Terms & Conditions of utink web design

The payment of a deposit and/or the use or continued use of utink web design services signifies acceptance of these terms and conditions.

1. Delivery of Service:

utink web design is agreeing to complete the work as described in any Ballpark quote and/or Scope of Work and/or Technical Addendum and/or Ad hoc quote that may be provided to you. Please refer to those documents to understand the product you are purchasing and to ensure that it suits your needs. You should also refer to the templates that utink web design has provided to you of other sites that utink web design has displayed which fall within your budget level so that you fully understand the product that you will be receiving. It is your responsibility to ensure you are aware of and are familiar with the full specifications and functionality of the product that you are purchasing and accordingly you are responsible for ensuring that you obtain from utink web design any of the above referred to documents that are necessary for you to understand these matters.

You must understand the functionality of the product that you are purchasing as changes to the standard functionality may incur additional costs.

2. Client Responsibilities and Obligations:

You must follow all instructions provided by utink web design and provide to utink web design, in a timely manner, all information and materials requested by utink web design.
All content must be provided in the format specified by utink web design.  Please note that excessive instructions, or links to content on other third party sites for retrieval will not be accepted.

The instructions provided by utink web design as to information and materials that you are to supply are designed to ensure your site is completed on time and within the specifications agreed upon.  Noncompliance with these instructions will cause delays in delivery of your product and may result in you incurring additional costs.
There will come a time when utink web design may request domain name and web hosting information from you. If you don't have either a domain name or web hosting service in place utink web design will supply them to you at the relevant fees charged by the providers.  You authorise utink web design to undertake these steps.  Such activities may cause disruptions to your existing website, email and other services.  If you have any special instructions or requirements regarding this, please advise utink web design immediately.

utink web design will request feedback and changes at certain stages of undertaking the process of building your site.  These changes must be provided in the format required by utink web design and sent to utink web design in only one email.  Sending excessive or multiple emails may cause detail to be missed and may result in you incurring additional charges.

Once your site is handed over to you, any further work or changes will result in you incurring additional costs.  It is your responsibility to check that the site is to your satisfaction prior to handover.  Once the site is made live, you must check any functionality (e.g. checkout and payment processes) to ensure your site visitors experience the site the way you intend.

3. Project Non Completion:

You acknowledge that, in the event that utink web design cannot complete the development of your site due to difficulties in executing the proposed services (which may be due to either project issues or client difficulties) then utink web design may, by written notice to you, terminate its agreement with you, at which time utink web design shall, at their sole discretion, either refund to you any monies paid by you or shall provide to you any work completed by utink web design and paid for by you.

4. Intellectual Property Rights:

You warrant to utink web design that any and all information and material provided to utink web design by you or by any one on your behalf does not infringe the copyright or other intellectual property rights of any third party and you indemnify utink web design against any action taken against utink services by any such third party.

You accept responsibility for all information and material provided to utink web design or uploaded to your site by utink web design or yourself, and you indemnify utink web design against any liability in relation thereto.  Specifically, you undertake that you will not publish, distribute or issue any information that is illegal or offensive, including copyrighted materials.  

utink web design reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

All intellectual property rights (including rights in relation to patents, trademarks, moral rights, service marks, rights in design, database rights, application for any of these rights, copyright, trade or business names or other similar rights or obligations whether they are able to be registered or not in any country) in respect of any proprietary software owned or used by utink web design in the creation of your site or which are created (either now or in the future) by utink web design, or which result from the engagement of utink web design to create your site shall remain the property of utink web design.  This includes specifically all copyright in any design, code or document created or any discoveries made in the course of the creation of your site, which shall, upon creation, vest in and be the exclusive right and property of utink web design.  Upon payment in full of all monies owing to utink web design, you shall be granted a license to use all such intellectual property however you acknowledge that the license does not constitute an assignment of any such intellectual property rights in any proprietary software either owned or used by utink web design.

5. Project Timelines:

utink web design estimates that your site can be created in under 28 days, unless otherwise specified prior to commencing the project.

The above time frame is an estimation only and projects can be delayed by a number of factors including (but not limited to) noncompliance by you with the instructions to or requests from utink web design, incorrect content being supplied to utink web design and utink web design being unable to contact you for prolonged periods of time.  You must ensure that utink web design have accurate contact details of you.

You must make every effort to follow the instructions provided by utink web design and provide the required information to utink web design in order to facilitate delivery times and correct specifications.

Delays in providing the required information to utink web design may result in delays in product delivery and also may result in you incurring additional charges for administration time.

utink web design will make all reasonable efforts to provide the product by the estimated date but do not accept liability for any costs incurred, loss or damage (including consequential loss or damage) compensation or loss of earnings due to any failure to meet agreed deadlines.

In order to enable utink web design to complete your project within a reasonable time frame, utink web design may move your site to the next stage of development in circumstances where:

utink web design, in its sole discretion, reserves the right to develop your site without first receiving your progress payment in the event that utink web design does not receive your content within 14 days of having requested it.
In the event that utink web design does not receive any final changes to be made to the site from you within 14 days of having requested such details from you, then utink web design reserves the right to hand over your site to you, at which time your final payment will become immediately due and payable.

6. Content, Design and Package Restrictions:

Each package or product has certain design and functionality restrictions.  It is your responsibility to understand these restrictions prior to commencing any project.  You should discuss any queries you may have with your consultant and also refer to the templates utink web design has provided to you which fall within your budget range, and refer to any documentation that utink web design has provided to you.

During various stages of the design process utink web design will request from you certain information and content.  You should ensure that the information and content that you provide to utink web design is correct and is your final version.  utink web design cannot accept any revised content once you have submitted your content.  Any revisions to content may result in you incurring additional costs.

Where “pages” of content are specified, a “Page” consists of up to 1 A4 page of text and up to 5 images. If you require more content than this on any one page, you should advise utink web design accordingly so that utink web design can provide you with a quote for the extra content.

Where a gallery of images is used, up to 20 images can be entered by utink web design for you.  Additional images may incur additional costs.   You should note that a gallery counts as 1 page.

When utink web design provide you with design layouts for approval, these design layouts represent the suggested design for the home page of the site.  You must understand that the inner pages of the site will follow a simpler design as there is more information to be presented.  You should ensure that you ask your consultant for more information if you are unclear on this.

utink web design uses the content in the form that is provided to utink web design by you and does not conduct spelling or grammar checks.  utink services will not write your content for you unless you have requested that this be provided as a separate service which will incur additional costs.   You are solely responsible for the content of the site and accordingly utink web design will treat the submitted content as the final version of that content.  If you find you have errors in your submitted content, you must submit the corrected content prior to the final handover date and will not incur additional costs.

utink web design include a set number of rounds of changes during its site production process. The standard number of rounds of changes is 3.   Any extra changes required by you may incur additional costs and such extra changes can be purchased during the sales process.  utink web design accepts no responsibility for ensuring that such changes are error free.

Changes must be submitted in one email and one email of changes (within the scope of the project) is considered one round of changes.  In the event that utink web design makes any mistakes or omissions in implementing the changes that you have requested, utink web design will rectify this at its own expense.

Please ensure that you limit your changes to comply with the agreed specifications.  Failure to do this may result in you incurring additional costs.

utink web design may include a link to its own website at the footer of your site and, where such link is so included, you must not take any steps to remove this link.  utink web design reserves the right to change any such links from time to time.

7. Testing:

utink web design will conduct some function testing of the web site but ultimately you are expected to test fully any application or programming relating to the site developed by utink web design for you before making such site generally available for use.  Where “bugs”, errors or other issues are found after the site is live, utink web design shall endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in these terms and conditions. If utink web design agrees the "bugs" are genuine then it will be a free service provided by utink web design for up to 7 working days or until you are completely satisfied the issues have been resolved whichever occurs first.

8. Fees and Payment Terms:

The total cost of your project and any fees are set out in the quote provided to you by utink web design, the scope of work and any ad hoc quotes that may be provided to you by utink web design from time to time. Details regarding costs can also be obtained from your sales consultant by request.  You must ensure that you are aware of any costs and ongoing fees before you elect to proceed.

Any monthly fees attached to your project must be paid in full in order to ensure your service continuity. Your site may be suspended or discontinued if your fees fall overdue outside of utink web design payment terms.

Your initial website consultations are included in your quoted project cost and form part of your deposit. If you do not decide to proceed with utink web design, you will not be liable for this cost.

utink web design’ standard payment terms for any project are as follows:–

utink web design requires final payment and direct debit forms to be provided in respect of any ongoing fees and such forms are to be returned to utink web design before your site goes live. Your final balance payment and direct debit form must be returned to utink web design upon completion of your site (before going live) or within 56 days from the date that your initial deposit was made – whichever occurs first.

Monthly fees are to be paid by way of monthly direct debit.  Your monthly fees will start on the day which is 56 days after the date on which you have paid the upfront deposit.

Any extras requested during the process shall be added to the total project costs and will be payable at the stages outlined above.  Please note that extras outside your package specifications will incur additional charges which utink web design will inform you of before proceeding.

If you require utink web design to make changes to your site after your site is handed over to you, you will be required to pay for this work at the hourly rate or in accordance with utink web design’ standard prices as quoted.  All work must be paid for upfront and will be quoted for on request.

If utink web design has difficulties contacting you for prolonged periods of time or does not receive required feedback of information from you, you may incur additional charges and delays in delivery of your project.  If you are un-contactable for more than 14 days, utink web design may suspend your project indefinitely or end your project without further notice to you.  If your project is suspended or ended, then your final payment will be due and payable immediately to utink web design. To resume your project you will need to pay a $50 re-instatement fee and the decision regarding whether the project will be resumed shall rest solely with utink web design.

You can apply to utink web design to have your project put on hold if your circumstances change, in which case you may be required to make the next payment due and then the project will be placed on hold for a period determined by utink web design.  Applications will be assessed on individual merits and if approved will be for a finite period determined by utink web design.  You will not be charged any additional costs to resume your project in these circumstances.

Please note that paying the deposit on any project shall signify your agreement and commitment to complete the project with utink web design and your agreement to make full payment to utink web design.  Payment in full of the total project costs will be required in the event that you do not wish to proceed with your project after such time as you have paid your deposit and you are outside the refund period.

You shall remain liable for all fees incurred by utink web design during any period when your site has been suspended or discontinued due to your failure to comply with these terms and conditions.  In addition, you must pay all costs in full without any offset, counter claim or deduction unless first agreed to in writing by utink web design.

Please note that interest at the rate of 11% of your site build contract shall be charged on any amounts outstanding in excess of utink web design payment terms from time to time.  Additionally if your site is not live and your direct debit form remains unreturned to utink web design 60 days after handover has occurred, a release fee of $300 will be charged to hand over all your site files which are then deleted from the utink web design server.

9. Refunds:

Refunds shall only be provided for your project within 24 hours of payment of your deposit on the condition that you have returned any of the required information to utink web design and on the condition that utink web design has not commenced any work on your project.

An administration fee of $50 will apply to all refunds.

10. Renewal of Domain Names & Web Hosting:

You are solely responsible for all the renewals of domain name and web hosting fees after handover. If set up by utink web design we will inform you of any domain name and/or web hosting providers on handover.

11. Contacting utink web design:

When contacting utink web design, you must use the email address and phone numbers provided to you.

In addition to the costs incurred in delivering the project to you, utink web design will also charge you for office services charges such as for emails and telephone calls (which are charged at the rate of $5.00 per email/telephone call, regardless of duration, for any emails and/or telephone calls that are in excess of three in any one week period).

12. Warranty:

utink web design provides a 60 day warranty on all of its work.  However, if you have made changes to your site yourself you may incur additional costs to resolve any issues that arise due to those changes.

13. Browser Compatibility:

utink web design will make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases. You understand that we cannot guarantee correct functionality with all browser software across different operating systems.
Changes made to the site through the CMS, in some cases, can cause browser related issues.  If this happens, utink web design may need to charge additional fees to rectify these issues.

14. Limitation of Liability:

Whilst every endeavor will be made to ensure that the site is free of errors, utink web design cannot accept responsibility for any losses or damages (including consequential loss or damage, loss of business, loss of income, loss of information or business interruption) incurred due to malfunction or due to the construction or operation of the site or any part of it.  Further, utink web design will accept no responsibility for liability for any down time, loss of income or loss of your use of the site which may occur as a result of the site being affected by computer hacking, computer viruses, malware or spyware.  If your site is so affected, utink web design may, at its sole discretion, assist you with remedying such affliction; however in doing so, utink web design accepts no responsibility or liability in this respect.

In addition, utink web design accepts no liability whatsoever for any damages or costs (including   consequential damages or losses) incurred as a direct or indirect result of using utink web design’ services or services of utink web design’ related companies or businesses (howsoever caused, whether by negligence or otherwise) or incurred by you directly or indirectly as a result of your use of any open source or third party proprietary software.  utink web design does not provide any guarantee that any such open source or third party proprietary software will be fit for the purpose or function as required by you.

If your site is susspended for any breach of the web host's terms of service or any other reason whatsoever, utink web design shall not be liable for any loss of income or costs incurred by you, including any consequential loss or damage suffered by you.
It is your responsibility to ensure you are aware of renewal dates of domain names and other services. utink web design takes no responsibility for loss of domain names or other services due to non-renewal, whether notification is sent to you or not. Please contact utink web design if you do not know the providers for your domain names and web hosting services.

All terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating to the provision of services by utink web design not contained in these terms and conditions are excluded.
Except as required by statute, all express and implied conditions and warranties in relation to the services provided are hereby excluded and utink services’ liability hereunder (if any) shall be limited at utink web design’ discretion to the replacement of the services, the supply of the equivalent services or to the value of the services supplied by utink web design.  You acknowledge that the limitation of liability in this clause is fair and reasonable.

15. Indemnification:

You acknowledge and agree that you are using all services and facilities provided by utink web design at your own risk and you agree to defend, indemnify, save and hold utink web design harmless from any and all demands, liabilities, costs, losses and claims, howsoever suffered, including but not limited to legal fees incurred by utink web design that may arise directly or indirectly from any service provided or agreed to be provided by utink web design to you or any product or service offered or sold by you to your clients.  You agree that this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name and web host.

You also agree to defend, indemnify and hold harmless utink web design against any liabilities arising out of injury to any person or property of any person caused by any service provided or agreed to be provided by utink web design or any product or service offered or sold by you to your clients, including but not limited to, infringement of intellectual property rights, infringement of proprietary rights, misinformation, delivery of defective products or services which are harmful to any person, business, company or organisation and in respect of any defamatory comments or materials contained on your site.

16. Non-Disclosure:

utink web design agrees that, except if directed by you, utink web design will not, at any time during or after the term of its engagement, disclose any confidential information belonging to you.  Likewise, you agree that you will not convey any confidential information about utink web design to any other party, including but not limited to, using any documentation provided to you by utink web design or using any of utink web design’ processes related to the delivery of your service.

17. Software:

In the course of building your site utink web design may use various open source software and also third party proprietary software.  Each piece of software has its own processes, functionality and works in its own way.  The standard functionality can often be changed, but unless otherwise stated, changes to this functionality are not included in your purchase price.

utink web design does not provide any warranty in respect of the functionality of such open source or third party proprietary software and utink web design does not provide any guarantee that such software will be fit for the purpose or function as required by you.

18. Acceptable Use:

All users of utink web design’ services must adhere to all policies set out in these terms and conditions as well as any other policies issued by utink web design and notified to you from time to time.

19. Termination:

If you choose to terminate the project agreement, then the balance of any fees owing to utink web design in respect of any site project costs, monthly fees or any other fees that you may be liable for, shall become immediately due and payable.

You acknowledge that sites 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 site shall not constitute a reason to terminate the agreement between you and utink web design.

20. Recovery Costs:

In the event that utink web design takes action to recover from you any amount outstanding, utink web design shall be entitled to also recover from you, in addition to the amount unpaid and interest, its reasonable costs of the recovery action including, but not limited to legal costs and expenses.

21. Force Majeure:

utink web design may experience outages beyond its control caused by reason of failure of hosting services provided to third parties upon which utink web design relies to provide its services, acts of God, or the consequence thereof including, but not limited to fire, flood, typhoon, earthquakes or by reason of riots, wars, invasions, acts of hostilities, civil wars, rebellion, terrorist activities, government restrictions, trade embargoes, strikes, lockouts, labour disputes, boycotting or other causes beyond utink web design’ control.

You agree to release utink web design from any claim or potential claim with respect to outages and any loss or damage suffered by you or any third party.

22. Variation:

These terms and conditions may be varied or updated from time to time by utink web design.

23. Governing Law and Jurisdiction

These terms and conditions are governed by the law of the State of Victoria and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the State of Victoria.

24. Severability:

If any provision of these terms and conditions is invalid and not enforceable in accordance with its terms, other provisions which are self-sustaining and capable of separate enforcement with regard to the invalid provision, are and continue to be valid and enforceable in accordance with their terms.

25. Waiver:

The failure, delay, relaxation or indulgence on the part of utink web design in exercising any power or right conferred upon utink web design by these terms and conditions does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under these terms and conditions.

26. No Assignment:

You may not assign or transfer your rights or obligations under these terms and conditions without the prior consent in writing of utink web design.

27. No Adverse Construction:

These terms and conditions are not to be construed to the disadvantage of utink web design because utink web design was responsible for its preparation.

28. Non-Disparagement:

You must not make, disclose or publish orally or in writing any statement or comment which may defame or disparage utink web design or any of its employees or its business.  This obligation survives the termination of the engagement of utink web design.