DATE: From Date of Purchase
Between “us”, Nifty Websites Australia, and “You”,
are hiring Nifty Websites Australia to design and develop a website for the estimated prices as per the website or further correspondence.
- Please note that any overdue monthly/annual package that is aged greater than 7 days will result in your website and hosting account being immediately suspended. If you wish to uplift the suspension, there will be a fee of $165 + GST to reinstate your account. We will only hold a backup of your hosting account for a period of 30 days after the suspension, till thereafter your hosting account will be terminated.
- Please note all monthly, quarterly, and annual packages are part of a subscription and that you are allocated your own web development team with the allocated hours, thus all changes required as per your package, must be submitted via a ticket. Please note you will be also offered content edit only access for all subscription packages and full administrator access for the outright subscription of your website should you require to edit the website on your own accord.
- Alternatively, you may upgrade to the outright package at any time by contacting our office via email at info@niftywebsites.com.au or at call us on 1300 164 389
- Anyone purchasing the outright package will be given full access to the website and if hosting with Nifty Websites the cPanel access to the hosting package.
Nifty Websites Intellectual Property
Please note all rights, title, and interest in and to the Nifty Website’s subscription packages excluding the outright packages.
These include all copyrightable materials or any other content that is or may be protected by intellectual property rights under any applicable law.
Inclusions are as follows: website template along with its plugins and widgets, images and graphic artwork, widgets, content work provided by Nifty Websites, source and object code, custom made applications, media files such as audio, music, video, and others. Designs, animations, interfaces, documentation, derivatives, and versions thereof, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Nifty Websites.
1.0 Services Rendered
DESIGN
We create look-and-feel designs and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML, CSS, PHP, and JavaScript, so we will not waste time mocking up every template as a static visual. We may use static visuals to indicate a look-and-feel direction (colour, texture, and typography.)
You will have a 7-day opportunity to review our work and provide feedback so that we may make those final changes for you.
PHOTOGRAPHS
You may supply graphic files to us that you require on your website, in an editable, vector digital format. Photographs must be in a high-resolution digital format.
Please note: Nifty Websites Australia as part of this contract will provide FREE Stock photos as per package.
HTML, CSS AND JAVASCRIPT
We deliver templates developed from HTML, CSS, PHP, JavaScript, predominantly WordPress unless specified differently to our agreement as per an outright package.
BROWSER TESTING
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
DESKTOP BROWSER TESTING
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), and Mozilla Firefox.
MOBILE BROWSER TESTING
Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they are using. We test our work in:
iOS: Safari
Android: Google Chrome, Firefox
We currently do not test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian, or other mobile browsers. If you need us to test using these, we can provide a separate quote for that.
TECHNICAL SUPPORT
If we are not your website hosting company, we do not offer support for website hosting, email, or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you do not, we can set up an account for you with our hosting services. Our technical support hours are Mon to Friday 9 am to 5 pm.
In regard to Nifty Websites offered to host accounts, which is Australia-based, we have 99.99% uptime and have team members on standby for any alert on the hardware on the server if there is anything critical as such.
CHANGES AND REVISIONS
We do not want to limit your ability to change your mind or make decisions later when you might be better informed.
We are happy to be flexible. If you want to change your mind or add anything new, that will not be a problem as we will provide a separate estimate for to cover the additional work.
CHANGES TO PACKAGES
If you wish to upgrade your package, you may do so by canceling your subscription and recreating a new subscription.
If you wish to cancel your current subscription and purchase an OUTRIGHT package, this can be discussed with the Nifty Websites team at 1300 164 389 or via email at info@niftywebsites.com.au
The current pricing schedule to cancel a subscription to move to an OUTRIGHT package is as follows in your first 12 months of starting a package.
Min Contract Terms are 12 Months
Payout Fee Calculated as below:
Monthly: (12 Months minus “-“Months Subscribed/Paid For) x (multiplied) by the Monthly Fee.
ERRORS
We cannot guarantee that our work will be error-free (we are human!) so we cannot be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential, or special damages, even if you have advised us of them.
2.0 Mutual Cooperation
We agree to use our best efforts to fulfill and exceed your expectation on the deliverables listed above. You agree to aid us in doing so by making available to us needed information pertaining to your website and to cooperate with us in expediting the work.
3.0 Charges for Services Performed
Functionality or feature requests above and beyond those listed in packages or the functionality specs may be considered out-of-scope and an amendment to the package will be recommended.
Amendments to packages can be set out in a schedule to charge for extra hours per month beyond your package offered hours.
Projects that go dormant due to customers not being able to send through information in time, will be your responsibility as you the customer will still be liable to pay the subscription fee on the selected package.
4.0 Terms of Payment
4.1 BILLING SCHEDULE
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. We are also sure you will want to maintain a positive working relationship and keep the project moving forward, so you agree to stick tight to the following payment schedule.
Nifty Websites Australia will automatically charge your card on renewal date(s) as per your purchase.
4.2 CLIENT AGREEMENT TO PAY
You agree to pay all subscription invoices upon receipt, which will be direct debited in this case. If there is a failure on the direct debit, you will be contacted by our team to rectify. Please see point A of these terms and conditions.
In addition, Nifty Websites Australia reserves the right to stop work until payment is received.
4.3 COLLECTION COSTS
If we incur legal fees, costs, and disbursements to collect our invoices, in addition to interest on the unpaid balance, you agree to reimburse us for these expenses.
5.0 Cancellation of Plans
You have the right to modify, reject, cancel, or stop all plans or work in process.
However, you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancellable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimise such costs and expenses.
If you are to select ta Monthly, Quarterly or Annual plan this is plan is prepaid in advance and is non-refundable for change of mind as there are setup and development costs in the beginning, being the initial payment of the package and setup fee.
6.0 Responsibilities You and Nifty Websites Australia
6.1 NIFTY WEBSITES AUSTRALIA’S RESPONSIBILITY FOR RELEASES
We shall obtain releases, licenses, permits or other authorisation to use testimonials, copyrighted materials, photographs, artwork or any other property or rights belonging to third parties obtained by us for use in performing services for you (If applicable).
6.2 CLIENT RESPONSIBILITY FOR RELEASES
You guarantee that all elements of text, images, or other artwork you provide are either owned by your good selves, or that you have permission to use them.
You own all elements of text, images, and data you provided unless someone else owns them.
6.3 CLIENT RESPONSIBILITY FOR ACCURACY
You shall be responsible for the accuracy, completeness and propriety of information concerning your products and services which you furnish to us verbally or in writing in connection with the performance of this Agreement.
7.0 Confidentiality
Nifty Websites Australia acknowledges its responsibility, both during and after the term of its appointment, to use all reasonable efforts to preserve the confidentiality of any proprietary or confidential information or data developed by Nifty Websites Australia on behalf of You or disclosed by You to Nifty Websites Australia.
8.0 Term and Termination
8.1 Period of Agreement and Notice of Termination
This Agreement shall become effective as of the DATE: Date of Purchase and shall continue until terminated by either party according to their subscription package.
You may cancel your subscription packages at anytime, or if you would like to make other arrangements and or customisations, please contact us for flexibility around your packages. Please note: all packages are paid in advance and are non-refundable for that period of payment made.
8.2 TERMINATION FOR CAUSE
Either party to this Agreement may terminate the Agreement if the other party defaults in the performance of any of its material duties and obligations and the default is not cured within thirty (30) days of the receipt of notice of said default, or if the default is not reasonably curable within said period, unless the defaulting party commences cure within said period and diligently proceeds to cure the default.
In addition, either party may immediately terminate this Agreement by giving written notice to the other party if the other party is insolvent or has a petition brought by or against it under the insolvency laws of any jurisdiction, if the other party makes an assignment for the benefit of creditors, if a trustee, or similar agent is appointed with respect to any property or business of the other party, or in the case of the Client, if the Client materially breaches its obligations to make payment pursuant to this Agreement.
8.3 PAYMENT FOR NON-CANCELABLE MATERIALS?
Any non-cancellable materials, services, etc., we have properly committed ourselves to purchase for your account, (either specifically or as part of a plan such as modules, photography and/or external services) shall be paid for by you, in accordance with the provisions of this Agreement.
8.4 MATERIALS UNPAID FOR
If upon termination there exist any materials furnished by us or any services performed by us for which you have not paid us in full, until such time as you have paid us in full you agree not to use any such materials, in whole or in part, or the product of such services.
8.5 TRANSFER OF MATERIALS
Upon termination of this agreement, if there is no outstanding indebtedness then owing by You to Nifty Websites Australia, Nifty Websites Australia shall transfer, assign, and make available to You all property and materials in its possession or control belonging to You. You agree to pay for all costs associated with the transfer of materials. This clause is only applicable to OUTRIGHT packages.
9.0 General Provisions
9.1 GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of Australia and all its governing states.
9.2 REPRESENTATIONS AND WARRANTIES
The parties each individually represent and warrant that each has full power and authority to enter into this Agreement and to perform all their obligations hereunder without violating the legal or equitable rights of any third party.
9.3 ENTIRE AGREEMENT
Except as otherwise set forth or referred to in this Agreement, this Agreement constitutes the sole and entire Agreement and understanding between the parties hereto as to the subject matter hereof, and supersedes all prior discussions, agreements and understandings of every kind and nature between them as to such subject matter.
9.4 SEVERABILITY
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. In such instance, this Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect.