GFXserver : Building a Website : Website Design : Web Developer : Web Designer :

GFXserver :: terms and conditions

All services provided to the Customer by GFXserver are subject to the following terms and conditions.

1. Acceptance. A payment of an advance fee, deposit fee or payment online is deemed an acceptance of our terms and conditions, a copy of which is available via our website and at any time by request by GFXserver.

2. Quotation. Charges for the services to be provided by GFXserver are defined in the project quotation that the Customer receives via e-mail. Quotations are valid for a period of 30 days. GFXserver reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Items in a quotation provided by GFXserver are quoted to a fixed price based on requirements and information provided. No extra charges will be incurred to complete any quoted items unless further requirements or information is provided to GFXserver Design Solution by the Customer which significantly changes the quoted item. Any extra charges will be quoted to the Customer prior to commencement of the quoted item.

3. Charges and Payment (Standard).

a) All Website Design Projects quoted in the "Standard" method of payment require an advance deposit payment of a minimum of fifty (50) percent of the project quotation total before the work is commenced and submitted to the Customer for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to the project being set live on the server. Charges for the project does not cover the release of source psd, ai, png, fla or any other master working files; a separate quotation for these items can be prepared if the Customer requires these items.

b) Payment for services under the "Standard" method is due by cheque or direct bank deposit. Cheques should be made payable to GFXserver and sent to P.O. Box 725, Booval Qld 4304

4. Charges and Payment (Payment Plan).

a) All Website Design Projects quoted in the "Payment Plan" method are offered at a quoted amount over twenty four (24) months and are subject to the reading and acceptance of this document (GFXserver Terms and Conditions) by the Customer.

b) Payments will be deducted from the supplied Customers Credit Card on the 1st of each month for the duration of the 24 month payment period. The customer must complete and return a supplied Credit Card Authorisation form prior to the commencement of the project.

c) Declined or unsuccessful payments will incur an additional $5 administration charge for re-billing of the respective months payment amount.

d) The Customer's "Payment Plan" period will begin upon acceptance of the "Payment Plan" offer by the Customer.

e) By agreeing to GFXserver Terms and Conditions document, the Customer agrees and guarantees to supply approved monthly payment for the "Payment Plan" period of 24 months.

5. Customer Consultation. Where consultations are required between GFXserver and the Customer, charges may apply. Consultations which occur at GFXserver office, or telephone consultations are free of charge. Consultations which are required to take place at the Customer's premises may incur a consultation fee. Any consultation fees which may incur will be advised prior to a consultation.

6. Customer Review. GFXserver will provide the Customer with regular opportunities to review the appearance, layout and content of the project during the design and creation process. The initial stage of creation involves the design shell of the Website Design Project which, once finalised and approved by the Customer, will not be amended without additional cost to the Customer. At the completion of the project, such materials will be deemed to be accepted and approved unless the Customer notifies GFXserver otherwise within ten (10) days of the date the materials are made available to the Customer.

7. Turnaround Time and Content Control. GFXserver will provide the Customer's project by the agreed date wherever possible, unless a delay is specifically requested by the Customer and agreed by GFXserver.

In return, the Customer agrees to delegate a single individual as 'first-point-of-call' to aid GFXserver with progressing the project in a satisfactory and expedient manner.

During the project, GFXserver will require the Customer to provide text copy and content images.

Under a "Standard" method of payment, if content is not provided within four (4) weeks of an official request by email then GFXserver reserves the right to advise the Customer of a revision to the final payment fee based on new or revised pricing schedules should any changes in pricing schedules occur during this time. If content is not provided within eight (8) weeks from the original email request then the Customer is considered to be in default and the project will be terminated and the Customer sent the final invoice for immediate payment. GFXserver will agree, at its discretion, to recommence the project after agreement is reached on a new quotation document and once the original fees have been paid.

Under a "Payment Plan" method of payment, content requested to the Customer by GFXserver is to be provided in a timely manner for completion on the project, however quoted monthly payment will still continue to be deducted irrespective of any delays in the project due to late providing of requested content by the Customer.

8. Additions/Extras. Any additional items, pages or other features requested by the Customer to be included in an already quoted or invoiced project will be assessed by GFXserver and quoted or billed separately when in a "Standard" method of payment, or a quoted and adjusted monthly payment amount will be implemented when in a "Payment Plan" method of payment.

9. Default. Accounts which remain outstanding or unpaid thirty (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on GFXserver Web space, GFXserver will, at its discretion, remove all such material from its web space. GFXserver is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer's account. Cheques returned for insufficient funds will incur a return charge of $40 and the Customer's account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay GFXserver reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by GFXserver in enforcing these Terms and Conditions.

10. Termination. Termination of services must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing.

Upon termination of services under a "Standard" method of payment, the Customer will be invoiced for any design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Upon termination of services under a "Payment Plan" method of payment, the Customer is required to pay in full the balance of their monthly payments in relation to the remaining contact period. The monthly payments may be adjusted by GFXserver should any aspect of the quoted project not be fully completed at the date of first notice of cancellation.

11. Ownership. Any and all design, files, layouts and other items related to the project remain the full ownership of GFXserver until full and final payment has been made under a "Standard" method of payment, or at the end of a successfully completed contract period under a "Payment Plan" method of payment for the project. Ownership is transferred from GFXserver to the Customer upon final payment of the project.

12. Copyright. The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants GFXserver the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting GFXserver permission and rights for use of the same and agrees to indemnify and hold harmless GFXserver from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions. Evidence of permissions and authorities may be requested.

13. Intellectual Property. Any functions, coding, programming or other systems created by GFXserver which controls the Customers Website Design Project remains the property of GFXserver at all times. Upon the final payment of the Website Design Project, the Customer becomes the owner of the style, layout, general design and graphic design of the Website Design Project. The Customer also retains ownership all of the content placed onto the Website Design Project. The content, style and design on the Website Design Project will be made available should the Customer elect to leave GFXserver.

14. Standard Media Delivery. Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer in electronic format (ASCII text files delivered on disc or via e-mail) and that all photographs and other graphics will be provided electronically in .gif, .jpeg, .png or .tiff format. Images and photographs requiring external scanning, or documents provided in hard copy requiring re-typing may incur further charges. Although every reasonable attempt shall be made by GFXserver to return to the Customer any images or printed material provided for use in creation of the Customer's Web site, such return cannot be guaranteed.

15. Design Credit. A link to GFXserver will appear in either small type or by a small graphic at the bottom of the Customer's Web site. If a graphic is used, it will be designed to fit in with the overall site design.

16. Access Requirements. If the Customer's Web site is to be installed on a third-party server, GFXserver must be granted temporary read/write access to the Customer's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server which may incur further charges by the Customers third-party server provider.

17. Post-Placement Alterations. GFXserver cannot accept responsibility for any alterations caused by a third party occurring to the Customer's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

18. Domain Names. GFXserver may purchase domain names on behalf of the Customer. Payment and renewal of those domain names is then charged and paid by the Customer to GFXserver. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of GFXserver.

19. Confidentiality. GFXserver will not use other than for this Agreement, or disclose to any third party any knowledge or information obtained by or imparted to during or in connection with the fulfilment of this Agreement which is a confidential nature relating to the business strategies, products, services or processes related to the Customer. The obligation of this confidence will cease to apply regarding any information GFXserver is required to disclose by law.

20. General. These Terms and Conditions supersede all previous representations, understandings or agreements. The Customer's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions. GFXserver reserves the right to change any of the Terms and Conditions at any time and without prior notice

21. Governing Law. This Agreement shall be governed by Qld State Law.

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