Terms and Conditions

Definitions

In these conditions unless the context otherwise requires:

  1. We, Us, Our, The Company refers to AXDC Absolute XDC Limited
  2. The Client, You, Your refers to The Client
  3. Services mean the services being purchased by The Client from Us
  4. Project, Job refers to the contracted project undertaken by AXDC Absolute XDC Limited
  5. Plugins refer to WordPress plugins or any third party code or scripts

Quotation

The Client may request a quotation from Us setting out the price and quantity of the goods to be supplied. If the quotation is acceptable to The Client, The Client may place an order within an acceptable timeframe. Quotes remain valid for 30 days.

Acceptance

If any instruction is received by Us from The Client for the supply of products and/or services, it shall constitute acceptance of the Terms and Conditions contained herein. Upon acceptance of these Terms and Conditions by The Client, the Terms and Conditions are definitive and binding.

Website design & development

  1. An initial design will be sent through to you, one major design revision can be made at this stage. Once the design has been signed off, there can be up to two minor revisions.
  2. Once the design has been approved by The Client, any additional design changes will be done at $80 per hour.
  3. Designs can be approved verbally or in writing.
  4. Up to 6 web pages of content will be loaded into your website. If additional web pages need to be loaded in, this will be done at $80 per hour. Alternatively, The Client may enter the content themselves if they have purchased a package which includes a Content Management System (training provided).
  5. Up to 65 images will be loaded into image galleries per website. Additional images will be added at $80 per hour.
  6. Product entry is not included in the price of the Ecommerce package. Any products to be entered into your Ecommerce website will be done at $80 per hour. Alternatively, The Client may enter the products themselves (training provided).
  7. All images, graphics and content are to be supplied by The Client at their expense. Some content may be provided by us at an additional quoted price.
  8. AXDC Absolute XDC Limited takes no responsibility for any third party software’s functionality or compatibility that you wish to have integrated into your website. Integration of third party software can be done at $80 per hour.
  9. We may choose to feature your website in our portfolio.
  10. A discreet ‘Website design by AXDC’ will be displayed on the footer of your website unless requested otherwise.
  11. AXDC Absolute XDC Limited takes no responsibility for issues relating to copyright infringement based on text, images, or any other content supplied to us. It is The Client’s responsibility to take reasonable steps to ensure the content they provide is not under copyright. If it is found that we have been supplied with materials under copyright and are instructed by court authority, we will comply. Any costs related to copyright infringement will be absorbed by The Client.
  12. After website completion, if The Client or third party on The Client’s behalf edits or updates the website, they do so assuming full responsibility for any issues which occur as a result of changing the code themselves. If The Client or a third party on their behalf make changes to the website’s code, AXDC Absolute XDC Limited reserves the right to quote for work to repair the website.

Website device and browser compatibility 

Due to the constantly changing and vast tech eco-system, we do not guarantee your website will be compatible with all internet connected devices, web browsers, or screen sizes, however your website will be tested on:

  1. The latest versions (at the time of website completion) of Google Chrome, Firefox, Microsoft Edge,  Safari, Google Chrome on Android, and Safari on iPad.
  2. A desktop computer running Windows 10, a Macbook Air running Mac OSX, an iPad running iOS, and an Android phone.
  3. The following screen sizes (measured diagonally from top corner to opposite bottom corner):
    23 inch (Desktop PC), 13 inch (Macbook Air), 9.7 inch (iPad in portrait & landscape mode), and 6 inch (Android phone).

Please note: Some web browsers may not support a certain feature of your website. We will alert you during the testing stage if this is the case.

The background of the website may appear differently between computers, dependent on the screen resolution set.

Colours and fonts differ between computers, dependent on the monitor, screen resolution, web browser, and whether the person viewing the site is on a mobile device.

We are not required to update your website if following website sign off a future web browser or device update causes your website to no longer be compatible with a particular web browser or device. If you notice anything not behaving as it should, contact us and we will send you a quote for an update.

Website & email hosting

  1. Website & email hosting is charged in one month blocks.
  2. Payment will be made monthly directly into our bank account unless otherwise agreed.
  3. Up to 1GB of website disk space/storage per domain name is included in our hosting plans. Any additional website storage will be charged for at $3.00 per GB per month in 1GB blocks, rounded up to the nearest 1GB.
  4. Unless specified by Us, email hosting is not provided as part of our web hosting plans.
  5. Up to 5GB of email storage per domain name is included in our email hosting plans. Any additional email storage will be charged for at $3.00 per GB per month in 1GB blocks, rounded up to the nearest 1GB.
  6. A fair use policy applies to bandwidth use. 5GB of bandwidth per month is considered fair use for a website. Most websites use much less than these amounts. Additional charges may be incurred for Clients with bandwidths larger than the fair use policy amounts.
  7. AXDC Absolute XDC Limited will make all reasonable efforts to ensure website loading speed and uptime is at optimum levels, but will not be held liable by The Client for issues relating to server performance or website functionality.
  8. Administrative access to your website or server access may be revoked if The Client has an outstanding balance.
  9. AXDC Absolute XDC Limited are not liable for any illegal content uploaded to our web server by The Client or any third party that has been provided access.
  10. It is The Client’s sole responsibility to safeguard against any loss of or damage to data stored on the website & email servers and/or any loss or damage to you as a result of your failure to undertake such safeguards.
  11. You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
  12. AXDC Absolute XDC Limited can provide assistance for accessing your emails on a variety devices. These will be charged at $80 per hour. We cannot guarantee support/access for all devices.
  13. We do not guarantee 100% uptime of the website & email server. AXDC Absolute XDC Limited will not be held liable for any loss or damages due to website or email downtime.
  14. AXDC Absolute XDC Limited are not responsible for maintaining backups of any email accounts hosted by us.
  15. AXDC Absolute XDC Limited are not responsible for ensuring any data stored on our servers are compliant with any legislation or regulation that affects your business.
  16. You must not:
    1. use our server in any way that is illegal, unlawful, or fraudulent.
    2. use our server to copy, host, store, transmit, or distribute any material which contains any spyware, worm, computer virus, keystroke logger, or any other malicious software.
    3. use our server to send emails or electronic messages that violate the Unsolicited Electronic Messages Act 2007.

Website software updates, maintenance, and integration

The websites we build are built on open source software that is continually being updated. This means that the software and plugins that our websites are built with occasionally require updating to ensure they are secure and functional.

  1. We only update/maintain websites that we host. If we build a website that is hosted with another provider, we are not responsible for keeping any of the website software and plugins up to date. We will also not be responsible for the website security or website backups. We will not provide any software/plugin licences for websites that we do not host.
  2. We update the WordPress core and plugins approximately every three months.
  3. We only update plugins that we support. Supported plugins are what we install on the website prior to going live.
  4. Any plugins you (or someone acting on your behalf) install on your website, or request us to install on your website will not be updated by us unless requested.
  5. There may be a fee for updating non-supported plugins, or testing a site after updates of non-supported plugins.
  6. Occasionally there may be major updates to the software your website uses, or software no longer being supported, or other changes beyond our control that require your website and/or software to be updated. This may require a considerable amount of development time and may incur a charge. We will provide a quote before commencing any updates.
  7. For websites that have third party integrations, such as a Facebook feed or connecting to a payment gateway, there may be updates that require development work for those aspects of the website to continue to operate. If we are notified in advanced we will inform you of the required updates to be made. These updates will be charged at our hourly rate and we will provide a quote before commencing any updates.

Editing an existing website

If you request that we make changes to your existing website that we didn’t build, or do not host, the following conditions apply.

  1. We require access to the administration section of the website, FTP details, and any other relevant credentials to edit your website.
  2. Credentials provided via email will be stored in plain text in their original email message. A copy of the credentials will also be stored in our secure password manager.
  3. AXDC Absolute XDC Limited will not be liable if the credentials provided to us are used for unauthorised logins to the website.
  4. We will include a quote for initially backing up the website before proceeding, so that we can restore the site if necessary.
  5. In the unlikely event that your website’s look or functionality is negatively altered by changes we made, we will attempt to fix this, but we are not liable for any issues caused by changes we made.

Deleting a website

At your request, we will delete your website from our server and systems.

  1. Unless an exception is specified, we will remove the website from our server, DNS hosting, Email hosting, Website files, website database, and cancel the domain name registration.
  2. We will state a date from which the above actions will be performed. You will not be charged for hosting after the specified date. The website may remain live after this date until we remove it from our system.
  3. There is no charge for bringing down a website that we host on our servers.
  4. There may be a charge if you would like a backup of the website files.
  5. If you decide to temporarily bring down your website, there will be a charge to bring the website back up live.
  6. We may cancel the domain name(s) before it would normally expire. There will be no refund for this.
  7. It is at our discretion to refund any hosting fees.
  8. We are not responsible to keep a backup of the website files or database once we have removed it from our system.
  9. If you wish to keep any data such as Google Analytics or other third party systems, we can migrate these to you. If you do not request this, they will be deleted and will not be able to be retrieved.
  10. We will delete your email hosting, which means any email accounts we host will no longer be able to receive emails. We will also delete the email accounts from our servers. Any emails not migrated elsewhere by you will be deleted and will not be able to be retrieved.
  11. We are not responsible for keeping a backup of any emails or email accounts that we were hosting.

Domain names

  1. Domain names are renewed in two year blocks.
  2. AXDC Absolute XDC Limited will automatically send invoices to The Client up to six months prior to domain name expiring for each domain name we manage.
  3. The Client has up to seven days to contact us if they wish to cancel the domain name. We will cancel the domain and void the invoice. If The client pays the invoice or doesn’t contact us within seven days of the invoice, we will renew the domain name.

Search engine optimisation (SEO)

  1. Factors such as keyword competition and popularity can have a significant effect on your website’s page rankings. It is The Client’s responsibility to optimise their content. We take no responsibility the affect your content may have on your website.
  2. While AXDC Absolute XDC Limited endeavours to adhere to best practice SEO techniques, we provide no guarantee that your website will become listed any higher on search engines.

Price

  1. All prices are quoted exclusive of GST
  2. The price shall be as indicated on invoices provided by AXDC Absolute XDC Limited to The Client in respect of products and/ or services supplied; or
  3. The price is as per the quote (valid for 30 days from date quoted). Any additional work will be charged over and above the quoted price.
  4. The Client agrees that the cost price shall be determined by The Company, and shall take into consideration “one-off” costs such as design and production
  5. We reserve the right to implement a surcharge for alterations to specifications of products after the order has been placed

Payment, late payment, default of payment and consequences of default of payment

  1. The method of payment will be made by cash, by direct credit, or by any other method as agreed to between The Client and AXDC Absolute XDC Limited.
  2. Time for payment for the products and/or services will be stated on the invoice, quotation, tender documents, work authorisation form or any other work commencement forms.
  3. Subject to any provision to the contrary in the Contract, payment shall be received within seven days following date of invoice to The Client, which shall be issued promptly on or after delivery of the goods.
  4. If work has been started but cannot continue due to a delay in required material (e.g. text/images/input), AXDC Absolute XDC Limited can send a partial invoice for work completed.
  5. Late payment shall incur interest at the rate of 10% per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by AXDC Absolute XDC Limited, but without prejudice to our other rights or remedies in respect of The Client’s default in failing to make payment on the due date.
  6. Without prejudice to any other remedies AXDC Absolute XDC Limited may have, if at any time The Client is in breach of any obligation (including those relating to payment), AXDC Absolute XDC Limited may suspend or terminate the supply of goods and/or services to The Client and any of its other obligations under the Terms and Conditions. AXDC Absolute XDC Limited will not be liable to The Client for any loss or damage The Client suffers because The Company exercised its rights under this clause.
  7. In the event that:
    1. any money payable to The Company becomes overdue, or in The Company’s opinion The Client will be unable to meet its payments as they fall due; or
    2. The Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
    3. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of The Client or any asset of The Client; then without prejudice to The Company’s other remedies at law
    4. The Company shall be entitled to cancel all or any part of any order of The Client that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to The Company shall, whether or not due for payment, immediately become payable.
  8. If The Client doesn’t pay our fees or are otherwise in debt to us:
    1. We may take action against you to recover that debt, for example by using a third party debt collection service.
    2. You will be liable for all expenses that we incur trying to recover that debt, including legal costs and debt collection fees.

Dispute resolution

AXDC Absolute XDC Limited will endeavour to resolve any dispute between The Client and itself without the need for Court proceedings. Any such attempt is without legal prejudice.

Reservation of Title

Ownership and title of the goods remains with us until the purchased price and all other monies owing by The Client, under the contract or any other contract to us, have been paid in full.

Liability

AXDC Absolute XDC Limited shall not be liable for any loss of any kind whatsoever suffered by The Client as a result of any breach of any of our obligations under the contract, including any cancellation of the contract or any negligence on the part of AXDC Absolute XDC Limited, its servants, agents or contractors, nor shall AXDC Absolute XDC Limited be liable for any loss, damage or injury caused to The Client’s servants, agents, contractors, Clients, visitors, tenants, trespassers or other persons. The Client shall indemnify AXDC Absolute XDC Limited against any claim by any such person.

If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us here.

Any changes to our Terms and Conditions will be updated on this page.