By commissioning dande1st.com, hereafter known as the Company, to provide you with products and services you are agreeing to the Company Terms and Conditions as follows:
1: The trading terms of the Company are payment is to be made in full before any new website is published live or any files for any other form of publishing are supplied, unless prior credit arrangements have been made in which case payment is required within one week of the date on the invoice unless other terms are indicated on the invoice. Before the commencement of any work by the Company a deposit will be required to cover any programming or software purchase costs or for any other media required. If there are unforeseen delays in the completion of any project caused by the Customer (example: waiting on content) the Company reserves the right to request a payment for the work completed based on the percentage of the work done.
2: The Company will hold all media (electronic or otherwise including login and password details) until payment has been made in full. If a Customer defaults on a payment to the Company the Company reserves the right to cancel any files from publishing on a website and to retrieve any other media files supplied by whatever means at its disposal. When a Customer requests a Company representative to visit their premises within the greater Brisbane area (rather than email or post material to the Company or for any other reason) a travel charge will be added to the invoice. For travel outside of the greater Brisbane area any charges will be by negotiation. No travel charge will be made when the Company offers to visit a Customer.
3: Website Content: The Company takes no responsibility for content used, either in text form or images including multi-media and photos for publishing. This includes any images, photos or data a Customer requests the Company to source and use in their Customer’s websites or printed material.
4: Proof-reading of Content: Although care is taken to ensure accuracy of grammar and spelling no responsibility will be taken by the Company for any typographical errors or omissions in created content. It is the responsibility of the Customer to check for any errors within the content of their work created by the Company unless prior arrangements for proof reading by the Company has been negotiated.
5: Hosting: All hosting provided by the Company is for one year and is to be paid in advance and is non-refundable. The Company will provide full support for continuous and correct publishing of all websites it manages. Hosting supplied by the Company is provided by ventraip.com.au – (VentraIP) and dreamithost.com.au (DreamITHost) on Australian based servers. The Company takes no responsibility for any systems failure or outages incurred by ventraip.com.au or dreamithost.com.au to provide hosting or email services or by any other ISP providing third party email or hosting accounts to its Customers.
5.1: Hosting Plans: Three hosting plans are available to accommodate website and email requirements: Business 1st; Business 1st Plus and Business 1st ULT. All plans come with email accounts which have different amounts of total mailbox storage which is deemed fair and reasonable. Should individual mailboxes exceed their storage limit then the Company will notify the person(s) concerned and recommend additional disk space or dedicated email hosting be purchased. All plans are for 1 year duration, paid in advance.
5.2: Hosting Renewals: The Company will email an invoice prior for hosting packages reaching their expiry date. Payment for renewal needs to be made prior to the expiry date. Failure to pay for the renewal will result in the hosting service being suspended until the renewal payment is received. If no payment is received within three weeks after the renewal date the company will inform the site owner that it intends to backup the site and remove from the server. If a payment is made following the removal of the site files from the server a restoration fee of $45 will need to be paid.
5.3: Cancellation of services: Where a cancellation of any service provided by the Company is requested or where a request is made to transfer any services provided by the Company to another host the Company will endeavour to accommodate such requests at the earliest convenience. Once the transfer is completed the Company will backup any files remaining on its server and then remove the hosting account from the server. No refunds for any outstanding hosting time will be given.
6: Site Security: VentraIP and DreamITHost security is set to a very high level to ensure all published webpages are regularly backed up and safe from hackers. However the Company does not take responsibility for any website breakins and for any web content that is lost or modified by unknown persons. Where possible the Company will restore any tampered / hacked pages back to their original state at a cost to the Customer.
7: CMS (Content Management): Where content management software (CMS) has been supplied to a Customer and they take the responsibility to manage their own page content any problems to web content caused by a Customer using CMS that requires the Company to repair will be charged for. This also applies to application updates. When an update to the application is requested to be done a charge will be made by the Company.
8: Site Publishing: The Company uses compliant code and scripts in all its internet related work. All code and scripts are thoroughly tested prior to publishing. The Company is not responsible for pages that will not publish due to browser or DNS caching that may make the web site appear inaccessible when others can still access it or viewers cannot access the website due to having their virus protection / firewalls parental controls set up or their browser version is too old to run some scripts correctly or their network connection is insufficient to download or upload data or their ISPs network is overloaded or down.
9: The Company reserves the right to cancel any arrangements set up with any party in which case two weeks notice will be given by the Company in writing by email or text message.
10: Domain names: The Company does not own the domain names of its Customers so no responsibility is taken by the Company for any cancellation of a domain name. In the case of domain names managed by the Company a renewal invoice will be sent to the owner before the domain name expiry and every endeavour will be made to ensure the domain name owner is contacted before renewal is due. In the case of moving a domain name to another host passwords will only be given to the owner of the domain name and not to any third party after all monies owing (if any) are paid.
11: Search Engines: Websites created by the company will be submitted to search engines such as Google. The source code will contain meta tags, description and keyword content required by search engine robots to “spider” the website and to allow for SEO (search engine optimization). Although every endeavour will be made for a high ranking on search engines the company is not responsible for the operation of search engines so cannot guarantee the placement order of any website within the search engine directories. This also applies to Google Adwords including the frequency which the Adwords appear. For websites that have Google Adwords managed by the Company the budgeted monthly payment must be paid in advance – generally the day the Invoice is received. Late payments will mean the Adwords will be suspended until payment is received. Adwords managed by the company attract an administration fee to cover credit card costs and Google client account management. This fee is deducted out of the monthly budgeted account unless other arrangements have been made. The amount charged can vary depending on the amount of administration that is required on a monthly basis.
13: Risk and insurance: Products and services provided by the Company are at the Customer’s risk. It remains the responsibility of the Customer to insure any products or services provided by the Company.
14. Refunds: No refunds will be given for domain names, hosting packages or any other media or software purchased.
Updated: August 2023