supplied for the website, whether as a result of negligence or otherwise.
2. The Client agrees Developer is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure or hardware failure. Developer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
3. Compatibility of the services provided by the Developer with the customer’s equipment is not guaranteed or assured.

TRADEMARKS & COPYRIGHTS

1. Design of the website cannot be resold or reproduced to any other third party by the Client because the design is under copyright and license from the Developer for use by the Client only.
2. The Client reserves the right to use any applicable trademarks on the website.

LAWFUL PURPOSE

The server of Flapway Technologies shall only be used for lawful purpose. Any transmission of material in violation of any federal, state or local regulation is non-permissible.

ACCEPTABLE USE POLICY

Web design services offered by the Developer are subject to acceptable use policy and is for the majority of its customers. The aspects of acceptable use policy are as follows;

• Usually not more than 4 revisions are required, the Developer offers 8 revisions as acceptable use.
• There is no limit on the number of pages prescribed as acceptable use. The Client create as many pages as they can manage.
• For Pro, Pro Plus, Platinum and eCommerce websites, 5 email accounts per domain and 15 alias addresses (i.e. email addresses that forward to others), fall under acceptable use policy. For all other packages, this limit is up to 3 email accounts.
• Storage space of 1GB and bandwidth of 5GB are considered as acceptable use. These are 20 times and 40 times, respectively, the average client’s use. Any additional space needs to be purchased if need arises.
• Email is the medium of support provided by the Developer. Only Pro, Pro Plus, Platinum and eCommerce packages, get the facility of telephonic support. This support is provided on the request sent to support staff via email and specific time is allotted to attend to this request.

LIMITED LIABILITY

 

1. The Developer doesn’t warrant that the service won’t be hindered or blunder free; nor makes any guarantee with regards to the outcomes that might be gotten from the utilization of the website or with regards to the precision, quality or accuracy of any data, through the Flapway Technologies servers, except if in any case explicitly expressed in this Agreement.
2. By no means, including negligence, will the Developer, its officials, operators or any other person engaged with making, delivering or disseminating the website be held responsible for any harms that result from the use or inability to use the website or that results from omissions, delays and errors, whether or not limited to communication failure, theft or unauthorized access to the Developer’s records, programs or services.
3. Regardless of all the clauses above, the total liability of the Developer in case of any loss the Client, and recoverable from the Developer as per the terms and conditions contained herein, shall never exceed the sum of the contract fee and any reasonable attorney’s fee and court costs.

GOVERNINGLAWS
This agreement shall be governed in all respects by the laws of New South Wales Australia. The parties conclusively agree to abide by the decree of the courts of New South Wales Australia.

SEVERABILITY

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.

CONTRACT REVISIONS

As per the provisions of the section 1 of this agreement, any revisions to the terms of the agreement shall be in conjunction with the quotes included in the design package mutually agreed upon.

The ‘Financial Arrangements’ section of this agreement contains all the conditions related to these revisions.

Both the parties of this agreement have to mutually agree to the changes proposed at the time of renewal of services.