Our Contracts

Our Contracts

How long will it take to build or renovate my site?

We aim to deliver the services you have requested within the time frames or by the due date that we have promised.

Naturally, if we are waiting on you to give us specific information, those time frames will be affected, and we will need to revise the due date.

If something happens that is beyond our control like a force majeure event, and it is going to delay the time of delivery of the services, we will let you know straight away and tell you our revised due date.

We will provide the services in a professional and competent manner. We will communicate our progress to you regularly.

Upon payment in full for website development we will supply the last backup of the site and associated data and either:

ensure the website is ‘live’ and visible on the internet, looking after your hosting and domain name registration as part of your Ongoing Management;

or

take all reasonable steps to transfer the domain name to your nominated registrar and handover the website data to you to transfer your hosting to another service provider.

Your Responsibilities when renovating a site

You authorise us to access your hosting account, disk space, create databases and applications, submit pages of your website to search engines and all other activities reasonably necessary to complete the the renovation

You are responsible for providing to us all of the content you would like us to upload to your website, unless you have elected content creation as a service.

You will provide all information and materials to us and respond to our requests within 7 days. If we do not hear from you within 7 days, work on your project will be suspended and the due date will be extended.

You will carefully check the website for accuracy in all respects, ranging from spelling and grammar to technical illustrations. We are not liable for errors or omissions.

You will cooperate with us so that we can complete the services in a timely and efficient manner.

You must pay our accounts on time or when requested.

You acknowledge that websites cannot be guaranteed to be 100% error free in construction and you acknowledge that the existence of errors falling short of a complete failure of consideration in the website development shall not constitute a reason to terminate the agreement between you and us.

You indemnify Buildabusinesswebsite.com and all outsourcers employed by BABW in the webbuild against any claims, actions, loss or damage (including legal costs) arising directly or indirectly from any:

  • errors and omissions in content;
  • unauthorised use of copyright works or other intellectual property in relation to your website;
  • failure of software supplied to you;
  • failure of services provided by the registrar;
  • failure of services provided by the hosting provider;
  • provision of services by us to you;
  • loss of website data.

Payment – web build, renovation or management fees:

We will provide you with a written contract here are some of the main points

Unless you have elected our Ongoing Management service, you are solely responsible for the payment of domain registration and hosting set-up and fees.

Ongoing Management fees are payable monthly by direct deposit from your nominated account or by credit card. The monthly management costs are due on the same day each month. You authorise us to deduct the Ongoing Management fee at the agreed payment frequency until this agreement is cancelled.

Please be aware that it is your responsibility to cancel direct debit facilities in respect of your Ongoing Management fees when this agreement expires, is cancelled or terminated.

Once we have commenced work, fees are not refundable simply because you have changed your mind.

If you do change your mind, you will pay us an amount equal to the greater of the deposit, or a reasonable amount for the expenses already incurred and work we have completed at the time you let us know that you don’t want us to proceed. We will tell you what we think is a reasonable fee and aim to reach an agreement with you.

Management – domain names and hosting

All domain name registrations are subject to availability and registration rules. We currently use Crazy Domains, Hostgator, Go Daddy, Digital Webber and Fast Comet Pty Ltd (registrars) we are also looking to host with to manage domain names or hosting on behalf of our clients.

If you have elected Ongoing Management services:

  • you are bound by the registrar’s “Domain name registration terms” which are found on their websites.
  • you agree to be bound by our hosting terms of service;
  • we will manage the hosting, domain name and payment of applicable fees on your behalf. You authorise us to debit those fees from your account in your next monthly direct debit after they have been incurred.

If you do not choose our Ongoing Management services you are responsible for:

  • all communications and support requests with your registrar and hosting provider;
  • management of your domain name and payment of registration renewal fees; and
  • payment of hosting fees.

You may bring an end to our Ongoing Management services by providing us with at least 30 days notice of termination. The balance of any monthly fees already paid will not be refunded. You will be responsible for nominating a hosting service and registrar for the transfer of your domain name and redirection of website data. Fees will continue to be charged to your account until you have provided us with the details necessary to effect transfer.

Open source software

We use a lot of open source software and components to supply websites and services to clients. We do not charge additional licensing fees on open source software.

All software and components not developed by us retain the original licence and terms associated with that software. We cannot assign any rights to you and you agree to be bound by the original developer’s licence terms.

Intellectual property – trade mark, copyright etc

You warrant that you have all necessary copyright and other permissions to use and display online the content you provide to us for the website, and that such content does not infringe upon the intellectual property rights of any other person. You agree to indemnify us from any liability (including legal fees and costs), threatened or actual, arising from the use of information and content provided by you.

You are responsible for managing any intellectual property complaint made in regard to any of the content or operation of your website.

We reserve the right not to publish content unless you are able to provide adequate proof of permission to use that material.

You consent to our creation of a credit and link in the footer of your website and agree to retain that link. You agree the credit and link will be removed in the event that you make, or authorize any other person to make substantial changes to your website.

You consent to our use of your website, associated graphics and any unused ideas and development in the promotion of our services.

Third party services

The services we provide rely upon the continued operation of online facilities that we use. We will not be liable for any third party failures affecting the provision of our services.

If you enter into an agreement with a third party as a result of our recommendation it is still your responsibility to understand and negotiate your own terms of agreement with them.

We make no guarantees about any improvement you may gain as a result of our services or any increase in business that may be generated for you through our services.

Confidentiality

Some of the information that you provide to us will be information that is clearly important and confidential to your business. We will only use that information to provide services to you and will not share it. Other information you provide will be for publication as part of the service we provide to you, and that information will not be kept confidential. Our contracts and business methods are confidential to our business, and we request that you keep them confidential.

Privacy

Any personal information collected by us in the course of providing services will only be used to provide services to you and for no other purpose. If you provide us with a testimonial or referral, your name, job title and business may be published.

We will work with you in ensuring our commitment to you and your commitment to us is a workable document which achieves the best results and a website which will serve you for years to come.

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