Terms and Conditions of Bonzawebsites Service.
This is a legal document.
By placing an order with Bonzawebsites, you confirm you agree with and are bound by the terms and conditions below.
The customer (also referred to as “you”): The company or individual requesting the services of Bonzawebsites and paying for the work.
Bonzawebsites (also referred to as “we/us/”): Business partners/owners and any employees or affiliates.
1. Provision of Services
1.1. Bonzawebsites (address 42 Stuart Street, Eastern Heights, Qld 4305, Australia, ABN 21 191 482 288) will carry out work only where an agreement is provided by email, mail, or another digital text format. An 'Order' is deemed to be a written contract between Bonzawebsites and the customer. This includes written proposals, quotes, submission of our Website Instructions form and email agreements.
1.2. Bonzawebsites may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them e.g. e-commerce software, PayPal, Google AdWords etc. By applying or using any service offered by Bonzawebsites you must agree to this agreement and any agreement of our third party suppliers.
1.3. Only those services mentioned in the Project Order will be provided by Bonzawebsites and any amendments, add-ons or schedule changes must be agreed to in writing. This and the following clauses are the General terms and conditions on which those services are supplied and together with the agreed Order form the total agreement between us.
1.4. While the customer is not required to have all their content and images ready when they place the order, Bonzawebsites cannot be held responsible for delays caused as a result of not having received required information from the customer. “Required Information” includes feedback on work already carried out by Bonzawebsites.
1.5. Delivery timescales quoted start from the point Bonzawebsites has all of the customer’s requirements, content, images etc. Bonzawebsites is not responsible for any lost emails. So that the customer can be sure Bonzawebsites has received all their emails, Bonzawebsites will try to respond to all customer emails in a timely manner. If the customer does not receive a response from Bonzawebsites within 2 working days, the customer should contact Bonzawebsites again as it may be that the customer’s email did not get to Bonzawebsites.
1.6. If after 30 days (from purchase) the customer has not signed off on the site, Bonzawebsites will send an email to the customer giving them 14 days to provide any missing content, images, links, feedback, so that the site may be completed. After these 30 days have elapsed Bonzawebsites will spend no longer than the quoted delivery timescale working on the website. If the customer is unable to provide all of the required information within these 30 days, the site will be removed from Bonza development servers and a refund will not be given.
1.7. If there is already a website at the domain specified for the website created by Bonzawebsites it is the customer’s responsibility to make a backup of the old site should they wish to keep the files.
2. Costs and Payments
2.1. You must pay all charges as set out in the Order and associated invoices. Cost estimates are valid for a period of 30 days. Please request confirmation of costs if accepting an estimate after that period.
2.2. You will remain liable for all fees during any period when services have been discontinued or suspended due to a failure on your part to comply with these terms and conditions.
2.3. You will be invoiced according to the payment schedule in your order. All accounts are payable on receipt.
2.4. All intellectual property rights remain with Bonzawebsites until payment. We are entitled to recover (on a full indemnity basis) any costs, fees and charges (including legal costs) incurred in recovering any amounts owing by you to Bonzawebsites.
2.5. You must pay Bonzawebsites’ charges without any set-off, counter claim or deduction unless agreed in writing between us.
2.6. Agreed costing is conditional on you supplying information or feedback at agreed stages of the project. Bonzawebsites reserves the right to revise costing if this condition is not met.
2.7. No final files will be delivered until invoices are paid in full. Payment by cheque will entail waiting for clearance before supply of files. Delivery is defined as: Supply of final digital files uploaded to server. Original design/development files remain the property of Bonzawebsites unless arranged otherwise.
2.8. Liaison with external suppliers such as printers, and Internet Service Providers (ISPs) is charged at our current rate per hour, unless specified otherwise in the proposal or as part of a Support Agreement.
3. Limitation of Liability
3.1. All terms conditions, warranties, undertakings inducements and representations, whether express or implied, statutory or otherwise relating to the provision of services by Bonzawebsites not contained in the Agreement are excluded and Bonzawebsites WILL NOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL LOSS OR DAMAGE) HOWEVER CAUSED (WHETHER BY NEGLIGENCE OR OTHERWISE) WHICH MAY BE SUFFERED OR
INCURRED OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY with respect to the service.
3.2. Where any applicable legislation implies any term, condition or warranty into the Agreement or in respect of Bonzawebsites’ relationship with you, or otherwise gives you a particular remedy against Bonzawebsites and the legislation or any other legislation renders void or prohibits provisions excluding or modifying the application of, exercise of, or liability under such implied term, condition, warranty or remedy will be deemed to be included in the Agreement or as the case may require apply to the relationship between Bonzawebsites and you. However, Bonzawebsites’ liability for any such breach of such implied term, condition or warranty or under such remedy, will be limited, at Bonzawebsites’ option, in any one or more of the ways permitted in that legislation, including, where so permitted if the breach relates to services the supplying of those services again or the payment of the cost of having those services supplied again.
3.3. You acknowledge that websites cannot be guaranteed to be 100% error free in construction and acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate this agreement.
4. Suspension of Services
4.1. Bonzawebsites reserves the right to suspend services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us websites may be taken down until payment is confirmed. You acknowledge that should we not receive renewal payment prior to the date of expiry we reserve the right to suspend services immediately without notice. We may provide a 30 day grace period whereby we will hold your information and data on our servers. Should this period expire without payment we reserve the right to terminate our service and purge all data pertaining to your account.
4.2. Bonzawebsites may from time to time and without notice or liability to you suspend any of the services if the reason for doing same is an event beyond the reasonable control of Bonzawebsites.
5.1. Bonzawebsites may discontinue services if an amount payable to Bonzawebsites is overdue, or take down a website permanently in any case where an amount payable is overdue by more than 30 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties.
6. Contents of Web Pages, Software Applications and other Undertakings
6.1. You will be solely responsible for the content of your Web Pages/undertakings. Bonzawebsites is not responsible for proofreading any content for websites, software apps, marketing materials or other undertakings unless specifically agreed.
6.2. Bonzawebsites makes no representations to you concerning the content or functionality of your Website, software application or other deliverables. It is your responsibility to ensure that it meets your requirements.
6.3. If you provide Bonzawebsites with goods, material, photographs, video, data or information to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify Bonzawebsites against any action taken against Bonzawebsites by any such third party.
6.4. Without limiting the generality of the foregoing, you agree not to infringe the copyright trademark, privacy or personal or proprietary rights of third parties, supply libellous, abusive, obscene material or disparage the products or services of any third party.
6.5. Bonzawebsites undertakes not to knowingly infringe the rights of third parties in activities conducted on your behalf.
6.6. You are solely responsible for dealing with persons who access your data or webpage and warrant that you will not refer complaints or enquiries in relation to such data to us.
6.7. If you choose a Wordpress website package the customer may only select plugins from Bonzawebsites recommended list. If the customer would like the installation and configuration of other plugins this can be done for an additional fee.
6.8. Not all plugins work on all themes. A plugin selected by a customer may therefore not work on the customers chosen theme. If this occurs Bonzawebsites will install an alternative plugin with similar functionality as the original plugin chosen. Website packages do not include entering content into any posts. If the customer does not need to use all of the ‘pages’ within the package, Bonzawebsites can populate a post instead of a page. If the customer has previously blogged and has lots of posts to migrate from elsewhere, a fixed cost quote can be given for the import.
6.9. Customizations made to the theme or plugins may be lost if a theme or plugin is updated after the website is installed at the customers domain. Updates from theme or plugin authors may overwrite the code changes made by Bonzawebsites. Bonzawebsites accepts no liability for customization losses incurred as a result of an update, upgrade or other actions performed by the customer or other party. It is advised that customers take a backup of their site prior to any upgrade. Bonzawebsites can carry out theme and plugin upgrades for an additional fee to ensure no customizations are lost. Maintenance or support is available at extra cost.
6.10. Bonzawebsites is not responsible for any customizations or changes carried out by the customer after the site is made live on the internet.
6.11. Though Bonzawebsites may keep customers development sites active for a short period of time after the site has been migrated to the customers domain, it cannot be relied upon as a backup or test environment for future development work.
6.12. PayPal - The customer will need to sign up for an account with PayPal, and go to the Merchant Services area to create your buttons. Once buttons have been created, PayPal will provide code. The customer is to send this code to Bonzawebsites, who will insert it into the appropriate place on the new website which will be either in the body or in a widget area of the website.
6.13. New website packages do not include setting up an autoresponder list or campaign, only adding the autoresponder form to the website. The customer will need to sign up for an autoresponder such as Constant Contact, Aweber or MailChimp and create a list and campaign. The autoresponder will provide code that the customer can pass on to Bonzawebsites to insert into the sidebar, other widget area or the body of a page. Bonzawebsites will not edit the autoresponder code as part of the package, but will provide dimensions and colour codes to aid the customer in creating a form that fits and works well with the customer’s new website.
6.14. Bonzawebsites does not provide images. Bonzawebsites will crop and resize images provided by the customer so that they work with the new website. We do not include any further image editing beyond cropping and resizing. Bonzawebsites is not a specialist in graphic design, though some graphic design work can be done if required for an additional fee.
6.15. Bonzawebsites does not offer copywriting services. Bonzawebsites is unable to write any of the content for the customer. Bonzawebsites will insert text provided by the customer into the specified web pages and format it so it is consistent with the rest of the website.
6.16. Bonzawebsites is not responsible for damage caused by hackers, viruses or other malicious attacks on the website once it has been handed over to the customer.
6.17. Duty of Care - Bonzawebsites goes to great lengths to run "clean systems" to help avoid the transmissions of viruses and trojans. If you have a CMS or E-Commerce store, you should also be thinking about extending this same duty of care to your website users by making sure you keep your web browser, virus protection software and operating system up-to-date. This is especially important if you have a Windows computer. Not doing so can expose your website to hackers (especially if you have FTP access) and your visitors to computer viruses.
6.18. All prices quoted are in Australian Dollars (AUD).
6.19. If you require a website which can accommodate custom content for multiple screen resolutions (e.g. mobile and desktop), this can be provided for an extra cost.
6.20. Depending on what internet browser you’re using, you'll find your website looks slightly different. Likewise it will also have other small variations on your iPad, Mac or Android mobile. The reasons for this are complex and come down to things like how your operating system anti-alias's text and the available font set on your computer. Given this, it is important to factor in your website won't look identical on every screen you view it on but we do go to great lengths to ensure that despite small variations, the website does appear as consistent as possible - where possible.
6.21. In most cases we try to avoid using Flash player. We do so because it can cause browser instability, it slows down page loading time, increases your page weight and doesn't work on mobile devices like the iPhone and iPad. Sometimes however, Flash is still the best tool for the job, and in these cases, we will use it sparingly if required.
6.22. Occasionally after we've done some site updates our customers report back to us that they can't see them. In this case, it will be handy for you to know how to clear out your cache so that you can see the latest version of your website, every time you go there. To do this, you will need to know what web browser you are using and how to clear your cache.
7. Web Hosting, Domain names and Technical Support
7.1. If you requested Bonzawebsites to purchase the domain and made a typo or spelling error, you are responsible for the cost of that incorrect domain name and for purchasing the correct domain name. There will be no refund for errors as the fees are to a third party, the domain registrar, not Bonzawebsites.
7.1. If you choose to organise your web hosting arrangements yourself, final sites will be uploaded by Bonzawebsites to your preferred host company and website support and/or backups will be provided by the hosting company according to their terms and conditions of service. Website construction files can be supplied by Bonzawebsites on request based on fees negotiated for your project. It is your responsibility to pay for and renew website hosting and to ensure the web hosting meets the technical requirements for your website. Bonzawebsites can provide guidance for technical requirements on request.
7.2. If you choose to organise your domain names yourself, you are responsible for ensuring these are renewed and paid for on time. Bonzawebsites cannot be held responsible for website downtime or loss of domain name ownership due to your failure to renew the domain or pay domain renewal invoices.
7.3. If Bonzawebsites organises your web hosting and/or domains, you will receive an invoice 30 days in advance of the renewal date. You must pay this invoice before the renewal date; otherwise Bonzawebsites cannot guarantee your services will be renewed.
7.4. Please note that Bonzawebsites accepts no responsibility for delays, down time, breakdowns or data loss caused by Internet Service Providers (ISPs), hosting/telecoms companies or other suppliers.
8. Dispute Resolution
8.1. The parties agree that if any dispute should arise under this agreement, attempts in good faith by both parties will be made to resolve the matter fairly before resorting to court procedures. In doing so, each party agrees to use its best endeavours
- Clearly communicate in writing the background facts leading to or causing the dispute
- Set out clearly what action is required to settle the dispute
- Suggest a way of resolving the dispute and explain why that way of resolving the dispute can be said to be a fair resolution
- Discuss specific means of avoiding such disputes in the future
8.2. Attempts to resolve the dispute must follow the following procedure:
- The person complaining shall set out in writing the background, issues and outcome desired
- The person to whom the complaint is addressed will reply in writing within 10 business days to each issue in dispute setting out its perspective on the issue and the outcome desired
- If the dispute is not resolved in accordance with this exchange of written issues and outcomes, then the complainant will raise the matter with a neutral professional adviser or Alternative Dispute Resolution (ADR) provider listed in a relevant publication of the Department of Workplace Relations and Small Business or similar government department within 10 business days
8.3. If the dispute is still not resolved, the matter shall be referred to a single agreed arbitrator within 10 business days; whose decision shall be final.
8.4. In the case of disagreement on the appointment of a single arbitrator, then the parties shall be entitled to nominate one independent arbitrator with 7 days of disagreement and a coin will be tossed by an independent person to decide which will act as arbitrator of the dispute.
8.5. Action taken to settle the dispute at each stage must be undertaken promptly and the parties shall equally share the costs associated with the dispute settlement procedure.
9. Intellectual Property
9.1. All creation files remain the property of Bonzawebsites unless agreed otherwise by separate negotiation.
9.2. Bonzawebsites retains the copyright in and the right to use all artwork created in advancing the profile of Bonzawebsites and to be recognized as artwork created by Bonzawebsites.
9.3. Bonzawebsites shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute any item created by Bonzawebsites for you unless specifically agreed otherwise. Further, Bonzawebsites shall be free to use any ideas, concepts, know-how or techniques acquired in construction of your website or other undertakings for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.
9.4. Bonzawebsites observes privacy laws and guidelines relating to personal data.
10.1. If any of these terms and conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of the agreement between us. The remaining terms and conditions remain in full force and effect.
10.2. Written communications between us may take the form of letters, formal documents, text messages, social/business networking messages, or emails.
11. The following Terms and Conditions apply to SEO Services
11.1. Bonzawebsites offers On-Page optimization SEO services. Every website we build is built with the best search engine optimisation practices in mind. Because of this, many of the websites we build end up on the first page of Google for their desired search terms without any further work.
11.2. For our CMS and E-Commerce customers, we provide the tools you need to allow you to fine-tune your search engine performance. This includes being able to change meta data, modify content and better expose the words you want Google to associate with your site.
11.3. Bonzawebsites does not guarantee any specified increase in the number of new prospects or customers.
11.4. Bonzawebsites does not guarantee any specific increase in web traffic or sales, or any precise placement or ranking with specific search engines.
11.5. Bonzawebsites is not liable for any loss of engine ranking(s) that arise from the employment of features or techniques that have been added to the customer site(s) by a third party and without Bonzawebsites approval or knowledge.
11.6. Bonzawebsites is not accountable for any third party SEO services employed on the customer site before or during this service agreement.
11.7. The customer shall not employ the services of any submission company during the same period Bonzawebsites provides search engine optimization services.
11.8. The customer agrees not to create or have created any duplicate sites, duplicate content or pages, redirects or doorway pages to their website while using Bonzawebsites SEO services.
11.9. The customer agrees that the customer has not requested or exchanged links with any link farms or undertaken any spamming techniques which may harm the web sites search engine ranking on any of the search engines.
11.10. The customer gives Bonzawebsites the authority to submit the web site pages being promoted to search engines and directories.
11.11. The customer guarantees Bonzawebsites at all times that the material included in the website:
- Is original content written by the customer or other party on behalf of the customer.
- Content written by other persons is reproduced only with permission or citation of original source.
- Is not obscene or promoting prejudice.
- Does not mislead the audience with inaccurate marketing and promotional activities.
- Does not contain any misleading price or data comparison information.
11.12. If Bonzawebsites creates any user accounts for the benefit of the work being carried out then the security email address or reset password email address where possible will be the customers email address, thus giving the customer full control. All user accounts opened for the customer will be documented and provided to the customer in an email.
12. The following Terms and Conditions apply to Support and Maintenance
12.1. The customer is legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”) uploaded, posted or stored on the customer’s website.
12.2. The customer is responsible for securely managing the customer’s password(s) for access to the website. If the customer becomes aware of any unauthorized access to the customer’s website account, theft or loss of your password, the customer agrees to contact Bonzawebsites as soon as possible.
12.3. The services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the services. The customer agrees to receive these updates automatically as part of the services.
13. The following Terms and Conditions apply to Online Marketing Services
13.1. Bonzawebsites does not guarantee any specified increase in the number of new prospects or customers.
14. The following Terms and Conditions apply to Website Redo Services and other Consultancy Services
14.1. In case of any damage or data loss or any legal dispute will take place during the course of website development or any website work, any kind of loss like Finance OR brand OR profit of customer. Bonzawebsites is not bound to reimburse against the loss incurred to customer.
14.2. The use of e-mail shall be considered by both parties as constituting written communication between parties.
14.3. Bonzawebsites does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:
- We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
- Business Transfers: As we continue to develop our business, we might sell or buy services, stores, or assets. In such transactions, visitor information is usually one of the transferred business assets. Also, in the unlikely event that Bonzawebsites is acquired, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
- Credit card information will never be disclosed by Bonzawebsites and follow the conditions of use established by Visa, Mastercard, Amex, and PayPal.
14.4. Bonzawebsites reserves the right, in its sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.
Privacy and Disclaimer
Bonzawebsites will not sell or distribute your personal or company information to anyone. Bonzawebsites will take reasonable precautions to prevent the loss, misuse or alteration of your personal or company information.
Where a website contains links to other websites, Bonzawebsites is not responsible for the privacy policies or practices of third-parties.
While Bonzawebsites makes every reasonable effort to ensure the accuracy of the content within websites, such information and advice is provided with no express or implied warranty. To the full extent permitted by law, Bonzawebsites accepts no liability for any loss or damage, incurred or suffered by the reader as a result of their reliance upon such information or advice.
The content of Bonzawebsites’ website is meant to be used for informational purposes only. No liability or responsibility for errors or omissions is accepted by Bonzawebsites. In the event you do find errors, please contact Bonzawebsites so they may be rectified.
Bonzawebsites is not responsible for the content of third-party websites referred to, or linked to, by Bonzawebsites in terms of their appropriateness, correctness, accuracy or reliability.
Please note, some of the links to external products and services mentioned within websites are affiliate links. This means Bonzawebsites makes a commission if you decided to purchase. However, please rest assured that Bonzawebsites only recommends products that we have either tried ourselves or based on our research feel would be a good fit for Bonzawebsites customers.