Your acceptance - Please read

The Client (hereafter referred to as “you”, ”your”, “they”, “the credit card holder” and/or “the client”), Genieus Pty Limited (hereafter referred to as “Genieus Pty Limited”, “Genieus”, “our”, “we” and/or “us”), our website pricing located at http://www.wixprodesigners.com.au/#!pricing/cg2q  (hereafter referred to as “Web Pricing” and any written proposal (hereafter referred to as “our proposal”).

 

(a) By clicking “I have read and accept” you are agreeing to our Terms and Conditions electronically. "Terms & Conditions" means this agreement including the services and prices outlined on our website (also known as Web Pricing) or any written proposal (also known as “our proposal”) arising from our engagement to provide service.

 

(b) You can download and/or print these Terms & Conditions at www.wixprodesigners.com.au /download-agreement. Alternatively, you can request a copy by email at info@wixprodesigners.com.au.

 

(c) You can decline this agreement. Should you decide this, do not click "I have read and accept" and/or Sign (“our proposal”). If you have questions relating to this agreement please contact us Toll FREE on 1800 49 47 43 or email us at info@wixprodesigners.com.au.

 

(d) By clicking “I have read and accept” or logging on or signing “our proposal” or making payments, you are acknowledge you are able access and read all of this agreement and consent to use of this electronic method of contract acceptance under The Electronic Transactions Act 1999 (Cth) (ETA’)

 

Our Terms and Conditions are

 

Authorisation

You, the client, are engaging Genieus Pty Limited as an independent contractor for the specific purpose of designing a website utilising the Wix platform (hereafter referred to as "Web Design Project") to be published on your Wix account. You authorise Genieus Pty Limited to access your Wix account and authorises the Hosting Service to provide Genieus Pty Limited and its agents or employees, with "full access" to your account and any other programs needed for this Web Design Project that are included as part of your service level agreement.

 

Development

This Web Design Project will be developed using latest version of Corel Draw ® and or Wix HTML5

Browser Compatibility

Designing a website to function across multiple browsers platforms (browser versions and resolutions) requires considerable expertise. It may involve creating multiple versions of code/pages. Genieus Pty Limited warrants that the web design project will work in:

  • Microsoft ® Internet Explorer Version 7 onwards

  • Google Chrome

  • Firefox 3.0 and onwards

  • Safari

 

Project Assignment

Genieus Pty Limited warrants that only its employees and/or Australian based Wix Pro Designers and/or Australian based web design professionals will be assigned your Web Design Project.  

 

Trademark and Copyright

The client warrants that all data, content, information or material provided to Genieus Pty Limited for inclusion in the Web Design Project will not infringe the rights of any third parties nor contravene any law or industry code, or the Client has permission from the rightful owner to use such elements and will indemnify Genieus Pty Limited and protect it and its employees, agents and subcontractors from any liability (including legal fees and costs). The client accepts complete liability for the content of the Web Design Project.

 

Should Genieus Pty Limited purchase images, video or digital collateral for use in the development of your Web Design Project, you acknowledge that the purchased of such is for single use only. Such images or digital collateral cannot be used or re-used for any other purpose, and even editing or cropping the dimension may contravene their usage rights. To purchase or use of stock imagery or digital collateral outside the website please contact Genieus Pty Limited who will endeavour to put you in contact with the image rights owner.

 

The client acknowledges that any ideas, concepts and/or intellectual property discussed, shown or provided to you prior or during the Web Design Project remain the property of Genieus Pty Limited and cannot be reproduced in part or in full until payment in full is received or consent in writing is given by Genieus Pty Limited.

 

The client will be assigned perpetually rights to use the Web Design Project as a web site once final payment, along with any additional charges incurred have been paid in full. Rights to photos, graphics, work-up files, and computer programs are specifically not transferred to the client and remain the property of their respective owners. Genieus Pty Limited and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

 

Maintenance

This agreement allows for minor maintenance for a period of 12 months (from date of handover) to website pages at an ad hoc cost of AUD$80 + GST (if applicable) per hour at intervals of 30 minutes or part thereof.  Minor maintenance includes updating links and making minor changes to content. Minor maintenance does not include;

 

  • Building new pages

  • Re-designing pages

  • Changes to navigational structure

  • Installation or deployment of Apps

  • Attempted updates or repairs by the client

 

If the Client's web design package includes a pre-paid monthly maintenance plan then first hour of maintenance each month (minor or major) will incur no fee. Additional hours will be billed at a rate of AUD$50 + GST (if applicable) per hour.

Website Content Genieus Pty Limited does not develop websites that can be used to disseminate, communicate, store or transmit content that contains:

 

  • Sexually explicit;

  • Contains virus', worms or malicious elements;

  • Infringes copyright;

  • Reveals trade secrets or protected data;

  • Content that infringes on any intellectual property, publicity or privacy rights;

  • Content that is defamatory, harassing or threatening;

  • Relates to illegal business operations or schemes;

  • Is deliberately misleading, incomplete or deceptive; or

  • Is deemed inappropriate by Genieus Pty Limited

 

Completion Date

Our goal is to complete the Web Design Project within the agreed timeframe. Genieus Pty Limited will work diligently to achieve this however it will only be achievable with your cooperation.  Following the completion of the web design questionnaire and acceptance of a web design package and/or our proposal, it is expected the Client will provide Genieus Pty Limited with all text and graphics content in electronic as soon as possible. The Client agrees to provide all Web Design Project content in a timely manner and accepts that Genieus Pty Limited will be held blameless for delays arising from the client’s non-compliance with this requirement.

 

Delays can also occur at important milestones such as approving design mock-ups and changes where client action is required. Should delays through client inaction cause the Web Design Project to run beyond the specified time, Genieus Pty Limited may choose not work as diligently to complete the project.

 

Completion dates are estimates only and as such are not a guarantee of when the project will be completed. Genieus Pty Limited reminds clients that there is a multitude of things that can delay a Web Design Project that are often beyond our control. Refunds will not be given for a delay in our estimated turnaround time and this will not constitute a breach under this contract.

 

The client further acknowledges that any additions, alterations or changes after final approval, or work that falls outside the original project scope, will be treated as additional work and therefore not part of the original project scope. The client also acknowledges that payment must be made in full prior to the handover of the site for connection to your domain.

Project Delivery

 

The final website design will be transferred and published to the client's Wix account upon receipt of final payment. The client accepts responsibility for all hosting service charges relating to the hosting of their Wix website. Configuring forms, payment gateways and/or installing apps requires addition time and will be charged at an hourly rate of AUD$80 + GST (if applicable).

Electronic Commerce Laws

 

The Client agrees that they are solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services connected with the website. Further, the client will indemnify, hold harmless and defend Genieus Pty Limited, its employees, agents and subcontractors from any claim, suit, penalty, tax, fine or tariff arising from the client's use of Internet electronic commerce and/or any failure to comply with any such laws, taxes and/or tariffs.

Search Engine Optimisation for Website

 

Genieus Pty Limited does not guarantee any specific position in search engine results for your Web Design Project. Genieus Pty Limited perform basic search engine optimisation in accordance with best practice.

 

Payment

Prompt payment is expected on all invoices with settlement within FIVE (5) business days. Genieus Pty Limited reserves the right to remove any Web Design Project from viewing on the Internet until final payment is made. Genieus Pty Limited also reserves the right to report all bad accounts to credit reporting agencies. The addition of Meta Tags (Descriptions and Keywords) and the submission of the Web Design Project to Web search engines and updating only occurs after final payment is made. All payments should be made to Genieus Pty Limited in Australian Dollars. A Goods and Services Tax (GST) of 10% is payable by Australian customers.

 

Genieus Pty Limited requires an initial payment equal to 50% of the total project cost and is due before we commence work on a Web Design Project. The final balance is due upon completion and is required before transfer or hosting can take place. In the event an invoice remains unpaid for more than FIVE (5) business days, Genieus Pty Limited reserves the right to cease work and reprioritise its workload without notice further to the client.

 

Revision

While the duration of the revision period varies from plan to plan, the revision period commences upon receipt of your first payment. Each additional hour for revisions outside the revision period is charged at a rate of AUD $80 + GST. The start date for revision can be modified by agreement between Genieus Pty Limited and the client. A countdown time at the bottom of the client’s website will indicate the revision time available. All submissions for content or changes MUST be made by email before to the expiration of the revision period or before the revision period clock ends.

 

Refund Policy

Our goal is to provide 100% customer satisfaction. To assist us in achieving this aim Genieus Pty Limited offer the following refund policy:

 

100% Refund, If requested

  • Prior to showing of any design layout (Applicable on all plans)

Refund Restrictions

  • Refund requested within 7 calendar days from date of order.

  • Refund not applicable on maintenance plans or bulk hours.

  • Refund not applicable on marketing campaigns.

  • Refund not applicable on SEO services.

  • Refund not applicable on graphic design services.

  • Refund not applicable on domain registration fees.

  • Refund not applicable for rush order clients.

  • Refund not applicable on hosting fees.

  • Refund not applicable on copywriting fees.

  • Refund must be requested in writing.

  • Refund not applicable on updates and add-ons to existing websites

 

Layout & Design

Genieus Pty Limited will build your website in accordance with the clients’ requirements and make reasonable changes until the client is satisfied. Once a layout is approved, additional cost may be applicable at hourly rate should the client change their mind and wish to change it.

 

Only sites developed on the Wix platform are included in the contract. Integration of audio or video content may incur additional fees. A page is defined by a maximum of 300 words. A maximum of five (5) images to a page and ten (10) external links per page. Anything extra will be charged at five ($5.00) AUD per image and ten ($10.00) AUD per link/button. Internal navigation page links are limited to the package chosen, for example a five (5) page website will have a maximum of five (5) internal navigational links. Additional navigational links will be charged thirty ($30.00) AUD per link.

 

A Website Design by Wix Pro Designers statement with a link to wixprodesigners.com.au will appear on all pages in the footer of all websites designed by Genieus Pty Limited. A $500.00 AUD surcharge is payable for the link to be removed. Removing the link without prior approval from Genieus Pty Limited will breach the agreement.

 

Additional Services

Clients who require copywriting assistance agree to provide Genieus Pty Limited with sufficient content summary and/or product, service or company highlight points. Clients who require blog writing services agree to provide Genieus Pty Limited with relevant keywords. Articles and website content will be professionally written and will be free of any grammatical errors.

Dispute Resolution

By negotiation, you and Genieus Pty Limited agree to make every effort to resolve any dispute, claim or disagreement arising out of, or relating to, this agreement. Either party may initiate proceedings by providing the other party with notice in writing of their intent.   The notice must outline the subject of the dispute and the relief proposed. The recipient agrees to respond in writing within five business days outlining their position on, and recommended solution to, any such dispute.

 

Should a dispute continue unresolved, representatives from each party with the capacity and authority to resolve the dispute must agree to meet at a mutually acceptable place and time within ten business days of the last correspondence. Should negotiations fail, both parties agree to submit to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.

 

Force Majeure

Should either party be prevented from fulfilling, either in full or in part, any of condition or provision of this agreement by reason of fire, flood, storm, computer virus, war, accident, or other acts of God, whereupon notice to the other party is provided in writing, the requirements of this Agreement, or the affected provisions hereof to the extent affected, shall be suspended during the period of such inability or hardship.

 

During any such period of inability or hardship, the party able to meet its obligation under the agreement may seek to have its requirements met by the other party without further liability or prejudice. The party prevented from meeting its obligations under the agreement shall make any and all reasonable attempts to remove any such inability or hardship within ten (10) business days otherwise the party ably to comply with the agreement, in accordance with this section,   may exercise their right to terminate the agreement without liability.

 

Confidentiality

Other than the extent required by law, you agree not to disclose confidential information relating to Genieus Pty Limited, its clients, suppliers or affiliates obtained during, or arising out of this agreement. You further agree that any other party deriving benefit from services provided by Genieus Pty Limited, its employees or agents, comply with terms of confidentiality under this agreement.

 

a) Any information a reasonable person may consider confidential or proprietary, or which is clearly marked as such, must be held in confidence by both parties and not disclosed or used except to the extent that such disclosure or use is reasonably necessary to effect the performance of the agreement and, that provided any such party receiving the information is bound by confidentiality obligations no less restrictive than those contained herein.

 

b) The confidentiality obligations outlined in this agreement continue for a period of one (1) year after the termination of this agreement however, the obligation does not end with regard to information that (a) the client can demonstrate is independently developed by the parties without reference to the other party’s confidential information, (b) lawfully becomes part of the public domain, or (c) the receiving party can demonstrate was information of which the parties obtained knowledge or possession of free of any confidentiality obligation.

 

Limitation of Liability

Both parties agree that neither party will be held liable for any loss of profit or revenue by the other party, nor will they be liable for any consequential, incidental, indirect or economic loss or damages incurred or suffered by the other party arising out of, as a result of, or related to, this agreement, whether in contract, tort or otherwise, even if such party has advised of the possibility of such loss or damages.

 

The parties further agree that the total liability of either party for all claims of any kind arising as a result of, or in relation to this agreement, or to any act or omission of such party, whether in contract, tort or otherwise, will not exceed an amount equal to the amount actually paid by the client for the deliverables.

 

Indemnification

The client agrees to indemnify Genieus Pty Limited, its employees or agents and hold them blameless from and against any claims by third parties, including all costs, expenses and attorneys’ fees incurred (including damages), arising out of or in conjunction with (i) the client’s performance, or breach of any obligation, or agreements made, under this Agreement, and (ii) any actual or threatened claim that any content provided by the client to Genieus Pty Limited infringes any intellectual property, including, but not limited to, infringement of any copyright, trademark, patent or trade secret, made against Genieus Pty Limited by any third party.

 

Severability

If any section, clause or term of this agreement is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this agreement will remain in full force and effect.

 

Legal Notice

Genieus Pty Limited, its employees or agents do not warrant that the functions contained in the Web Design Project will be uninterrupted or error-free. The entire risk with regard to the quality and performance of the Web Design Project is born by the client. At no time will Genieus Pty Limited, its employees or agents be held liable to the client or any third party for any damages, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, including, but not limited to loss of profits, loss of savings or other incidental, consequential, punitive, contingent or special damages arising out of the operation of or inability to operate the Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet service, of any Internet servers, you or your site visitor's computer or Internet software, even if Genieus Pty Limited has been advised of the possibility of such damages.

 

This legal agreement constitutes the sole agreement between Genieus Pty Limited and the client regarding the Web Design Project. After the initial 14 day Refund Guarantee period, this contract can only be cancelled at the sole discretion of Genieus Pty Limited. Any additional work not specified in this agreement or any other amendment or modification to this agreement must be authorized by a written request signed or agreed via email by both Genieus Pty Limited and Client. All prices specified in this agreement will be honoured for 3 months after both parties agree to the contract. Continued services after that time will require a new agreement.

 

The undersigned hereby agree to the terms, conditions and provisions of this agreement.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications from here on must be in writing and agreed to by both parties.

 

AGREED TO:

By The Client (Electronically Consent – IP, Time and Date is Logged) – No Signature Required.

AUTHORISED BY:

Genieus Pty Limited ABN 71 167 922 885 - No Signature Required. Only Valid After Receipt of Initial Payment

 

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Service Agreement

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