VELVET WEB TERMS & CONDITIONS

 

$649 WEBSITE SPECIAL

The Special Includes:

  1. A three-page custom designed website, including:
    1. Home page.
    2. About page (or equivalent).
    3. Contact page (including a standard contact form - name, business, phone, email, comments fields, and Google map, if required).
  2. 2 Year .com, .com.au, .net or .net.au domain name registration (premium domain names are available at an additional cost).
  3. 2 Year website hosting (Startup hosting package - 5G disk quota and 10G monthly bandwidth).
  4. DV SSL certificate.
  5. Content appraisal (Velvet Web will review content and images provided by the client and may suggest required changes).
  6. Content Management System so that the client can change content and add pages.
  7. Google Analytics setup.

The Money-back guarantee:

  1. Is valid for a maximum of 45 days after the commencement of work.
  2. Only applies to items 1.1 1.2 & 1.3 listed in "The Special Includes" section above.

The Money-back guarantee does not apply to:

  1. Domain registration. The domain is registered in your name or your business or entity name and it is yours to keep for a period of 2 years.
  2. Items 2, 3, 4, 5, 6, 7 in "The Special Includes" section above.
  3. All items listed in "The Special does not include" section below.

The Special does not include:

  1. Content writing.
  2. Photography, photo editing, sourcing content images or graphic design.
  3. Custom web development (or equivalent).
  4. Custom form development.
  5. Additional pages.
  6. Website hosting after 2 years (ongoing cost at the time of writing is $99 unless there is a requirement to upgrade to a larger hosting package).
  7. Domain registration after 2 years (ongoing cost $34.95 for .com.au or equivalent $39.90 for .com or equivalent, excludes premium domains).
  8. EV & OV SSL certificate.
  9. Email hosting or mailbox creation.
  10. Online marketing.
  11. Google Analytics management.

Velvet Web may provide any of the above services at the request of the Client. A quote will be provided to the Client for these services. 

 

WEB DESIGN

Quoted prices include minor changes post proofreading.  Minor changes include spelling; grammar; consistency; image tweaking; and Client contact information. Additional design, pages and/or changes may be done at an additional charge. This will be communicated to the Client as necessary.

Unless specified in the initial consultation:

  1. All images and content to be used within the content area are to be provided to Velvet Web by the Client.
  2. All proofreading is to be done by the Client.
  3. Photography and graphic design are not included.
  4. Photographs supplied to Velvet Web will be used as-is.  Any additional etching or image manipulation required will be additional to the original quotation.

The Client acknowledges that custom coding may sometimes be required to create additional features, including but not limited to interactive features, plugins, and custom form design. If this is a consideration or requirement and it has not been discussed prior to commencement of work, it will be communicated to the Client and a separate quotation will be provided.

All designs are covered by Australian Intellectual Property, Design and Copyright Law.

 

VELVET WEB CMS (CONTENT MANAGEMENT SYSTEM)

The Velvet Web CMS remains the property of Velvet Web.

The Client is responsible for the security of their CMS username and password, and any individual who is assigned the role of site Administrator or WebMaster.

The Velvet Web CMS is a tool provided to the Client which enables the Client to build, manage and administer information displayed on their website. The Administrator must NOT upload, post, publish or distribute:

  1. Content that is unlawful, defamatory, harmful or invasive of another’s privacy or otherwise object, including material that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual.
  2. Content that you do not have the right to distribute under any law.
  3. Content that infringes any patent, trademark, trade secret, copyright or other intellectual rights of any party.
  4. Content that contains nudity, pornographic material, sexual material or material that is obscene in nature without the prior and specific consent of Velvet Web, excluding medical-related content.
  5. Material that contains software viruses or any other code with the intention of interrupting or limiting the functionality of any computer or telecommunication equipment.

The Client acknowledges that the Velvet Web CMS will only be uploaded and made operational onto a Velvet Web web server or other web server approved by Velvet Web and will not be copied and used elsewhere.

The Client acknowledges that the Velvet Web CMS does not come with system upgrades by default. Velvet Web recommends the client subscribe to a software subscription to ensure they receive and are always up to date with the latest CMS developments.

The Client is responsible for any changes that they make to their own website content, be it intentional or otherwise. Websites hosted on Velvet Web servers are backed up regularly. Should the Client wish to have their website restored to a previous version, this can be done at an additional cost. 

Should the Client require help or assistance with content and/or other areas of their website, such as, but not limited to, design and implementation of their website, this will be charged out at an hourly rate. 

Should the Client use any third-party software, code or plugins within the Velvet Web CMS, it is their responsibility to ensure they obtain the correct license required for their particular use of that software, code or plugin. Velvet Web will obtain the correct licenses for any part of the design that we carry out, should we use a third-party service for any design-build we implement. 

 

CUSTOM PROGRAMMING AND DEVELOPMENT

The Client acknowledges that Velvet Web owns the intellectual rights to the code written within the custom-developed/programmed website, unless otherwise formally agreed.

The Client acknowledges that only work that forms part of the quotation will be carried out for that particular job. Any additional development required will be quoted separately and carried out as a separate job.

The price quoted includes minor changes post proofreading. Minor changes include spelling; grammar; consistency; and correction of any errors in the business, its services and/or product information.

Velvet Web will not rewrite code once the job has commenced should the Client change their mind on functionality and framework design.

The Client acknowledges that, due to the nature and complexity of Velvet Web's custom-developed online software, it is a requirement that their new website is hosted on Velvet Web web servers, and hosting on any other server is not negotiable. We guarantee that our prices remain competitive with other Australian web hosting service providers offering server software and hardware of similar quality. For added security and data integrity, Velvet Web chooses to run email on a separate dedicated email server, away from the website.

The Client acknowledges that there may be delays in programming time due to unforeseen circumstances. Velvet Web will not be held liable for an estimated completion time being exceeded. Velvet Web will endeavor to keep the Client abreast of any difficulty in programming or circumstances that may cause a delay. 

 

E-COMMERCE AND SHOPPING CART

Product entry including data and graphics is the responsibility of the Client unless otherwise quoted by Velvet Web.

An SSL or Public Key Certificate is recommended by Velvet Web when trading online. Velvet Web will organise and install the SSL Certificate on behalf of the Client at the cost of the Client.

 

SEARCH ENGINE OPTIMISATION (SEO)

Velvet Web will optimise your website to comply with the search engine algorithms current at the time of the job being carried out.  We do not and can not guarantee the position of your website within the search engine results.

The Client acknowledges that Velvet Web has no control over how the Search Engines display or return information and therefore can not be held responsible for any current or future changes to the position, whether caused by the search engine algorithms or otherwise.

 

GOOGLE AD CAMPAIGN MANAGEMENT

  1. The monthly advertising budget the Client has agreed to will be charged each month directly from Google.
  2. Underspend from one month will be rolled into the following month.
  3. Should the daily maximum budget be reached, advertising will cease for the remainder of that day and recommence the following day.
  4. Should the Client choose to close their Google account, any credit being held by Google will be refunded.
  5. Velvet Web will use best practice which may be restricted by your budget to bring traffic to your website.  We do not guarantee that search engine advertising services will increase business sales or enquiries.
  6. The campaign set up fee will form part of your quote.  This fee is non-refundable once the service has commenced.
  7. The Client authorises their credit card to be used by Velvet Web in the set up of their campaign account and to be debited each month as per the Client’s agreed monthly spend, until such time as the Client chooses to stop the campaign.
  8. The Client acknowledges that if they choose to stop a campaign within an active month, any credit they may have will be held by the campaign account and released once the campaign has been terminated.
  9. Velvet Web manages the Client's account exclusively via our own management console. Requests by a third party to our console will be denied.

FACEBOOK ADVERTISING

  1. The monthly advertising budget the Client has agreed to will be charged each month directly from Facebook.
  2. Should the daily maximum budget be reached, advertising will cease for the remainder of that day and recommence the following day.
  3. Velvet Web does not guarantee that advertising on Facebook will increase business sales or inquiries.
  4. The campaign set up fee will form part of your quote.  This fee is non-refundable once the service has commenced.
  5. The Client authorises their credit card to be used by Velvet Web in the set up of their campaign account and to be debited each month as per the Client’s agreed monthly spend, until such time as the Client chooses to stop the campaign.
  6. Velvet Web manages the Client's account via our own management console. Requests by a third party to our console will be denied.

Velvet Web does not lock Clients into contracts, however, our management fee is billed per month and once service has commenced that month’s fee is non-refundable.

 

DOMAIN NAME REGISTRATION

Velvet Web does not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.

If your application is deemed fraudulent through a fraud detection and prevention mechanism in the domain registration process, we may require the registering party to supply Photo Identification to verify their identity. Accepted Photo Identification methods are Passport or current Driver License.

Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.

We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name and/or to make appropriate representations to the relevant naming authority.

 

HOSTING/EMAIL/SECURE WEBPAGES/VIRUS PROTECTION

Velvet Web specifically exclude any warranty as to the accuracy or quality of the information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that:

 

  1. you will not, nor will you authorise or permit any other person to, use the Server in violation of any law or regulation;
  2. you will not knowingly or recklessly post, link to or transmit any material;
    1. that is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane or otherwise objectionable in any way; or containing a virus or other hostile computer program;
    2. that shall constitute or encourage a criminal offense, give rise to civil liability or that violates or infringes any trademark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction; and
  3. you will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end-users, make excessive or wasteful use of the Server to our detriment or that of our other customers. Velvet Web reserves the right to suspend your service at the time of service abuse prior notification and to terminate post 3 events of suspension of the service as a result of ongoing lack of resolution of the issue associated.
  4. You are responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misrouting or any other failure of email. In the event of deliberate transmission of an unsolicited commercial email (UCE), Velvet Web reserves its right to terminate services without prior notification.
  5. You warrant, undertake and agree that:
    1. any transactions within your Web site which are contracts for the sale of goods or services will be between you as the merchant and your end-user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate;
    2. the information contained within your Web site will comply with all applicable law, and codes of practice governing the use of Web sites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force;
    3. you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Notwithstanding such notification, you will be liable for any and all uses of your account (and Web site) notwithstanding any fraudulent or improper use of your password or any other access to any of the facilities we offer which are not unauthorised use or access by us.
  6. Whilst we shall use reasonable endeavors to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.
  7. We do not warrant whatsoever that our virus protection services will stop every virus from reaching your computer network. We make no warranty that the service will be error-free or free from interruption of failure, and the company expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.
  8. Whilst we shall use best practices to ensure the integrity of your data is maintained upon website file transfer to our web servers, we cannot guarantee any data will not be lost.  We recommend the client organise back up their own site and files prior to commencement of transfer.
  9. All hosting plans are subject to general resource and usage monitoring. The following usage items are expressly prohibited:
    1. Any action or process that unreasonably consumes resources degrading the shared environment for other users is subject to review. This includes but is not limited to the execution of scripts (PHP,ASP.NET,CGI/PERL, FTP, HTTP, database connections and the like).
    2. Running standalone, automated server-side processes including, but not limited to any daemon.
    3. Running any bit torrent application, tracker or client.
    4. Participating in file-sharing or other peer to peer sharing activity.
    5. Executing any script for longer than 180 seconds.
    6. Executing any database query that takes longer than 30 seconds to complete.
    7. Specifying cron tasks that execute more frequently than every 300 seconds.

Velvet Web reserves the right to host the Clients' website on Velvet Web web servers. We guarantee that our prices remain competitive with other Australian web hosting services offering server software and hardware of similar quality. For added security and data integrity, Velvet Web chooses to run email accounts on a separate dedicated email server, away from the website.

 

CONTENT WRITING

Price includes one (1) final minor change post proofreading unless quoted otherwise.  Minor changes include spelling; grammar; consistency; and correction of any errors in the business, its services and/or product information. Content writing services are final and no refunds or credits are available once the service has been carried out. Any additional content writing may be done at an additional charge and this will be a separate quotation.

 

PHOTOGRAPHY

“Basic photography” means images that do not need to be etched or manipulated in any way.  Basic photography is provided by Velvet Web by quotation.

“Product photography” means images of products and/or goods.  Product photography requires etching and manipulation and will be quoted separately.

 “Professional photography” means a professional artistic shoot and will be contracted to a professional photography contractor.

 

GRAPHIC DESIGN

Graphic Design work refers but is not limited to photos needing etching or manipulation, logo design, something unique that does not form part of the standard website design, promotional and stationary material destined for print. Any additional graphic design work required will be discussed with the Client and quoted separately.

 

OTHER CONDITIONS

Velvet Web reserves the right to use a third party contractor for services or any part thereof on behalf of Velvet Web.

The Client acknowledges that the services are to be provided by Velvet Web and that in the event that Velvet Web is unable for any reason to carry out or engage a contractor to carry out the service, Velvet Web is entitled to rescind this agreement within 21 days without penalty in which event any money paid by the Client shall be refunded in full.

The Client acknowledges that Velvet Web is not responsible for the operation and maintenance of the Client’s hardware and software, including operating system, browser, software updates, and any 3rd party software installed or used in the development of the product.

Velvet Web is not responsible for the Client’s data integrity, corrupt databases, service interruptions or internet downtime.

Website file and database backup and restore is an additional service that will be charged accordingly. 

The Client acknowledges that any images and fonts which are provided to Velvet Web and used in the design of the Client’s website are in fact owned by the Client and do not infringe any copyright law.

The Client acknowledges that Velvet Web is not responsible for any losses incurred by the Client in the event of a cyber attack, data breach, or misuse of their website or web application. In the event of any such occurrence where the website and/or data would need to restored from backup, the Client acknowledges that the restoration works will incur a fee. 

 

CONDITIONS OF PAYMENT

For the $649 website special, payment is due prior to the commencement of work with a money-back guarantee (see $649 WEBSITE SPECIAL conditions above).

For all other work, see conditions below:

A 20% deposit on quotation price prior to commencement of work is required. Deposit is non-refundable once service has commenced. Progress payment of an additional 40% is required prior to the new site being uploaded to the Client’s hosting service. Final 40% is required once the site is live. 

Velvet Web prefers payment via Direct Deposit.  Should the Client choose to pay via credit card or PayPal, this will incur a 2.7% surcharge. 

Should the content required from the Client in order for Velvet Web to complete the service fail to be forthcoming within 10 working days after commencement of the design build, a progress payment will be requested by Velvet Web. The amount is discretionary, depending on the job.

Should content required from the Client in order for Velvet Web to complete the job fail to be forthcoming within 20 working days, the final payment will be requested by Velvet Web.

If any sum payable is not paid on or before the due date, Velvet Web reserves the right to suspend the service we are providing to you.

 

CONFIDENTIAL INFORMATION

Velvet Web is committed to the information privacy principles contained in the Freedom of Information Act 1982 and the Information Privacy Act 2000.  Velvet Web will comply with the privacy principals contained in the Commonwealth Privacy Act 1988 (irrespective of whether or not they are legally binding on Velvet Web).  Velvet Web also agrees to comply with any directions regarding privacy given to Velvet Web by the Client or by a Privacy Commissioner that is relevant to the Contract between Velvet Web and the Client.