By visiting our website and using the products and services offered by us, OzyWebDesign.com.au through this website, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should leave this site immediately and delete all the details (cookies, links, etc.) from your browser and local machine’s temporary folder that are related to this site. The term “Ozy Web Design Website Design Service ”, “OzyWebDesign.com.au”, “OzyWebDesign”, “our, and “us” refers to OzyWebDesign.com.au Web Design Service, the owner of this website, https://www.OzyWebDesign.com.au. The term “user”, “you” refers to the user or viewer of this website. It is your own responsibility to check updated terms and conditions statement before using our services, products or contents.
Introduction
This Agreement contains the complete terms and conditions that apply to you in joining, buying, bidding, selling and all other activities you will make in our website. By using or shopping from this Web site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to you end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
Copyright
OzyWebDesign.com.au offers different kind of services through its website, https://www.OzyWebDesign.com.au and we reserve all of our rights in every services and software offered thereby including site design, logo, graphics, scripts and software originally created by us.
All the contents including web design services and web development software applications offered in this site are the property of OzyWebDesign.com.au and it is protected by the copyright and/or other intellectual property laws of Australia and internationally.
All images and content used on clients websites will be the responsibility to the respective client and OzyWebDesign.com.au is not necessarily liable for the image/content publish on their websites.
All graphic designs, logos, and artworks created by OzyWebDesign.com.au remain the copyright of the client after signing the Final Sign-Off agreement.
All graphic designs, logos and artworks provided for FREE remain the copyright of OzyWebDesign.com.au.
If graphic design, logo and artwork has been purchased, this will need to be signed off separately or explicitly mentioned in the web design and development Final Sign Off agreement.
Trademark Information
OzyWebDesign.com.au, its trademarks, service marks and other service names and product names are trademarks of OzyWebDesign.com.au. Other names of companies and products mentioned herein are or may be the trademarks of their respective owners.
License Specifications
OzyWebDesign.com.au offer licenses to use its design and development products to the clients. The license holder is the legal owner of the OzyWebDesign.com.au’ product. But the source code of the product is not sold, only licensed. The copyright holder retains the property rights on the software itself.
All of our ASP/PHP/HTML/CSS/Javascript web application products has bundled with life time product license for its paid customers. Product Licence can be obtained in two type: Single Site License and Unlimited Site Licence. User who is granted for Single Site Licence can not use the product in more than one website. Unlimited Site Licence allows the user to use the products in unlimited websites. Repackage in full or any part of the product including source code and images as your own work and redistribute for profit is not allowed to both type of licensed users. Unlimited Site License holders may use the product including source code and images in their web development project for both commercial or non-commercial use.
All graphic designs, logos, and artworks created by OzyWebDesign.com.au remain the copyright of the client. All graphic design, logo and artworks that has been purchased by OzyWebDesign.com.au remains the copyright of the company it has been purchased from, and the client is permitted a licence to use it on their website free of charge for the life of the original website it was purchased for.
License Agreement
The license describes the conditions under which you may use our web development software applications. If you are unable or unwilling to accept these conditions in full, then, notwithstanding the conditions in the remainder of this license, you may not use the software at all.
As a paid user, you are granted a lifetime license to use our product for both commercial or non-commercial use under the condition expressed above in License Specifications. All rights including source code of the products that are not expressly granted here are reserved by the author, OzyWebDesign.com.au.
If any terms are violated, OzyWebDesign.com.au reserves the right to revoke the license at any time. No refunds will be granted for revoked licenses.
Payment Terms
A 50% upfront payment is required for all web design and development projects, unless an alternative contract or proposal specifies a different amount. Some of our services require an upfront payment before work commences or the agreement to start a project. The outstanding balance must be paid upon final design sign-off or when a project is finalised.
Changes or udpates to the clients website
Acceptance of design approval/sign-off confirms that you have contracted OzyWebDesign.com.au for the project described. After signing design approval/sign-off document, any changes in the requirements and/or specifications of the approved design will fall outside of the original contract and will be billed at the rate of $80 per hour.
During the website development period prior to Final Sign-Off, the client can request the content changes for up to 3 times because 3 reviews are more than enough for any small or medium sized business website.
Once the website is completed and transferred to the client, the client can make changes to their website contents by themselves using the CMS included with the website.
Requesting changes for more than 5 times exceeds our fair use policy and will be billed at the rate of $80 per hour after notifying the client.
Cancellation and refunds
We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the applicable laws.
Cancelling the project after approval to start and a 50% deposit has been paid, this is non-refundable and will act as the cancellation fee.
Cancelling the project prior to completion may result in part or full payment for the project based on the level of completion at the time of cancellation.
If a debt collector service is required to pursue any overdue balance payment, a $80 admin fee will be added to the outstanding amount.
Non-disclosure
OzyWebDesign.com.au and any third party associates agree that, except if directed by the client, by the court or by any other law enforcement agency, it will not at any time during or after the term of this agreement disclose any confidential information in any manner.
Privacy Policy
Your privacy is very important to us and we use our clients’ personal information in order to communicate with them in accordance with the Privacy Act 1988. Please read the privacy policy page to know how we collect your personal data.
Fair Use Policy
The intention of our service is to support all our customers whether small business or sole trader who are seeking to get online with a hassle-free experience. If we feel that a client is using our web design, web hosting or support services excessively, we reserve the right to limit the service or apply additional charges.
Content Changes – we consider fair use that is included in your website to be 5 or fewer revisions prior to Final Sign-Off. We will apply additional revision charges at the rate of $80 per hour.
One Month Free Support – we consider fair use that is less than 4 content changes for normal projects that do not require 5 reviews before signing off.
Web Hosting and Email Hosting Policy
The web hosting and email services are provided on an “AS IS, AS AVAILABLE” basis. OzyWebDesign.com.au gives no warranty, express or implied, for the web hosting and email hosting services provided.
OzyWebDesign.com.au is not responsible for any damages arising from the client’s use of web hosting and email hosting services for any reason.
The client is solely responsible for maintaining their website files, database, emails backups.
Liability
While we will make every efforts to design a website to client specifications with the intention of assisting clients to succeed with their website on the internet, we cannot guarantee success.
OzyWebDesign.com.au or owner, its employees, other contracted web developers cannot be held liable for the failure of a website as a venture.
We reserve the right to refuse our services if a website contains sexually explicit, violent, unethical, fraudulent, illegal, warez, file sharing, drug, alcohol, guns, political, hate or questionable content.
We reserve the right to refuse or cancel our existing services to the clients if deemed appropriate for the overall benefit of our OzyWebDesign.com.au. We can not be held liable for any loss of business or upset created by cancelling a client’s service.
Indemnity
You agree to indemnify and hold OzyWebDesign.com.au, its employees or its sub-contractors harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against OzyWebDesign.com.au, arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this website.
Severability
In the event that any provision of this Terms and Conditions is declared by any judicial or other competent authority to be void, voidable, unenforceable, or illegal or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Terms and Conditions and the remaining provisions of this Terms and Conditions shall remain in full force and effect.
Payments and Processes of Invoices
OzyWebDesign.com.au has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by OzyWebDesign.com.au prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, PayPal or wire/bank transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoice separately. OzyWebDesign.com.au has all the discretion to cancel or deny orders. OzyWebDesign.com.au is not responsible for pricing, typographical, or other errors in any offer by OzyWebDesign.com.au and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date.
All prices for products and services are ex GST.
Risk Of Loss
All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Pricing & Descriptions
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of mis-priced in our catalogs in which the item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition.
Editing, Deleting and Modification
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Acknowledgment Of Rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, de-compile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
Fraud
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Ozy Web Design shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
Warranty Disclaimer and Limitations of Liability
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages.
We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.
Confidentiality
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of OzyWebDesign.com.au. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Non-waiver
Failure of the OzyWebDesign.com.au to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
Miscellaneous
This Agreement shall be governed by and construed in accordance with the substantive laws of Melbourne, Australia, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Melbourne, Australia, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
(last updated 4/8/2021)
