As our Client you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together.
- Payment is Acceptance of Our Invoice/Quotation. Our Agreement becomes effective when payment is received in full (or deposit if relevant) regardless of the place of signing the Agreement, the client agrees that for purposes of Agreement, this contract was entered into in Victoria and any dispute will be litigated or arbitrated on Gold Coast, Queensland, Australia.
- Legal Rights. The Client assures Netsplashing they have legal permission from the rightful owner to use any images or design elements that are provided by the client for inclusion on their website, and will hold harmless, protect, and defend Netsplashing and their staff from any claim or suit arising from the use of such elements or images.
- Right of Use. Netsplashing retains the right to display graphics and other web content elements as examples of their work in their portfolio and as content features in other projects. We also retain the right to place a text link on the bottom of every page of the website and it should not be removed without first asking us. Removal without our agreement may adversely affect any future support of your website.
- Scope Creep. Scope Creep is common in design and development projects like website design, general graphic work and online marketing. It is common when a Client does not know exactly what they want, and their requests evolve over time. Scope Creep slows down a project and often puts the Netsplashing staff under an added pressure of adapting what you paid for, and the new work you want done, within unrealistic timeframes, budgets and recognition of how complex design work of this nature is. Clients need to be aware that any of Netsplashing staff agree to do extra work (not set out in the original Agreement) that does not mean that they will not later charge for it retrospectively and it will become part of the overall package pricing, ergo if any unpaid invoices (including for scope creep work) is not paid at the end of the project, Netsplashing may withhold handover of the project until it is paid in full and any late fees that were applied to the invoice. Equally, Netsplashing may discontinue work until unpaid Scope Creep invoices are paid as well at Netsplashing’s discretion. Furthermore Netsplashing retains the right to later charge for scope creep, if it is demonstrated that the extra work was done, and the client did not pay a fair and reasonable amount for the extra work in their previous payments.
- Deadline changes are possible if the client provides. Netsplashing with adequate notice of a late due date and it is given in writing with at least 3 days notice (eg. sometimes people have last minute work commitments).
- Delivery of Website in timely manner. Often business owners and staff are busy and have to schedule in the appropriate time to do website edits in order for a website to be ready to go live. However, sometimes businesses take longer and this can put the Netsplashing hosting servers under stress as it may have an unusually high amount of websites waiting for sign-off on, before they can go live. Please note that Netsplashing will host your website LIVE on their servers (not your domain name) until you are happy with the website to go live. Netsplashing have always prioritised the completion of their clients’ websites and ensured completion is done within a timely fashion (ideally 1-2wks but sometimes longer depending on the size of the project) so clients can receive their fully functioning and working website within a few weeks from ordering it. Netsplashing require the same timely fashion to be adhered to be their clients, and now impose a 6mth cut off from the date of ordering the website, where the website, if completed, must be taken by the client (unless an alternative written agreement is made between the client and Netsplashing). If after the 6mth anniversary the client has not taken delivery of their website, and it has lay dormant (ie. Not edited by the client as required by Netsplashing to enable final sign-off) then Netsplashing have the right to “ZIP” the Website into a file and email it to the client, and they can later have the same website put on their hosting of choice and it will function again to the standard it did prior to it being Zipped. It will not be Netsplashing’s responsibility to reinstate the website at a later date. The client accepts at this time all moneys still outstanding are still due and payable as the work from Netsplashing’s position have been completed under the agreement.
- Content To Be Provided By Clients. All content to be provided by clients must be provided to Netsplashing in a timely fashion. Ideally when Netsplashing requests the content, or within 7 days of that request. All content must be provided in “one” email (unless Netsplashing agree otherwise) or on one disk or USB. Content is to be provided in a clear and sensible way to ensure Netsplashing staff can easily read, add and apply the project requests to the clients’ expectations. Everything should be clearly marked where it is to be located on the client website, template and/or project and content should be easy to consume.
- Change Requests By Clients. The client is permitted to one round of official changes, by Netsplashing after the said content above is added to the project. Subsequent changes are at the discretion of Netsplashing as agreed at the time.
- Access To Do Work. The Client must make available to the Netsplashing staff access to manage, edit and access all relevant accounts, including hosting, websites, Gmail accounts, Paypal, email management account and as Netsplashing require in writing.
- Passwords. It is the Clients’ responsibility to change all passwords to accounts that Netsplashing accessed in order to facilitate the Client work immediately after Netsplashing have completed the work. The Client indemnifies Netsplashing from any future accusation of unauthorised access if they choose not to change their passwords, and any losses suffered as a result of that unauthorised access.
- Late Fees May Apply. Due to the cost of securing coding specialists & graphic designer to complete tasks, all work submitted after deadlines may incur a fee of $200 per day unless agreed otherwise but this is usually only applied with a client who repeatedly delays completion of their project.
- Late Payment. In the case you have been invoiced for a payment for Netsplashing to continue work, that invoice is due within 7 days of issue unless another date is clearly stated as the “due by” date and that is then the real due date. Late payment of any invoices may incur a late fee of $200 per day if Netsplashing decides this is necessary due to the subsequent penalty fees Netsplashing incur as a result of the client not paying on time and thereby slowing down a scheduled project. In the event you are intending to be late with a payment we recommend you contact the Netsplashing staff asap to make a suitable arrangement to avoid any late fees.
- Ongoing Support. Netsplashing will not continue any ongoing support for any client if access to their project or website is not provided upon request, and if access is restored to Netsplashing their agreement to ongoing support is at their discretion.
- Other Developers and/or Coding Tampering. Netsplashing will not work on a website where another business, person or contractor has edited the coding of the website in any way shape or form unless they choose to.
- Indemnity. The Client agrees that it shall defend, indemnify, save and hold Netsplashing harmless from any and all demands, liabilities, losses, costs and claims, including reasonable lawyer’s fees asserted against Netsplashing, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Netsplashing against liabilities arising out of any material or content supplied by the Client infringing or allegedly infringing on the proprietary rights of a third party including copyright infringement and any defective products sold to Clients from a Netsplashing website.
- Disclaimer. Netsplashing shall not be responsible for any damages to the Client’s business suffered as a result of their work or services and Netsplashing makes no warranties of any kind, expressed or implied for services they provide. Netsplashing disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Netsplashing and its employees.
- Disclosure to law enforcement. Netsplashing may disclose any subscriber information to law enforcement agencies without further consent or notification to the other party upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
- Termination. Client and Netsplashing enter into this Agreement at will. Either party may cancel at any time for any reason with express written notice (including electronic mail) to the other party. Any invoiced work not yet paid for must also be promptly paid within 10 business days and no refunds will be made due to the creative and labour intensive nature of this work.
- Professional Behaviour. At all times Clients are to remain professional and dignified in their communication and deliberation with Netsplashing staff. At no time will profanity, insults or intention to bully or manipulate any staff of Netsplashing be tolerated and will be grounds for immediate termination of any work project on foot, regardless of any monies paid or Agreements entered into previously. Any behaviour of this kind may find Netsplashing immediately closing their project and not accepting any future communication attempts by the client.
- Settlement of Disputes. Any dispute arising between the parties as to the construction or interpretation of the Agreement shall be referred to an independent adviser agreed upon between the parties for a declaration of meaning. Where this does not resolve the dispute, the matter shall be referred to the services of a professional mediator to mediate the dispute. Formal legal proceedings shall only be instituted as a last resort.
- Changes to these Terms. Please keep up to date with our Terms & Conditions on this page from time to time which we may change at our discretion, any time in the future.
- Severability. If the Agreement between the Client and Netsplashing result in a termination under these Terms, the balance of the Terms are severable and still valid and enforceable.
The following information sets out our privacy clauses as per required by the National Privacy Principles from the Australian Privacy Amendment (Private Sector) Act, 2001.
We recognise the importance of protecting your privacy and our policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our website. This policy will be continuously assessed against new technologies, business practices and our customers’ needs.
What Information Do We Collect?
When you visit our website you may at some time provide us with two types of information: “Personal information” you knowingly choose to disclose that is collected on an individual basis and “General Website information” collected on an aggregate basis as you and others browse our website.
Personal Information You Provide
When you register for any of our products, services or newsletters you will provide us information about yourself
If you use our services you may need to give personal information and authorisation to obtain information from various credit services.
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses.
Website Use Information
Our website utilises a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and web server log files to collect information about how our website is used by visitors.
Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our website, and the websites visited just before and just after our website.
How Do We Use the Information That You Provide to Us?
We use personal information for purposes of administering our business activities, providing the products and services you requested, to process your payment, to monitor the use of the service, our marketing and promotional efforts and improve our content and service offerings.
Furthermore, such information may be shared with others on an aggregate basis. Personally identifiable information or business information will not be shared with parties except as required by law.
Occasionally, we may also use the information we collect to notify you about important changes to our website, new services, and special offers we think you will find valuable. You may notify us at any time if you do not wish to receive these offers by emailing us at the link provided on the newsletter.
What Are Cookies?
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that website’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies.
How Do We Use Information We Collect from Cookies?
IP addresses are used by your computer to identify you online. This is industry standard and is mostly a security matter.
Sharing and Selling Information
We do not share, sell, lend or lease any of the information that uniquely identify a subscriber (such as email addresses or personal details) with anyone except as required to allow for your work to be done properly.
How Can You Access and Correct Your Information?
We can provide you with all your personally identifiable information that we collect online and maintain in our database by requesting same from us by email.
What About Legally Compelled Disclosure of Information?
We may disclose information when legally required if we believe in good faith, believe that the law requires it or for the protection of our legal rights. We may also disclose account information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Service or to protect the safety of our users and the Public.
What About Other Websites Linked to Our Website?
We are not responsible for the practices of other websites linked to or from our website or the information or content contained therein.
Our Commitment To Data Security
Please note that your information will be stored and processed on our computers in Australia where possible. The laws on holding personal data in Australia may be less stringent than the laws of your Country of residence or citizenship. To prevent unauthorised access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
This website allows visitors to unsubscribe so that they will not receive future messages. After unsubscribing we will discontinue sending the particular messages as soon as feasible.
Surveys & Contests
Participation in our contests or surveys is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and address), and demographic information. Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
A Special Note About Children
Children are not eligible to use our services unsupervised and we ask that children (under the age of 18) do not submit any personal information to us. If you are a minor, you can use this service only in conjunction with permission and guidance from your parents or guardians.
Acquisition or Changes in Ownership
In the event that the website (or a substantial portion of its assets) is acquired, your information would be considered part of those assets, and may be part of those assets that are transferred.