Website terms and conditions
By using Advant Group’s services and signing up as a Client for any job, task or project, you, the Client, agree to be legally bound by these Terms & Conditions.
Please, read these terms carefully. By using the website products and/or services of Advant Group Pty Ltd (ABN: 11 131 977 618) you agree to abide by these Terms & Conditions.
DESCRIPTION & DEFINITIONS
Advant Group:
In these terms and conditions, Advant Group (“Advant”) may also be referred to as “us”or “we”
“Websites” and all services related to it, refer to all text, images photographs, user interface, “look and feel”, data and other content included in it from time to time (including, without limitation, the selection, co-ordination and arrangement of such content).
Client:
“Client” is defined as representing one business (company or entity) or person (sole trader). Client may also be referred to as “himself/herself” or “his/her” or “their” or “site owner” in this document. Client may also be referred to as the staff member, employee, agent or third party authorised to act on behalf the Client.
SERVICE
Advant provides the Client various services including, but not limited to:
Estimates
Advant will provide a cost estimate for ad-hoc requests during the website set up.
Advant will usually follow up an estimate by providing an invoice where you have given a general approval for the estimated fee or cost.
Advant reserves the right to withdraw a proposal or quote at any time.
PAYMENT TERMS
50% of the setup cost will be invoiced and due following the approval to proceed with the website by the Client
50% (balance) of the setup cost will be invoiced and due when approval for the website to go live is provided by the Client.
Any delays from the Client, can delay the project and proposed timeframes and could incur additional costs.
In the event of a delay of over two calendar months for the project, Advant reserves the right to invoice the balance 50% of the setup costs.
Furthermore, it may increase any previously approved estimates.
Should you require the project to be put on hold, please advise Advant in writing, in advance. In order to place the project on hold without incurring additional charges, we will need the account to be up to date based on the work done.
Any re-work on an already completed task will attract additional charges. A cost estimate will be provided.
Advant may opt to discontinue services if an amount payable to Advant is overdue or to take down a website permanently in any case where an amount payable is overdue by more than 30 days. In any such event, the Client remains liable for the total cost of the project including all disbursements; unless otherwise agreed in writing between Advant and the Client.
Advant may terminate any agreement immediately if the Client breaches any of these Terms & Conditions, or if he/she is a company going into insolvent liquidation, or if the Client is a person he/she is declared bankrupt.
Invoices
All pricing is given in Australian Dollars.
Fees Due in Advance for Service
Some services including, but not limited to, support, maintenance & hosting fees are due in advance for the applicable period as noted in the invoice. Such fees and the related invoice must be paid in full prior to the commencement of the applicable service period be that one month or one year.
Quote, Job or Project Completion
Once a Client approves the website to “go live” or where Advant defines the job or task as being “completed”, an invoice will be issued to the Client with payment on that invoice due immediately unless otherwise agreed to in writing between the parties.
SUPPORT MAINTENANCE & HOSTING
The Client’s website is built on the WordPress Content Management platform, containing a number of modules (plugins). The WordPress instance and plugins require regular updating to ensure that the website is kept secure and continues to function correctly.
Website maintenance – The monthly maintenance, including website and plugin updates, security updates and general maintenance will be performed by Advant.
Website support – The monthly support fee applies to phone and email requests for changes to your website which may be more productive for us to make. These changes include;
Website hosting – All Advant websites must be hosted with Advant for a minimum of 12 months. Your website will have an SSL certificate, and backups will be run offsite daily.
Advant shall use reasonable endeavours to provide continuing availability of the hosting server and the services but Advant shall not, in any event, be liable for service interruptions or down time of the server, site or software provided by its agents or resulting costs and compensation.
Advant operates and provides hosting servers that are delivered as a managed service which are ordinarily restricted from Client access or third party access.
Advant does not ordinarily provide Clients or third parties with access to the hosting servers in any of the following methods or means; FTP, CPanel, WHM, Shell or via any other similar means or method. If a Client formally requests and is provided access to their hosting server by Advant, upon receipt of said request, via FTP or any hosting control panel, this will void any warranty or guarantee.
Changing your website to another host provider
Following the initial 12 month term, the Client may wish to move their website to another hosting provide. In this situation, Advant will make your website and database available in a zip file which can then be provided to the new supplier.
The cost to provide this file is $330.00 incl GST
It is the responsibility of your new provider to install your website in the new hosting environment. Advant is not responsible for support and maintenance of your website once it is moved to your new hosting provider.
Advant will delete your website upon receiving your written instructions to cancel your Advant service.
INTELLECTUAL PROPERTY
The Client acknowledges and agrees that Advant owns all right, title and interest in information and materials (in whatever form or media) we provide to you or is provided to you on behalf of us that we develop (or are involved in developing).
The Client own all right, title and interest to information and materials provided to us or are provided to us on your behalf.
Advant claims no intellectual property rights to works created by any third party designers or developers that may be used from time to time, such rights remain with the relevant third party.
THIRD PARTY
The Client agrees that in the provision of website services by Advant we may utilise the services of third party contractors, and that we may pass on to such contractors any information or materials, including design brief and data, provided to us by you.
In the event any material necessary for the production of the website must be passed on to a third party, Advant will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.
AGREEMENT NON EXCLUSIVITY
The Client acknowledges that Advant is providing services to the Client on a non-exclusive basis and that Advant may provide services and products of the same or a similar nature to any other party (provided that in doing so it does not breach privacy).
Advant shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any items unless specifically agreed otherwise. Further, Advant shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.
Advant retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio. Where applicable the Client will be given any necessary credit for usage of the project elements.
WARRANTIES & LIABILITIES
Limited Warranty:
Advant provides a limited warranty for websites and systems that are developed by Advant. This warranty is valid for up to 90 days from the date of launch of the website or system or from the date that Advant determines that the website or system is ready to launch unless otherwise agreed to in writing between the parties. This limited warranty applies to works performed by Advant that are “in scope” or that are clearly specified in the applicable written quote.
This warranty is voided if the Client or a third party acting on behalf of the Client is issued with FTP or Shell or MySQL or similar access to the website / system hosting or the relevant hosting control panel by Advant.
This warranty may be voided if a Client or a third party acting on behalf of the Client installs any extensions or plugins or additional software into the website or system without the express written permission and approval of Advant.
This warranty does not include any issues or faults or incompatibilities that are caused by third party software, systems, extensions, plugins or similar.
Any warranty or guarantee provided by Advant for a website is conditional upon the website being hosted by Advant.
Any warranty or guarantee provided by Advant for a website is rendered null and void if the Client or any other third party accesses the website or the relevant website server via an FTP connection or hosting control panel.
Advant can offer no guarantee of correct function with all browser software in future releases of any internet browser. However, Advant will offer and provide a quote for services to modify the website (where possible) to cause the site to correctly function and/or correctly render in the changed version of an internet browser.
Where any Client or agent or party acting for or on behalf of the Client acts on or in the website or system that causes disruption or error to the website or system, Advant is not liable and the Client will be liable for any and all costs associated or incurred with fixing the error or disruption.
Search engine position
Advant cannot be held responsible for any changes to the position of the Client’s Website in the Search Engines results pursuant the website going live.
Copyright and Intellectual Property
Advant is not responsible for the contents and data of any website we provide for the Client, and upon publication the Client must satisfy themselves that the website will comply with all applicable laws, and codes of practice governing the use of websites and related services. This includes the intellectual property and copyright ownership of all material that the Client has provided to us.
Advant is similarly not responsible for the Client’s subsequent use of the site and compliance of various Commonwealth and state legislations.
Domain Name
Advant is not responsible for the Client’s choice of domain name and the legal consequences that the domain name use could occur relating to the Trademark and Competition or the AuDa governing laws.
Client’s Third Party
Advant is solely not responsible for the performance of the product or service if the Client installs or orders another third party to install anything such as software that would alter or damage the website and its functionality. Furthermore, the Client may be liable for charges or fees incurred by Advant for the repair of any product or service if the Client or their third party installs any unapproved software into the product or service supplied by Advant.
Data and Proofing
Advant is not responsible or held liable for any errors contained in the final product after the final product is approved by the Client, this remains the final responsibility of the Client.
Advant cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the Client and reserves the right to refuse use of any such material unless proof of permission is provided if requested.
Technology Compatibility
Advant will ensure that any website or application will function correctly on the server to which it is initially installed.
Advant can offer no guarantee of correct function with all browser software including future releases.
General Liabilities
Advant may from time to time and without notice or liability to the Client suspend any of the services if the reason for doing same is an event beyond the reasonable control of Advant.
Advant will not be liable or become involved in any disputes between the site owner and their Clients and Advant cannot be held responsible for any wrongdoing on the part of the Client.
GOVERNING LAW
These terms and conditions and any agreement entered into by Advant or service provided by Advant that arises in a dispute or legal matter shall be governed by and interpreted in accordance with the law for the time being enforced in the State of Victoria, Australia, and each party submits to the jurisdiction of the State of Victoria, Australia.
YOUR ACCEPTANCE OF THE TERMS & CONDITIONS
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