Terms and Conditions
All design copyright remains the property of By George Digital Design until all monies are paid in full.
CLIENT WEBSITE TERMS AND CONDITIONS: Please note any changes to the brief will invalidate these quoted prices. Prices and times estimated are subject to final inspection of code, graphics, files and materials supplied or further instructions supplied and may vary. All author’s corrections or changes to scope after initial concept/site plan or design has been approved and signed off will be charged for at our standard hourly rate.
Any computer files created in the production of this job remain copyright of By George Digital Design ©2009 with the exception of graphical designs which have shared copyright ownership between you the client and By George Digital Design, unless otherwise arranged. You may not redistribute, sell or reverse engineer versions of this software. The software whether on disk or on any other media is licensed, not sold, to you by By George Digital Design. This licence allows you to use one copy of the software on a single domain name at a time on the By George Server Hosting package provided you are paying any hosting or monthly fees due to By George Digital Design. By George Digital Design retains ownership of the Intellectual property for the software itself. You may make a transfer of all of your licence rights to By George Digital Design to another party provided that you do not retain any copies of the software, full or partial and that the party receiving the software reads and agrees to accept the terms of this licence. Your rights under this licence will terminate automatically without notice if you fail
to comply with these terms. Upon termination you shall cease use of the software. Aside from the laws limitations in no event shall By George Digital Design be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses arising out of or related to your use or inability to use this software however caused, regardless of the theory of liability (contract or otherwise).
You expressly acknowledge and agree that use and performance of the software is at your sole risk. The software is provided ‘AS IS’, with all faults and without warranty of any kind. No written information or advice given by By George Digital Design shall create a warranty.
By George Digital Design does not warrant that the software will be uninterrupted or error-free or that defects in the software will be corrected. Should the software be defective you assume the entire cost of all necessary servicing, repair or correction.
1) By George Digital Design CMS is designed to run optimally on the GO Hosting package. If it is required to be hosted on other 3rd party servers By George
Digital Design cannot warrant all features will operate correctly as this depends on what software and systems are available on this 3rd party hosting package. Please enquire for a detailed description of what is involved. An additional quote will need to be supplied to install the encrypted software on this 3rd party
hosting solution.
2) The completion date for a website is a maximum of 8 weeks from the date of the initial payment being received. If a website project is delayed by you the client by way of you not supplying necessary content or not contacting By George Digital Design with answers to designers or programmers queries or you not supplying necessary user-names, passwords or registry keys or you not signing off designs within a reasonable time frame then the website is deemed to be finished and full payment is required.
3) Payment - (a) Final payment shall become due upon completion of any work (unless it has been paid for in advance) or earlier notification to the customer that the work has been completed. Unless otherwise stated by By George Digital Design, in writing, no discount shall be allowed.
Unless otherwise stated in writing by By George Digital Design, interest at the current Suncorp Bank overdraft rate will be charged on overdue accounts.
(b) In the case of the first transaction between the parties, the value of the order shall be paid on acceptance of the quotation or the lodging of the order (whichever shall be later), unless otherwise stated in writing to By George Digital Design.
(c) The suspension by the customer of any work, for any reason, for a period exceeding thirty (30) days shall entitle By George Digital Design to payment for work already carried out, materials specially ordered for that work and other additional costs, including storage.
(d) In the event that By George Digital Design is required to engage the service of any mercantile agency (Debt collector) to effect collection of any amounts due to By George Digital Design then all collection expenses and associated charges shall be borne by you as the purchaser.
(e) If you the client have any automatic payments and or Direct Debit systems put in place to By George Digital Design/GO Hosting, that are outside of a nominated contract period and you wish to cancel these payment By George Digital Design require notification in writing. Allow up to 30 days for these changes
to take place.
4) While we will endeavour to achieve the best traffic results possible the final results are ultimately under the control of the search engines themselves. Results will vary and may take up to three months to start showing. By George Digital Design does not make any guarantees as to positions, success or traffic gained from the search engines. NOTE: Google fees are additional to this charge. You are able to set a daily budget as to how much you wish to spend. We will advise on a recommended spend to maximise effectiveness.
5) Content Liability Waiver - Your User Submissions
A. As a By George Digital Design client you (“The Client”) may submit video content (“User Videos”) and audio content (“User Audio”) and textual and picture content (“User Content”). User Videos and User Audio and User Content are collectively referred to as “User Submissions.” “Your Website” means the website
By George Digital Design have built or administer or complete work on for you, or any website you have the authority to administer and ask By George Digital Design to administer or complete work on or load the “User Submissions” to.
B. You The Client shall be solely responsible for your own User Submissions and the consequences of posting or publishing them online. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorise By George Digital Design to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by By George Digital Design.
C. For clarity, you The Client retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to By George Digital Design, you hereby grant By George Digital Design/GO hosting, a worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with Your Website in any media formats and through any media channels. You also hereby grant each user of Your Website a non-exclusive license to access your User Submissions through Your Website, and to use and perform such User Submissions as permitted through the functionality of Your Website and under these Terms of Service.
D. In connection with User Submissions, you The Client further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant By George Digital Design all of the license rights granted herein.
E. By George Digital Design does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and By George Digital Design expressly disclaims any and all liability in connection with User Submissions. By George Digital Design does not permit copyright infringing activities and infringement of intellectual property rights on its Website or on Your Website, and By George Digital Design will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. By George Digital Design reserves the right to remove Content and User Submissions without prior notice.
F. By George Digital Design may require evidence of your ownership of rights or licences to use and publish your User Content.
