Terms & Conditions
Comworks is a full service digital agency with more than 20 years of experience.
Our experienced Australian team works together to build remarkable digital products for your business.
Becoming a Client or User
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. Scope of Services
Comworks provides professional digital, software, and technology services including, but not limited to, website design and development, software development, hosting services, application support, API integrations, digital marketing, search engine optimisation (SEO), consulting, maintenance services, and Software-as-a-Service (SaaS) solutions.
The specific Services to be provided shall be detailed in the applicable proposal, quotation, statement of work, service agreement, subscription plan, or other written agreement between Comworks and the Client.
Unless expressly stated otherwise in writing, all Services are provided on the basis of the agreed scope and deliverables. Any work requested by the Client that falls outside the agreed scope shall be considered a Variation and may be subject to additional fees and revised delivery timeframes.
Comworks reserves the right to utilise subcontractors, third-party service providers, cloud infrastructure providers, software libraries, open-source components, and specialist consultants where required to deliver the Services.
Nothing in these Terms obligates Comworks to provide any service, feature, functionality, integration, support, enhancement, or deliverable that is not expressly included within the agreed scope of work.
2. Variations and Change Requests
Any change to the agreed scope of work, functionality, design, content, integrations, features, deliverables, timelines, or other project requirements requested by the Client after commencement of the Services shall constitute a Variation.
Comworks reserves the right to assess the impact of any Variation and may provide the Client with a revised quotation, estimate of additional fees, and amended delivery schedule prior to commencing the Variation work.
No Variation shall be deemed accepted or commenced until approved by the Client in writing or through another agreed approval mechanism. Where a Variation request is made verbally or through informal communication and subsequently acted upon by Comworks at the Client’s direction, the Variation shall be deemed accepted and chargeable.
Comworks shall not be responsible for delays resulting from Variations requested by the Client. Any approved Variation may result in revised project milestones, delivery dates, fees, and resource allocations.
Where the extent of a Variation cannot reasonably be determined at the time of request, Comworks may undertake such work on a time and materials basis at its prevailing rates.
3. Limitation of Liability
To the maximum extent permitted by law, Comworks, its directors, employees, contractors, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business opportunities, loss of goodwill, loss of data, business interruption, or anticipated savings arising out of or in connection with the provision of services, software, hosting, support, consulting, or any related deliverables.
Comworks does not warrant that any website, software application, hosting environment, integration, or online service will operate uninterrupted, error-free, secure, or free from defects, nor does it guarantee the compatibility of any solution with future software, hardware, browser, operating system, or third-party service changes.
The Client acknowledges that the performance and availability of websites, software applications, integrations, APIs, payment gateways, booking platforms, cloud services, telecommunications networks, and other third-party systems are outside the control of Comworks. Comworks shall not be liable for any loss, damage, cost, or expense arising from the failure, interruption, modification, suspension, or termination of any third-party service.
In all circumstances, the total aggregate liability of Comworks arising under or in connection with any agreement, project, service, subscription, hosting arrangement, software licence, or related engagement shall be limited to the total fees paid by the Client to Comworks for the specific service giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to such liability.
Nothing in these Terms excludes, restricts, or modifies any rights or remedies that cannot be excluded, restricted, or modified under applicable Australian consumer protection laws, including the Competition and Consumer Act 2010 (Cth).
4. Client Responsibilities
The Client agrees to provide all information, content, materials, approvals, access credentials, technical requirements, and other resources reasonably required by Comworks to perform the Services.
The Client warrants that all information, content, images, logos, documents, data, and materials supplied to Comworks are accurate, complete, lawful, and do not infringe the intellectual property rights or other rights of any third party.
The Client shall review and provide feedback, approvals, decisions, and requested materials within reasonable timeframes. Any delay in providing such information or approvals may result in delays to project delivery schedules and may incur additional fees where such delays materially impact project resources or timelines.
Where Services require access to third-party systems, hosting environments, domain registrars, software platforms, booking engines, payment gateways, social media accounts, analytics platforms, or other external services, the Client is responsible for providing and maintaining the necessary access permissions and credentials.
The Client remains solely responsible for the accuracy, legality, ownership, and ongoing management of all content published through any website, software application, platform, or service provided by Comworks.
Comworks shall not be liable for any delay, defect, additional cost, or inability to perform the Services resulting from incomplete, inaccurate, delayed, or unavailable information, materials, approvals, or access provided by the Client.
5. Intellectual Property
All intellectual property rights existing prior to the commencement of the Services, including but not limited to software frameworks, source code libraries, methodologies, systems, templates, processes, know-how, documentation, proprietary platforms, and reusable components developed or owned by Comworks, shall remain the sole property of Comworks.
The Client retains ownership of all intellectual property rights in materials supplied by the Client, including logos, trademarks, branding, content, images, documentation, and other materials provided for use in connection with the Services.
The Client warrants that it has obtained, and shall maintain, all necessary intellectual property rights, licences, permissions, clearances, consents, approvals, and authorisations required for any materials, content, data, images, trademarks, logos, documents, videos, audio files, or other assets supplied to Comworks or published through any website, software application, platform, or service provided by Comworks. The Client agrees to indemnify and hold harmless Comworks against any claim, loss, damage, liability, cost, or expense arising from any alleged or actual infringement of intellectual property rights or failure to obtain such permissions, licences, clearances, consents, approvals, or authorisations.
Upon full payment of all fees due, the Client shall receive ownership of the specific custom content and deliverables expressly identified in the applicable proposal or agreement as being transferred to the Client. Unless otherwise agreed in writing, ownership of any underlying software frameworks, source code libraries, proprietary systems, reusable modules, methodologies, integrations, automation tools, databases, and platform components developed or utilised by Comworks shall remain the property of Comworks.
Where Services include access to proprietary software platforms, Software-as-a-Service (SaaS) solutions, hosted applications, customer portals, integrations, or subscription services provided by Comworks, the Client is granted a non-exclusive, non-transferable, revocable licence to use such services for their intended purpose during the term of the applicable agreement.
The Client must not copy, reproduce, modify, distribute, reverse engineer, decompile, resell, sublicense, create derivative works from, or otherwise exploit any proprietary software, systems, code, documentation, or intellectual property owned by Comworks without prior written consent.
Where Comworks purchases, licenses, sources, or incorporates third-party software, plugins, themes, fonts, stock photography, video assets, icons, maps, APIs, subscriptions, or other digital assets as part of the Services, such items shall remain subject to the terms, conditions, and licensing requirements of their respective owners and licensors.
Unless expressly stated otherwise in writing, ownership of third-party licences is not transferred to the Client. Upon project completion, launch, handover, or termination of Services, the Client shall be solely responsible for maintaining, renewing, replacing, transferring, or obtaining any licences, subscriptions, usage rights, or permissions required for the continued use of such third-party assets.
Comworks makes no representation that third-party products, services, licences, integrations, or digital assets will remain available, unchanged, compatible, supported, or free from additional costs imposed by their respective providers. The Client acknowledges that future updates, licence renewals, subscription fees, service changes, or replacement requirements may be necessary to maintain functionality, security, compliance, or compatibility.
Nothing in these Terms shall be construed as transferring ownership of Comworks proprietary technology, software platforms, frameworks, systems, methodologies, intellectual property, or third-party licensed assets to the Client unless expressly agreed in writing.
6. Indemnity
The Client agrees to indemnify, defend, and hold harmless Comworks, its directors, officers, employees, contractors, agents, and affiliates from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, penalties, fines, costs, and expenses (including reasonable legal costs on a full indemnity basis) arising directly or indirectly from:
(a) any breach of these Terms by the Client;
(b) any content, data, materials, information, images, trademarks, logos, intellectual property, or other assets supplied by the Client;
(c) any allegation that materials supplied by the Client infringe the intellectual property rights, privacy rights, moral rights, contractual rights, or other rights of any third party;
(d) any unlawful, misleading, defamatory, fraudulent, offensive, or inappropriate content published, transmitted, stored, or distributed by the Client through any website, software application, platform, or service provided by Comworks;
(e) the Client’s misuse of any website, software, hosting service, platform, integration, or technology supplied by Comworks;
(f) the Client’s failure to obtain any required licence, consent, approval, authority, clearance, permission, or authorisation required in connection with the Services; or
(g) any act, omission, negligence, misconduct, or unlawful conduct of the Client, its employees, contractors, agents, or representatives.
This indemnity survives the completion of the Services, termination of any agreement, suspension of services, or transfer of any website, software application, hosting environment, or digital asset to the Client or a third party.
7. Third-Party Services
In the course of providing the Services, Comworks may utilise, integrate with, recommend, configure, or rely upon third-party software, platforms, applications, APIs, hosting providers, cloud services, payment gateways, booking engines, communication services, marketing platforms, analytics tools, domain registrars, content delivery networks, artificial intelligence services, and other technology providers.
Such third-party services may include, but are not limited to, booking and property management platforms, payment processors, cloud hosting providers, email marketing platforms, search engines, social media platforms, content delivery networks, and software vendors.
The Client acknowledges that third-party services are supplied and controlled by independent providers and are subject to their own terms and conditions, pricing structures, service levels, privacy policies, licensing requirements, and operational practices.
Comworks shall not be responsible or liable for any interruption, outage, downtime, degradation of service, security incident, data loss, pricing change, feature removal, API modification, integration failure, account suspension, policy change, licensing change, discontinuation of service, or other issue arising from or relating to any third-party provider.
Where the functionality of a website, software application, integration, automation, booking engine, payment gateway, or other solution depends upon a third-party service, Comworks does not guarantee the ongoing availability, compatibility, performance, accuracy, or operation of that service.
The Client acknowledges that third-party providers may modify, restrict, suspend, discontinue, or replace services, APIs, functionality, data access methods, or pricing models at any time and without notice. Any work required to adapt, repair, replace, or reconfigure systems as a result of such changes may be subject to additional fees.
Comworks shall not be liable for any loss of revenue, bookings, leads, transactions, data, business opportunities, or operational disruption arising from the failure, interruption, modification, or termination of any third-party service.
Unless expressly included within an active support, maintenance, hosting, subscription, or service agreement, Comworks has no obligation to maintain, monitor, update, renew, troubleshoot, replace, or support third-party services after project completion or handover.
8. Severability
If any provision of these Terms is held by a court or other competent authority to be invalid, illegal, unenforceable, or void in whole or in part, that provision shall, to the extent of the invalidity, illegality, or unenforceability, be deemed severed from these Terms and shall not affect the validity, legality, or enforceability of the remaining provisions.
The remaining provisions of these Terms shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had not been included.
Where possible, any invalid, illegal, or unenforceable provision shall be interpreted, modified, or replaced with a valid and enforceable provision that most closely reflects the original intent and commercial purpose of the affected provision.
9. Assignment
Comworks may assign, transfer, novate, subcontract, or otherwise deal with any of its rights, obligations, or interests under these Terms at any time by providing written notice to the Client.
The Client must not assign, transfer, novate, sublicense, delegate, or otherwise dispose of any of its rights or obligations under these Terms without the prior written consent of Comworks.
Any purported assignment, transfer, novation, delegation, or disposal by the Client in breach of this clause shall be void and of no effect.
Nothing in this clause restricts Comworks from engaging contractors, subcontractors, affiliates, service providers, or related entities in the performance of the Services, provided that Comworks remains responsible for the overall delivery of the Services
10. Entire Agreement
These Terms, together with any applicable proposal, quotation, statement of work, service agreement, subscription agreement, or other written document expressly incorporated by reference, constitute the entire agreement between the parties and supersede all prior agreements, negotiations, discussions, representations, understandings, and communications, whether oral or written, relating to the subject matter of the Services.
The Client acknowledges that it has not relied upon any representation, warranty, promise, statement, or undertaking not expressly contained within these Terms or the applicable written agreement.
No amendment, modification, waiver, or variation of these Terms shall be effective unless made in writing and approved by authorised representatives of both parties.
A failure or delay by either party to exercise any right under these Terms shall not constitute a waiver of that right.
11. Governing Law and Jurisdiction
These Terms and any dispute, claim, or controversy arising out of or in connection with the Services, the website, software, hosting, subscription services, or any related agreement shall be governed by and construed in accordance with the laws of Queensland, Australia.
The parties irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia, and any courts competent to hear appeals from those courts, in respect of any dispute arising under or in connection with these Terms.
Nothing in this clause prevents Comworks from seeking urgent injunctive, equitable, or protective relief in any jurisdiction where such relief may be required to protect its intellectual property, confidential information, systems, software, or business interests.
12. Client-Provided Designs
Where the Client supplies design files, mock-ups, wireframes, artwork, style guides, or other visual assets (including those prepared by a third-party designer), Comworks will use reasonable efforts to develop the website in accordance with the supplied materials and to achieve a close visual representation of the intended design.
The Client acknowledges that website development involves technical, accessibility, performance, responsive design, browser compatibility, platform, plugin, and device considerations that may require modifications to the supplied design. Accordingly, an exact or pixel-perfect reproduction of the supplied design cannot be guaranteed.
Minor variations in layout, spacing, typography, colours, animations, imagery, user interface elements, responsive behaviour, or other visual aspects resulting from technical limitations, browser rendering differences, accessibility requirements, content variations, or platform constraints shall not constitute defects or a failure by Comworks to perform the Services.
Where responsive, tablet, or mobile designs are not supplied, Comworks shall determine the most appropriate responsive implementation using industry standard web development practices.
The Client is responsible for ensuring that all supplied designs, assets, fonts, imagery, and specifications are complete, accurate, properly licensed, and suitable for web development. Comworks shall not be responsible for redesign work, delays, or additional development costs arising from incomplete, inaccurate, impractical, or technically infeasible designs or specifications supplied by the Client or any third party.
Where modifications to a supplied design are reasonably necessary to achieve functionality, usability, accessibility, security, performance, browser compatibility, or compatibility with the agreed technology platform, such modifications shall not be considered a variation or a failure to comply with the agreed scope of work.
13. Existing Website Recreation
Where the Client requests that Comworks recreate, replicate, or develop a new website based on an existing website (whether owned by the Client or operated by a previous supplier), the existing website shall be used as a functional and visual reference only.
Comworks will use reasonable efforts to achieve a substantially similar appearance, structure, functionality, and user experience, having regard to the agreed scope of work. However, the Client acknowledges that an exact replication may not be possible or appropriate due to differences in technology platforms, content management systems, software architecture, responsive behaviour, browser rendering, accessibility requirements, hosting environments, APIs, third-party integrations, licensing restrictions, performance considerations, security requirements, or other technical limitations.
Comworks is under no obligation to reproduce proprietary software, custom programming, licensed functionality, third-party integrations, or features that are unavailable, unsupported, impractical, or incompatible with the agreed technology platform. Where equivalent functionality is not reasonably achievable, Comworks may implement an alternative solution that substantially fulfils the intended purpose.
The Client warrants that it has the legal right to reproduce the design, content, branding, images, functionality, and other materials contained within the existing website and has obtained all necessary permissions, licences, consents, and intellectual property rights required for their use. Comworks shall not be responsible for verifying ownership of such materials and shall have no liability arising from any alleged infringement resulting from the Client’s instructions.
Any functionality, design element, integration, or feature identified during development as requiring additional work beyond the agreed scope shall be treated as a Variation in accordance with these Terms.
14. 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.
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 and 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.
15. 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.
Archive of Original Terms and Conditions
1. Becoming a Client or User
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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
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 and 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.