Website Design Terms & Conditions

WEBSITE TERMS & CONDITIONS

FINANCIAL ARRANGEMENTS

  1. AIMEE VO CONSULTING services are provided at the agreed rate as per invoice or agreement. Unless otherwise agreed, website design packages include website design and build.
  2. All Website design packages require full payment in advance by either credit card or EFT prior to commencement.
  3. In some instances, only 50% deposit is required for website packages which will be stated on your invoice.
  4. Once the design brief is received by AIMEE VO CONSULTING, all balances are payable on a project.
  5. Balances will be automatically processed (if paid by credit card and unless otherwise advised), 30 days after receipt of deposit or upon completion of your website, whichever is first. Please note that regardless of the stage of your project, your balance is due 30 days after receipt of deposit.
  6. For payment by EFT, the full invoice amount is due prior to commencement of your project.
  7. All balances must be paid prior to website ‘login’ access being provided by AIMEE VO CONSULTING.
  8. For website design packages where a completed design brief is not received by AIMEE VO CONSULTING within 60 days of receipt of the deposit, that project will be subject to a $150 administration fee to resume that project.
  9. Although AIMEE VO CONSULTING reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.
  10. Failure to make complete payments may result in your website and emails being suspended.
  11. Additional extras such as graphic design work, layout changes, extra WordPress plug-ins, additional functionality items etc. must be paid in full by either credit card or EFT, prior to commencement of work.
  12. All invoices and receipts are sent via email.
  13. All new website projects pay a monthly ‘mainenance’ fee (fee differs depending on package as shown on your quote) via direct debit.

A one-off $10 (inc.GST) ‘set-up’ fee applies to all new customers plus there is a $1.95 (inc.GST) monthly ‘transaction fee’. Please note the billing company charges these fees.

 

CANCELLATION & REFUNDS

  1. All deposits received are non-refundable.
  2. Customer cancellation of any AIMEE VO CONSULTING services at any stage must be notified in writing via email. Any outstanding balances remain payable regardless of the stage of design or production of the project.
  3. Non-payment of any outstanding amounts will be passed onto a debt collection agency for full payment plus expenses.
  4. Upfront payments received for a 12-month ‘Hosting & Support Package’ are non-refundable.
  5. AIMEE VO CONSULTING does not offer refund for server, service or software interruptions.
  6. Once your service is cancelled (or transferred), your website will no longer be visible and you will no longer receive emails if they were hosted by AIMEE VO CONSULTING.

 

GENERAL

  1. Although AIMEE VO CONSULTING endeavour to complete every project on time or sooner, AIMEE VO CONSULTING cannot be held responsible for the delay in the design or development of any website design package.
  2. AIMEE VO CONSULTING reserves the right to suspend or cancel a customer’s access to any or all services provided by AIMEE VO CONSULTING, at its discretion, if the account has been inappropriately used or otherwise abused.
  3. Individual accounts are for the intended use of the account holder only.
  4. AIMEE VO CONSULTING does not allow any of the following content to be stored on its servers:

(a) Illegal material, including copyrighted works, commercial audio, video, or music files, or any material of any type in violation of any federal, state or local law or regulation anywhere in the world.

(b) Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type.

What constitutes “adult material” is entirely at the discretion of AIMEE VO CONSULTING.(c) Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing etc. material or encrypting of any of the above. This also applies to sites which provide links to or ‘how to’ information about such material.

(c) Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing etc. material or encrypting of any of the above. This also applies to sites which provide links to or ‘how to’ information about such material.

  1. Unless otherwise agreed all websites created by AIMEE VO CONSULTING will have a discreetly placed ‘Web Design by Aimeevo.com CONSULTING‘ or similar, linked back to the AIMEE VO CONSULTING website.
  2. AIMEE VO CONSULTING does not control the interaction between your website and its visitors.
  3. For security reasons, Cpanel access cannot be given to any AIMEE VO CONSULTING customers as recent case studies have shown that clients care capable of:
    • Accidentally mismanaged theme options, resetting the theme or causing PHP errors
    • Added insecure, outdated or conflicting plugins
    • Removed core plugins necessary for their website to function according to scope which are
    premium plugins not available through the WP.org plugins repo
    • Installed various redundant backup plugins and quickly exceed allocated disk space
    • Provided them to third-party companies who then compromise their login details, resulting in malware or malicious software being installed on the account
  4. AIMEE VO CONSULTING builds all websites on the latest install version of WordPress at that time.
  5. For all websites built pre 2016, AIMEE VO CONSULTING is not responsible for installing/updating to future versions of WordPress. Any request for installing and updating WordPress versions is chargeable at our normal hourly rate of $90+GST.
  6. Websites developed from 2016 onwards are automatically updated to the latest WordPress version as and when they are available
  7. AIMEE VO CONSULTING does not provide ‘Top Level’ admin access to any WordPress website unless the client agrees to acknowledge (as a reply to a disclaimer email from the support team) that any requests to rectify any errors arising after access is seen as troubleshooting by our developers and an hourly rate of $120+GST will apply.
  8. Support is not provided for any new plugins or changes made to the theme after access is given.

 

COMPROMISED OR HACKED WEBSITES

  1. Although unlikely, any website can be vulnerable to a “hack” or malicious activity.
  2. In the unlikely event of a hack to a client website, AIMEE VO CONSULTING can investigate and look to reinstate your site from a backup version, if available. A fee of $150+GST is chargeable for this.
  3. If a hacked website has been reinstated or updated by AIMEE VO CONSULTING, there are no guarantee the website will not be hacked again.
  4. In the event of a further “hack” or any malicious activity to your website, that site may be suspended (at server level) so as not to further compromise any other website on the same server.
  5. AIMEE VO CONSULTING can offer further investigation into a repeated “hack” and look to reinstate your website. This is a high level investigation with a file cleanout, reinstall of any damaged plugins with a security integrity check and complete a performance update. This process can take 7-10 business days and incurs a fee of $500+GST.
  6. AIMEE VO CONSULTING will offer all existing clients a heavy discount to re-build the website on a new server platform from $999+GST (minimum value of new website offered is approximately $2410+GST).

 

WEBSITE DESIGN

  1. Please refer to www.aimeevo.com for the variations in each website design package
  2. AIMEE VO CONSULTING websites are self managed and AIMEE VO CONSULTING is not responsible for any copy, editing or updating of your website content unless this service has been paid for.
  3. After ‘sign-off’ of a website design concept, any amendments from that point onwards, will be subject to additional design fees.
  4. Websites will be delivered with the ‘home’ and ‘contact’ page content upload included in the package price, providing it is supplied within 4 weeks of your order or when the website is complete (whichever is the sooner).
  5. AIMEE VO CONSULTING do not place any additional content to your website other than mentioned above unless otherwise agreed in writing or included in a quote.
  6. ‘Content Upload Packages’ are available for an additional fee.
  7. Website images must be provided by the client. For a small fee, images can be purchased from the AIMEE VO CONSULTING image library. Alternatively, AIMEE VO CONSULTING can either suggest stock image websites or can source images on your behalf at our current rate of $90+GST per hour plus the cost of the image/s.
  8. A website will only go ‘live’ after any outstanding balance has been received and the payment form for the Care Package’ has been completed
  9. If you have purchased a package which includes a ‘logo design’, it is standard practice for AIMEE VO CONSULTING to complete the logo design before commencing the website design.
  10. For all eCommerce website design packages, as per your quote, it is a requirement that the payment form for monthly ‘Care Package’ be completed prior to the website going ‘live’. Failure to pay any monthly fees for an eCommerce website could result in your website being suspended until all outstanding payments are received
  11. eCommerce sites are developed and handed over with a standard eCommerce configuration and layout. This includes product page, checkout page and basic shipping configuration. Any variations or customisations to these layouts will be at an additional cost to the client.
  12. Websites with ‘Mobile Responsive Design’ do not include any customisation to the design or layout visible on a Smartphone or tablet. Customisation is available at an extra cost following instruction from a brief provided by the client.

 

WEBSITE PLUGINS

  1. Website plugins purchased pre or post sale are installed on your website on a basic level i.e. AIMEE VO CONSULTING provide a basic set up of information sufficient for the plugin to function on the website.
  2. Beyond the basic level of set up, additional fees apply for customisation of that same plugin.
  3. After basic installation and any customisation of a plugin, an optional monthly support fee (paid by direct debit) will apply at an agreed rate from AIMEE VO CONSULTING, payable from the day login access is provided by AIMEE VO CONSULTING.
  4. If a client opts not to pay for support for a plugin, any queries, questions, alterations, updates, amendments or similar, will become a paid service from AIMEE VO CONSULTING and charged in minimum 30 minute blocks.
  5. AIMEE VO CONSULTING builds all sites with the latest version of plugins. Updating versions of any plugin is subject to a minimum charge of $90+GST per hour plus any additional time spent on reconfiguration, customisation and testing.
  6. In almost all cases, plugins have an annual renewal which must be paid by the client for the plugin to remain 100% functional on the website.
  7. Requests for additional plugins must be researched by the client to ensure the functionality is what they are after. Due to the hundreds of WordPress Plugins, AIMEE VO CONSULTING may not be familiar with the functionality of them all and cannot support them. Any plugin support a client needs will be through direct contact with the plugin developer and or their support team.
  8. If a client would like AIMEE VO CONSULTING to install a plugin, the client must purchase it from the plugin website (unless it is free), and send the plugin file to us. AIMEE VO CONSULTING standard development fee of $150+GST, per plugin, will apply to install, activate and test the plugin.

 

HOSTING / SERVERS:

  1. Unless otherwise advised, the annual renewal payment for the 12 month ‘Hosting & Support Packages’, will be automatic deducted on the anniversary date of the package using the credit card on file. EFT or cheque payments must be received as cleared funds by the anniversary date to prevent suspension of your website.
  2. The customer agrees that it is not the responsibility of AIMEE VO CONSULTING to provide knowledge or support outside of the defined service of the AIMEE VO CONSULTING website design packages.
  3. Telephone and email support is only offered to Pro and eCommerce packages where a monthly maintenance fee is applied.
  4. Telephone and email support is only offered to Pro and eCommerce packages where a monthly maintenance fee is applied.
  5. All forms of support are subject to ‘fair use’ time limitations of 8 hours per month. Support time includes any form of communication and also time spent on research, development, installation, customisation, testing and design. Additional support time is logged and will be charged at our current rate of $90+GST per hour.
  6. If, in exceptional circumstance, ‘CPanel’ or ‘FTP’ access is given to a client (client must sign a waiver for this to happen), AIMEE VO CONSULTING can only provide ‘basic’ (non-technical) CMS support for that website.AIMEE VO CONSULTING cannot be held responsible in any way for errors, mistakes, loss or deletion of information or similar as a result of ‘CPanel’ or ‘FTP’ access. A request for recovery of any website or its contents by AIMEE VO CONSULTING will be subject to a formal quote to reinstate the original website install (if possible).
  7. AIMEE VO CONSULTING cannot be held responsible in any way for errors, mistakes, loss or deletion of information or similar as a result of ‘CPanel’ or ‘FTP’ access. A request for recovery of any website or its contents by AIMEE VO CONSULTING will be subject to a formal quote to reinstate the original website install (if possible).

 

DOMAIN REGISTRATION

  1. AIMEE VO CONSULTING cannot guarantee a requested domain name will be available.
  2. If you do not have an ABN or ACN, AIMEE VO CONSULTING can register a domain name on your behalf. Once you have your ABN or ACN, AIMEE VO CONSULTING can then transfer that domain name over to that entity, provided by you..
  3. If an AIMEE VO CONSULTING website package includes a free domain name, an ABN or ACN will be required for the registration of a 2 year Australian ‘.com.au’ domain name or a 1 year ‘.com’ domain name.
  4. All Australian ‘.com.au’ domain names purchased by AIMEE VO CONSULTING will be for the minimum 2 year period.
  5. If AIMEE VO CONSULTING register a domain name, it remains the property of the entity (ABN or ACN) used at registration.

 

WEBSITE TRANSFER

  1. AIMEE VO CONSULTING websites cannot be transferred away from AIMEE VO CONSULTING servers other than by agreement and only after payment of any and all outstanding fees are received.
    If a website transfer is agreed, AIMEE VO CONSULTING will prepare a set of files containing the contents of your website. An administration fee of $249 (+GST) is payable for this process.
    No responsibility can be taken by AIMEE VO CONSULTING for website or email disruption during any part of the transfer process.
  2. AIMEE VO CONSULTING cannot provide support for any website they do not host on their servers unless otherwise agreed.
  3. If you are transferring an existing WordPress built website to AIMEE VO CONSULTING (without purchasing a website design package), a one-off $249 (+GST) transfer fee plus a $500 (+GST) annual ‘Montly maintenance’ fee applies.
  4. If you are transferring your existing WordPress website to AIMEE VO CONSULTING, AIMEE VO CONSULTING cannot transfer your existing emails to our hosting platform. We recommend you take a copy of all emails from your existing host up to the point of transfer to AIMEE VO CONSULTING. Emails will be available for pick-up once the transfer of your website is complete.
  5. AIMEE VO CONSULTING cannot be held responsible for any emails lost during the transfer period and we recommend an alternative email address (hotmail, gmail, outlook or similar), be set up during that same time.

 

DISCLAIMER

  1. AIMEE VO CONSULTING shall not be liable, under any circumstances, for any loss of business, profits, goodwill or data, loss of use, interruption of business, or for any indirect, or consequential damages that result in any way from the customer’s use of, or inability to use the services, or that results from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or software.
  2. AIMEE VO CONSULTING cannot be responsible for any damages that may be suffered resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions, including interruption at payment gateways or email interruption or through receipt of spam emails.
  3. AIMEE VO CONSULTING makes no representations, warranties or assurances that the customer’s equipment will be compatible with the AIMEE VO CONSULTING service.

 

TRADEMARKS & COPYRIGHTS

  1. The design of your website (the look and feel) is under copyright and license from AIMEE VO CONSULTING for use by yourself. You are prohibited from selling, replicating or reproducing any of the design of your website without written permission.
  2. The customer warrants that it has the right to use any applicable trademarks on their website. 

 

LAWFUL PURPOSE
The Customer may only use AIMEE VO CONSULTING servers for lawful purpose. Transmission of any material in violation of any federal, state or local regulation is prohibited.

 

ACCEPTABLE USE POLICY
We offer several features of our web design services in a manner, which is effectively unlimited for the majority of our customers subject to our acceptable use policy. We further define those unlimited aspects as follows;

  • Website Design Revisions – We consider up to 4 revisions as acceptable use, it is rare for a customer to require more than 4.
  • Number of Pages – There is no limit other than the customer’s ability to create and manage them. However if you like Aimee Vo Consulting to undertake this for you – there is a fee of 200+GST for content uploads, this does not involve creative uploads
  • Email Addresses – We consider acceptable use for Pro, Pro Plus, Platinum and eCommerce websites to be up to 5 email accounts per domain and 15 alias addresses (i.e. email addresses that forward to others) and 3 email accounts for all other packages.
  • Website Hosting – We consider acceptable use to be less than 1Gb of storage space (over 20 times the average client’s use) and 5Gb of bandwidth per month (nearly 40 times the average client’s use). Additional space can be purchased should it be required.
  • Support – All support must be requested as an email to our support staff. Telephone support is only offered to Pro, Pro Plus, Platinum and eCommerce packages. Telephone support must be requested via email for a support member to allocated a time and research the request/question prior to the call.

 

LIMITED LIABILITY
1. AIMEE VO CONSULTING does not warrant that the service will not be interrupted or error free; nor make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the AIMEE VO CONSULTING servers, unless otherwise expressly stated in this Agreement.

  1. Under no circumstances, including negligence, shall AIMEE VO CONSULTING, its officers, agents or anyone else involved in creating, producing or distributing AIMEE VO CONSULTING web design services be liable for any damages that result from the use of, or inability to use the AIMEE VO CONSULTING service or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to communication failure, theft, destruction or unauthorised access to AIMEE VO CONSULTING’s records, programs or services.
  2. Notwithstanding the above, the customer’s exclusive remedies for all damages, losses and causes of actions shall not exceed the aggregate dollar amount which the customer paid during the term of this agreement and any reasonable attorney’s fee and court costs.

 

GOVERNING LAWS
This agreement shall be governed in all respects by the laws of New South Wales Australia. The parties irrevocably submit to the jurisdiction of the courts of New South Wales Australia.

 

SEVERABILITY

  1. Each provision of this agreement including these terms of service is severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced.
  2. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.

CONTRACT REVISIONS

  1. Revisions will be considered agreed to by the customer as specified in Section I. Financial Arrangements.
  2. This agreement constitutes the entire understanding of the parties. Any changes or modifications to this contract thereto, are agreed to by both parties upon renewal of services.
  3. These terms and conditions should be read in conjunction with any quotes for your AIMEE VO CONSULTING design agreement.