Comworks Media, Firstin International Marketing and Australian Professional Hosting

  1. In order to become a Client of Comworks Media, Firstin International Marketing and Australian Professional Hosting (“Comworks”) or a user of any of Comworks services, you agree to the following terms and conditions. Your agreement to these terms will be indicated by: the execution of any contract; commencement or completion of any business activities; or use of any of Comworks services, whichever occurs first.Please read these terms and conditions carefully. If you do not accept these terms and conditions without modification, you may not use Comworks services.  Comworks may revise these terms and conditions at any time by updating this posting. If the terms and conditions are revised, the original terms accepted by the Client for a project will remain valid.
  1. Exclusion and Limitation of Liability
    In no event will Comworks Media be liable for any lost revenue, profit, or data, or indirect, consequential, incidental or punitive damages or any other loss or claim however caused.2.1.
    To the full extent permitted by law, Comworks hereby excludes all warranties not expressly set out herein except specifically set forth elsewhere in this agreement and gives no express or implied warranties including the warranties of merchantability or fitness for particular purpose, or arising from a course of dealing, usage, trade practice, with respect to any goods or services under or incidental to this agreement. No oral or written information or advice given by Comworks, our resellers, agents, representatives or employees shall create a warranty or in any way increase scope of the express warranties hereby given, and you may not rely on any such information or advice.2.2.
    Comworks total aggregate liability to you for any claim in contract, negligence or otherwise arising out of or in connection to the provision of the Services shall be limited to the charges by you in respect of the Services which are the subject of any such claim.2.3.
    In no event shall Comworks be liable to you for any loss of business, profits or anticipated savings or for any other indirect consequential or economic loss whatsoever.
  1. Property Rights and other Consents
    The Client is solely responsible for obtaining any and all necessary intellectual rights clearances and/or other consents and authorisations.
  1. Indemnity
    The Client agrees to indemnify and keep indemnified and hold Comworks harmless against any claim brought against Comworks by a third party resulting from the provision of services by Comworks to the Client. This includes all losses, costs, actions, proceedings, damages, expenses (including reasonable legal costs) or liabilities, whatsoever suffered and howsoever incurred in consequence of the Client’s breach or non-observance of these terms.
  1. Severability
    If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable shall be deemed to be omitted.
  1. Assignment
    The benefit of this agreement may be assigned by Comworks, but not by the Client. Comworks may give notice to the Client in writing, and the Client’s failure to respond will be deemed acceptance. The Client may transfer this agreement provided that the Client gives Comworks notice in the form Comworks requires (setting out the details of the assignee) including payment of any transfer fee specified by Comworks. No other transfer by the Client is permitted.
  1. Entire Agreement
    These terms and conditions constitute the entire agreement and supersede all prior agreements, understandings, representations whether oral or written. No oral explanation or information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation be made to the contract unless it is in writing and signed by representatives of the Client.
  1. Entire Agreement, Governing Law

This agreement shall be governed by the laws in force in the State of Queensland. Both parties hereby submit to the exclusivity of the Courts of that State.

Artwork Terms

By requesting Comworks Media to design and host your website, you the client also agree to our terms and conditions as published here and on our websites www.comworks.com.au and www.aphosting.com.au and www.smartescapes.com.au

Unless stated otherwise, all works and submissions created by Comworks Media are Copyright © Comworks

To honour the timeline guarantee, all required project materials including Logo’s, Images and Content must be received by the Project Coordinator, in a digital format before the project will begin. The project will not be scheduled until all material is received.

Comworks Media, Firstin International Marketing and Australian Professional Hosting  will not be liable and holds no responsibility for any delay caused by the non-receipt of required Logo’s, Images and Content. Failure to provide all required materials may result in the project being delayed or halted.

In accordance with www.shutterstock.com & www.istockphoto.com terms and conditions, any stock images included within the design of the site are only permitted to be used on this site. The ownership of the images will remain with Comworks Media.

Materials provided by the Client, including (but not limited to) images, content, video, and audio will not be proofed by Comworks Media for spelling mistakes, grammar, or any other concerns. The Client is responsible for obtaining or having the right to use all materials as supplied. The Client assumes all liability in relation to any material which is supplied.

Copywriting services can be provided at an additional cost.

Additional changes, out of scope author’s changes, additional training and instruction will incur additional charges of estimated $90-$150 per hour and will be advised on each.  Any additional structural and/or graphical changes required to a completed website will be completed at a quoted rate. Please see your project coordinator for more information.

Work will not proceed without written authorisation at sign off periods and on time payments of deposit, progress charges and hosting charges.

Comworks may discontinue services if an amount payable to Comworks is overdue or take down a website permanently in any case where an amount payable is overdue by more than 10 days. In any such event, the Client remains liable for the total cost of the contract including all disbursements unless otherwise agreed between the parties.

In no event will Comworks Media be liable for any lost revenue, profit, or data, or indirect, consequential, incidental or punitive damages or any other loss or claim however caused.

Design Terms.

Comworks Media will assist as best possible if there are client side computer hardware or software issues, however it is the responsibility of the client to consult with an IT company on hardware/software issues or mail server solutions.

Comworks Media will not be responsible for problems resulting from changes to a website conducted by any other party.

Comworks Media will assist in domain delegation but is not liable for any delays caused by third party providers. Please be aware that there are several procedures beyond our control which can effect the delegation process.

Comworks Media web hosting is all done on third party servers who specialise in these services. Comworks Media are not liable for any outages or loss of services through any of these 3rd party companies at any time.

Comworks Media is not responsible for negative results resulting from failure to implement optimization particulars in the ongoing and continued optimization of the site.

Comworks Media reserves the right to modify all aspects of the SEO service including search engine submission and strategies at any time in the interest of achieving the best results for the client.

Comworks Media  cannot guarantee SEO placing of the website. Successful listing is a function of the uniqueness and quality of the website and subject to variation based on competitor’s activities. Popular keywords or general keywords are more competitive than others, affecting listing dramatically.

Due to delays typically encountered with indexation of submitted pages, Comworks Media is not responsible for slow or non response by a particular search engine.

Once the web design is complete, Comworks will provide the Client with the opportunity to review the resulting work. Comworks will make two sets of minor changes at no extra cost within 30 days of the start of the review period. Minor changes include small text changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes, template structures, module additions or any navigation features. Any minor changes can be notified to Comworks by e-mail or confirmed in writing. Comworks will consider that the Client has accepted the original draft, if no notification of changes is received in writing or via email from the Client, within 30 days of the start of the review period.

Once a site has been approved and signed off, all additional corrections and modifications to the site will be charged as extras at full hourly rates.

Technical assistance via telephone or email will be offered during the 30 day cooling off period, once a site goes live or once a client is given access to the backend of your website, which ever occurs first. Site maintenance or extensive queries (more than 15 minutes) will be charged at hourly rates.

Comworks will endeavour to ensure that any developed/designed website, eNewsletter, esignature or application will function correctly on the server on which it is initially installed and that it will function correctly when viewed with web browsing software. Comworks cannot guarantee a correct or identical function with all browser software.

Website support after the 30 day review period (30 days from going live) is limited to 15minutes per month phone support. Any additional support outside this timeframe may incur additional costs

Comworks requires 30 days written or faxed notice of cancellation of website hosting. If Website hosting has been purchased for a 12 month period there is no refund for the remainder of the 12 month contract.

In the event of the contract between Comworks Media and the client being terminated by either party, Comworks Media owns the intellectual property of all original build files and the client owns all the content and files on the live server. The client will be able to take all the files on the live server and host elsewhere and continue with their live website. If the website is built on the CMS server platform all functionality would be lost, unless hosted on the same CMS server with a different company. There are no refunds on hosting.

Comworks Media is not liable for content added via the CMS, it is the responsibility of the client to ensure approved, legal content suitable for general viewing is made available via their website.

Any design work created by Comworks over which the Client obtains ownership will not automatically be protected by a trade mark. This includes items such as Logos, Words, Names, Images, Branding, an aspect of shape, colour, sound or scent – or any combination of these.

It is the responsibility of the Client and/or owner to investigate the availability or possibility of registering the work as a trademark and also to undertake the process of registration.

By requesting Comworks Media to design and host your website, you the client also agree to our terms and conditions as published here and on our websites www.comworks.com.au and www.aphosting.com.au and www.smartescapes.com.au