Website Terms and Conditions

1. Definitions

“Website” and “Web Design” means all aspects of the website including design, software, coding, templates, plugins, images, illustrations, content, text, functionality purchased from Brilliant Web Design Pty Ltd t/a Brilliant Web Design by the Client.
“Graphic Design” means all aspects of the graphic design including concepts, illustrations, templates, samples, images, pictures, text, etc. designed or handled by Brilliant Web Design.
“Services” collectively means what we provide to you and the purchasing of our services.
“Products” collectively means what we provide to you and the purchasing of our products.
“Client” means the organisation or individual who is purchasing the website, product or service from Brilliant Web Design Pty Ltd t/a Brilliant Web Design.
‘Seller’ – Brilliant Web Design Pty Ltd t/a Brilliant Web Design, thereinafter referred to as Brilliant Web Design or BWD.
“We”, “us”, “our” means Brilliant Web Design.
“You” and “your” means the client, person, firm or company who purchases services and products from Brilliant Web Design.
“Server” means the hosted server infrastructure, managed by the seller.

2. Intellectual Property Rights

All intellectual property rights in any design work, documents, drawings and information created by the Seller will remain at all times the property of the Seller. A license is issued to the customer for use of the Website produced for the hosting period on payment of the invoices for the Website. As all systems are designed for use on the specific server environment for which they were created, including but not limited to e-mail, security, e-commerce, content management and other systems, the systems will only be warranted to work on the specific server environment for which they were created. Where information is taken from other sources or databases it is the responsibility of the client to ensure that there is an agreement for supply of this information with the owner.

3. Limitation Of Liability

In no event will the Seller be liable to the client for any indirect, incidental or consequential damages arising out of services or any products provided under any agreement, even if the Seller has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to the Client.

The Seller’s liability to the Client for actual damages for any cause whatsoever, regardless of the form of the action, will be strictly limited to 100% of the Fees paid for the prior 12 months.

4. Termination of services

The service may be terminated or suspended by the Seller at any time where:

• The client is in breach of any of the conditions of this agreement
• The client becomes insolvent
• Invoices are more than 30 days overdue

5. Force Majeure

Neither party shall be liable to the other if its performance of its obligations under any agreement (other than an obligation to pay money) is prevented or hindered due to any circumstances outside of its control.

6. Miscellaneous

Should any part of any agreement, for any reason, be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect. These Terms and Conditions of service are governed by and construed in accordance with the laws of Australia and the parties submit to the exclusive jurisdictions of the courts of Australia. These Terms and Conditions shall be binding to the benefit of each party and their respective heirs, successors and assigns.

7. Data Protection Act

Any data collected and transmitted on or via the Website is the sole ownership of the client and as such the client is responsible for the legal use of that data.

8. Website Hosting/Email/Secure Webpage/Virus Protection Terms

8.1 We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. You warrant to us that you will only use your assigned Website for lawful purposes. In particular, you further warrant and undertake to us that: a) you will not, nor will you authorise or permit any other person to use the Server in violation of any law or regulation; b) you will not knowingly or recklessly post, link to or transmit any material: i. that is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane or otherwise objectionable in any way; or ii. containing a virus or other hostile computer program; iii. that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction.

8.2 The Client is responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misrouting or any other failure of email. In the event of deliberate transmission of unsolicited commercial email (UCE), The Seller reserves its right to terminate services without prior notification.

You warrant, undertake and agree that:

a. The information contained within your Website will comply with all applicable law, and codes of practice governing the use of Websites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force;

b. You will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Notwithstanding such notification you will be liable for any and all uses of your account (and Website) notwithstanding any fraudulent or improper use of your password or any other access to any of the facilities we offer which is not unauthorised use or access by us.

c. Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.

d. We do not warrant whatsoever that our virus protection services will stop every virus from reaching your computer network. We make no warranty that the service will be error free or free from interruption of failure, and the company expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.

9. Proprietary Information

9.1 The Seller acknowledges that its relationship with its clients is one of high trust and confidence and that in the course of services to the client it will have access to proprietary Information. The Seller will not, at any time disclose to others or use for the benefit of others, any Client Information.

9.2 The Seller’s obligation under this section shall not apply to any information that (i) is or becomes known to the general public under circumstances involving no wrongful act or omission by or attributable to The Seller or other of the terms of this section, (ii) is made available to The Seller as a right by any third party, is independently developed by The Seller, or is disclosed under judicial or governmental process, (iii) is generally disclosed to third parties by the Client without restriction on such third parties, or (iv) is approved for release by written authorisation from the Client.

9.3 At any other time, upon request by the Client, the Seller shall promptly deliver to the Client all records, files and documentation relating to the business of the Client. The Client agrees to hold the Seller harmless from, and to indemnify the Seller against, any and all losses, claims, damages, liabilities or expenses (including reasonable lawyers fees) which the Seller may incur based on (a) any information or data concerning customer or customer’s products to the extent such material is furnished or prepared by or at the request of client for use by the Seller, and (b) any defect or alleged defect in any product manufactured by the customer.

10. Fees

10.1 Terms: 50% of the project cost is due prior to commencement of work with balance 30 days.

10.2 Fees for ongoing maintenance and/or hosting contracts are payable monthly by standing order. Notice may be given in writing up to 1 month before the anniversary of the renewal of the hosting and maintenance charges associated with the Client’s website to terminate the agreement otherwise it will be assumed that hosting will continue. The Seller will be fully entitled to turn off a service if an account is more than 30 days overdue without any further notice. Consequences of the site and e-mail being unavailable are the full responsibility of the customer. Hosting fees are subject to change without notification.

11. Other Charges

In addition to charges listed in the service agreement details, the client must pay for;

• All Government Taxes, duties and levies imposed on either the client or The Seller in respect of the services or any other services or goods supplied.
• Any Bank charges in relation to online merchant accounts.
• All domain name registrations, or renewals.

By agreeing with these Terms and Conditions you confirm your request for Brilliant Web Design Pty Ltd t/a Brilliant Web Design to provide you with the products specified or referred to in your website proposal. You agree to unreservedly agree to pay for the products specified in this document. You acknowledge and agree to the terms and conditions provided to you. You acknowledge that this Contract will continue in operation and that you will be billed for the products and services outline until the contract period is complete.