Web design, graphic design, consultation, advice, information and all products and services provided by TN Designs & Hosting are subject to our terms and Conditions of Trade regardless whether they are paid or free.
TN Designs & Hosting Terms and Conditions of Trade
1. The Client agrees to be bound by the terms and conditions of trade, which shall constitute part of the contract.
2. The Client acknowledges that because TN Designs & Hosting is a progressive business, these terms and conditions may change from time to time. A current copy of these terms and conditions can always be found on the website and by request to TN Designs & Hosting.
3.a The Client acknowledges that the Specification including all email correspondence and phone dialog forms part of the contract for the provision of the project described in the quote.
3.b The Client acknowledges that the quote is only valid from 30 days from the date of issue. After this time the quote is subject to review.
3.c The Client acknowledges that the Payment Details form part of the contract and that the Payment Details is for once only provision of the job described in the quote.
4.a The Client agrees to keep all correspondence between Client and TN Designs & Hosting confidential except where expressly permitted in writing.
4.b TN Designs & Hosting agrees to keep all correspondence between Client and TN Designs & Hosting confidential except where required through partners, subcontractors and other parties involved with TN Designs & Hosting.
5.a The Client agrees to pay TN Designs & Hosting according to the Payment Schedule before any work is undertaken and acknowledges that all related deposits are non-refundable. Deposits for any fees paid towards an unfinished project are also non-refundable.
5.b The Client agrees to pay TN Designs & Hosting the remainder of the purchase price immediately upon receipt of the dated invoice upon contract completion.
5.c If the payment of the purchase price is not made before 21 days the Client agrees that TN Designs & Hosting has the right to suspend any work or service provided until the payment is made.
5.d At 90 days the overdue account will be handed to a debt collector. Appropriate action may be taken against the Client’s credit rating. Debt collection fees will be attributed to the Client.
5.e If the payment of the purchase price is not made according to these terms the Client’s software, website(s), hosting and/or product(s) may be deactivated.
5.f All payments are non-refundable unless expressly covered under a guarantee or service agreement.
5.g All prices are in Australian Dollars.
6. Client Delays
6.a Sometimes Client delays are experienced and include, but are not limited to, checking of a proofs, receiving content or images. The Client agrees that these such delays will result in the Client being invoiced for the full amount of their project payable as per terms of invoice and TN Designs & Hosting to continue with the project when the Client delay is resolved.
6.b Should the delay be so long that prices have changed; TN Designs & Hosting agrees to inform the Client of additional charges before completing the project.
6.c Default and Client Delays. In the event that the development and/or subsequent finalisation of the website is due to client delay, the full amount owing for the website, including all extras will become payable in full. Repeated requests for content, images or similar material to the client by the Developer, which have not been satisfied, will be cause for the balance to become due. A final invoice will be issued for the remaining 60% and forwarded to the client by the Developer. if this instance becomes necessary, the client agrees to pay this invoice in a timely manner and/or by the due date stated on the invoice. Further delays in the payment of this invoice may result in all work being stopped until this payment is made.
6.d See ‘Final Product’ Clause
6.1 Web Development:
6.1.a The Client agrees that they are as committed to their project as we are. To reflect this TN Designs & Hosting requires all images to be received within 5 working days of project signoff. If these images are not received the Client authorises TN Designs & Hosting to purchase images on behalf of the Client to ensure the project is completed on time. The Client shall be responsible for expenses for the purchase of additional materials for their project.
6.1.b All content is to be received at least 5 days prior to the project ‘go-live’ date. Additional content may be added by the Client after this if a Content Management System (CMS) is included in the project. Clients not utilizing a CMS will be required to pay a data entry fee if they wish TN Designs & Hosting to enter content on their behalf once the project has gone live.
6.1.c Unless otherwise stated specifically in the quote and proposal, a maximum of 20 web pages and 100 products will be included in the website as part of the quoted solution. Additional pages will attract a futher charge.
6.1.d All design proofs including website designs must be approved or amended within 5 working days to avoid major project delays.
6.1.e The Client agrees that they are as committed to their project as we are. To reflect this TN Designs & Hosting requires all images to be received within 5 working days of project signoff. If these images are not received the Client authorises TN Designs & Hosting to purchase images on behalf of the Client to ensure the project is completed on time. The Client shall be responsible for expenses for the purchase of additional materials for their project.
7. Dispute as to invoice total
7.a The Client acknowledges where it wished to dispute an invoice then it shall, within seven (7) days from the date of invoice provide to TN Designs & Hosting in writing details which part of the invoice is in dispute. If TN Designs & Hosting does not receive written notice within 7 days from the date of invoice the Client shall be deemed to have accepted the invoice, and will pay the total.
8. Project Completion
8.a The Client agrees to sign a project completion form at the completion of the project as required by TN Designs & Hosting.
8.b If the Client refuses to sign the Project Completion form yet TN Designs & Hosting has completed the project to specifications the Client acknowledges that they may forfeit their right to additional services from TN Designs & Hosting, for example support and maintenance.
9. Title and Use
9.a As is standard for all creative industries, the creator retains copyright off all ideas and work produced during the lifetime of this project. This copyright then entitles the creator to any subsequent royalties generated through this work. This copyright however may be sold to the client or superseded by an agreement such as detailed in this and the License section of this contract.
9.bThe Client acknowledges TN Designs & Hosting remains the sole owner of the artwork, software, source code and all industrial and intellectual property rights associated with the artwork, software and source code including trade secrets and copyright.
9.c Subject to the Payment clause if the Client has fully complied with this contract TN Designs & Hosting grants the Client a nontransferable license to use work in accordance with the license described in below and according to the standard National Copyright laws already in existence.
9.d The Client acknowledges that wherever open source software is used in their project they are purchasing the installation, configuration and in some cases, maintenance services and not the software license as this would constitute illegal practice.
10. License – The license allows the Client to:
10.a Only use the work for the specified purpose the Client outlined as its intended use and stated business.
10.b The work is protected by Copyright and the Client is not authorized to reproduce or use the work except as permitted in writing by TN Designs & Hosting.
10.c The Client acknowledges that it only has a license to use the work upon full payment of the amount agreed upon. The work and related documentation and materials are licensed, not sold, to the Client for the use only as outlined in the quote and the terms of this license and the artist/creator reserves all rights not expressly granted to the Client.
10.d The Client shall not copy, alter, modify, trace or amend the work without TN Designs & Hosting prior written consent.
11.a The Client may not transfer, modify, adapt, translate, rent, lease, loan, sell, network or create derivative works based upon the works or any part thereof until the project is completed.
12.a This license is effective until terminated. The license will terminate automatically and without notice from TN Designs & Hosting if the Client fails to comply with any of the conditions outlined in this contract.
13. Client’s Obligations
13.a The Client acknowledges that is it wholly the responsibility of the Client to ensure the suitability or availability of trademarks, copyright or registration of any creative works created by TN Designs & Hosting.
13.b The Client acknowledges that is it wholly the responsibility of the Client to ensure work is suitable for use before implementation and that TN Designs & Hosting will not be held liable for any or all damages or costs caused by the artwork, text, software or code. TN Designs & Hosting will not be held liable for any loss or damage arising from the service rendered or product provided, whether direct, indirect, special, incidental or consequential.
13.c The Client acknowledges that is it wholly the responsibility of the Client to ensure that TN Designs & Hosting can legally use all materials provided by the Client. Materials include, but are not limited to, logos, designs, images, text and code. The Client agrees that it is the responsibility of the Client and not TN Designs & Hosting should any infringements occur.
13.d The Client acknowledges that is it wholly the responsibility of the Client to seek and obtain independent advice as to whether any ‘works’ created by TN Designs & Hosting are suitable for protection provided by the Trade Marks Act or is available without infringement of copyright, trade marks or any other form of registration.
14.a The Client agrees to pay TN Designs & Hosting all fees and charges relating to requests by the Client for Authors Corrections, alterations and amendments to the goods, data, software, source code or materials supplied that were not included in the original brief.
15.a The Client agrees to allow TN Designs & Hosting place links within their product/s to the TN Designs & Hosting Website and data centers.
15.b The Client agrees that TN Designs & Hosting may use the Client’s name(s), User’s name(s), corporate image and profile for the purposes of promotion and all related activities.
16. Electronic Storage
16.a The Client agrees that it shall have no right or title to data produced and stored by TN Designs & Hosting on disks or any other electronic media for use by the Client or other parties authorized by the Client to obtain that data (e.g. computer files created during the production process).
16.b Disks and tapes supplied by the Client and other authorized persons remain the Client’s property.
17.a Any and all delays caused by the Client will result in an extension of the due date by the time of delay.
17.b While every effort is made to ensure there are no spelling or grammatical errors in the final product, the Client shall be responsible for ensuring there are no spelling or grammatical errors in the final product.
18.a Any updates requested by the Client after confirmation of approval by the Client, including changes or additions, will be billed in addition to the original amounts estimated. They will be shown on each and every account as Updates. Such Updates shall include but not be limited to program or database adjustments or alterations, additional modules or components, resetting, copy alterations, graphic redrawing and/or repositioning of elements.
19.a Money back guarantee is for yearly hosting only and is not subject to design. The Client agrees that TN Designs & Hosting takes no responsibility for errors, issues or other problems associated with products that are not hosted with TN Designs & Hosting or TN Designs & Hosting chosen affiliate.
20.a The cost of consultation may be adequately compensated for. TN Designs & Hosting can charge an hourly rate and propose a consultation fee comparable to time away from productive work e.g. client meetings, travel or research.
21. Ownership of Software
21.a TN Designs & Hosting retains ownership of all original software (including source code), ideas and materials, whether conceptual, preliminary or final unless purchased under a separate contract to this and paid for under a separate quote and invoice to this contract and will be purchased at a separate and specific price.
22.a If a job does not go ahead at any stage TN Designs & Hosting will charge for services rendered to that date. This includes but is not limited to client meetings, preliminary discussion time and concept development meetings. If no written notice of cancellation is given before the completion of the finished product then the Client agrees to pay the full amount.
22.b Once an order has been received, cancellation must be made in writing and TN Designs & Hosting will charge for the extent of work carried out until the written cancellation is officially received by TN Designs & Hosting allowing reasonable time for cancellation to travel via post.
23. Final Product
23.a TN Designs & Hosting agrees to provide the Client with complete artwork or complete software according to the specifications given by the Client if the Client complies completely with all other conditions of the contract.
24.a If one part of this agreement becomes invalid or not applicable for any reason whatsoever, it shall have no impact upon the other parts of the agreement or agreements which the Client has with TN Designs & Hosting whatsoever including but not limited to validity.
25. You shall also agree.
You agree to use all TN Designs & Hosting services and facilities at your own risk. TN Designs & Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall TN Designs & Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold TN Designs & Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against TN Designs & Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless TN Designs & Hosting against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with TN Designs & Hosting’s server.
TN Designs & Hosting reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from TN Designs & Hosting’s server. TN Designs & Hosting shall be the sole judge of what violates this Policy.
26. Limitation of Liability:
TN Designs & Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from TN Designs & Hosting servers going off-line or being unavailable for any reason whatsoever. Furthermore, TN Designs & Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of TN Designs & Hosting servers. TN Designs & Hosting does not take any responsibility in loss of work on any other server, if data is lost may result in redesign costs. All damages shall be limited to the immediate termination of service. TN Designs & Hosting cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by TN Designs & Hosting are resold. Thus, certain equipment, routing, software, and programming used by TN Designs & Hosting are not directly owned or written by TN Designs & Hosting. Moreover, TN Designs & Hosting holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as TN Designs & Hosting sees fit. FURTHERMORE, TN Designs & Hosting retains the right to change any or all of the above Products, Pricing, Policies, Guidelines, and Disclaimer without notification.
27. Banned Scripts:
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
IRC egg drops
Telnet or SSH Access Scripts
nph-proxy (and other scripts what operates like proxy)
UBB (Ultimate Bulletin Board, all versions)
FormMail.cgi, FormMail.pl from Matt’s Script Archive are not allowed.