Terms and Conditions
ibusinessformula.com.au (“ibusinessformula.com.au“, “We” or “Us“), is the owner, developer and distributor of the services associated with the building, management and hosting of web pages, including access to software which allows you the customer (“You“) to build and manage your (“Your“) website, and from time-to-time including additional features and upgrades and enhancements and such other services as agreed (“Services“). This terms and conditions cover all other digital marketing products too.
These terms and conditions are the terms on which ibusinessformula.com.au will provide the Services to You. These terms constitute the agreement between You and Us (“the Agreement“) in its entirety and supersede any prior agreements between You and Us in respect of the Services. We may modify these terms and conditions, (including without limitation the pricing for any of the Services), or give You notice under this Agreement, by notice on our website and/or by email. Such modifications will take effect 7 days after such notice has been provided. By accepting these terms and conditions, You also agree to accept and be bound by any changes made by ibusinessformula.com.au under this clause.
1. Standard terms and conditions
These are the standard terms and conditions for website design and development applied to all contracts and all work undertaken by group 4 united pty ltd trading as ibusiness formula for its clients. By accessing or using the service you agree to be bound by these terms. If you disagree with any part of the terms then you may not access the service.
2. Our fees and deposits
Monthly Repayment Option: Upon agreement on the contract a flat amount of $499 deposit of the total invoice amount is due upon you immediately. The remaining amount shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” (ref: 7) and “rejected work”(ref:8) clauses. We also offer instalment payments. The remaining amount, after agreeing to the total package amount, could be broken into 12 instalments and pay on a monthly basis.
Below will be applied to all products:
We reserve the right
- not to commence any work until the deposit has been paid in full.
- to charge any additional fees that may apply while accepting the payment (rate may vary depending on the payment method).
- GST will be required to be paid by the client and will be added to the total package amount
The initial deposit amount is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault from our side.
3. Supply of necessary materials
- You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include but are not limited to, logos, photographs, written copies and other printed material, both soft and hard copies. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable timeframe.
- In case you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
- We can provide support to create content for your website but that work will be required to be paid as per the agreement. The package prices quoted in the website do not include content creation costs
- You will ensure that Your website content (and anything relating to Your website or to the Services) is not illegal; deceptive; inaccurate; defamatory; pornographic, obscene or sexually explicit; discriminatory to any race, ethnic group, religion, or sect; discriminatory or offensive to the disabled or any physically, socially or economically disadvantaged sector of the community; discriminatory against any persons of a particular gender or sexual persuasion; discriminatory against any professional or trade group; offensive, or derogatory to any person or persons; or likely to in any way interfere with or harm the business of any person or entity or to interfere in any way with the natural course of business.
- You will also ensure that Your website is not used for any “spamming” activity or any misleading or deceptive conduct or other illegal or unethical marketing practice. You further warrant that nothing on Your site will breach copyright or other Intellectual Property Rights, or will be contrary to the terms of any binding confidentiality or other agreement nor breach the Privacy Act or equivalent or any other laws or legal requirement.
- ibusinessformula.com.au does not condone activities and actions that breach the rights of copyright owners. It is Your responsibility to obey all laws governing copyright.
- ibusinessformula.com.au may, but shall not be obligated to, immediately and without notice, terminate the provision of Services to You and remove Your website or Your access to it, if We are of the reasonable opinion that You may be in breach of this clause of this Agreement and such termination may take place immediately on detection of such conduct and without notice to You. You acknowledge that You shall have no remedy or recourse against ibusinessformula.com.au.
- Upon termination under this clause, ibusinessformula.com.au shall have the right to delete and/or destroy any and all of the content of Your website and Your information, without accounting to You for such destruction.
- You shall have no redress against ibusinessformula.com.au in respect of any loss or claimed loss arising out of anything done under this clause.
- Notwithstanding termination under this clause, ibusinessformula.com.au shall be entitled to receive payment from You for the Services for the term of this Agreement currently in force at the time of such termination. ibusinessformula.com.au does not accept liability for anything on Your website or which in any way relates to it and if any claim is made or threatened against ibusinessformula.com.au in respect of Your website or any use of Your website, and You will indemnify and keep ibusinessformula.com.au fully indemnified in respect of any claim, loss, cost or damage suffered or incurred by ibusinessformula.com.au as consequence of Your website or any content or link on Your website.
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at the rate of $50.00 per hour.
5. Domain Name and Registration:
You agree to read and abide by the domain registration policies, available at:
http://www.auda.org.au/policy/policy-overview/ for .au domain names; and
6. Project delays and client liability
- http://www.enom.com/terms/agreement.asp and https://www.icann.org/resources/pages/benefits-2013-09-16-en for all other domain names.
- You authorise ibusinessformula.com.au to communicate Your contact details to the relevant domain registry to be made available to the general public, upon request of the relevant domain registry.
- 2 years for a .au domain name; and
- 1 – 10 years for a .com, .net, .org, .biz or .info domain name; and
- The period of agreement for a subdomain.
- ibusinessformula.com.au does not represent nor guarantee that You or ibusinessformula.com.au have rights to ownership of any domain name purchased. You should refrain from taking any action to register or renew a domain name prior to confirm of registration or renewal from ibusinessformula.com.au. ibusinessformula.com.au does not guarantee successful registration or renewal of a domain name.
- Failure by You to pay any fee (including, but not limited to, any renewal fee) for any domain name by the stipulated due date may result in the domain name being deactivated or deleted by the relevant domain name registry. Under no circumstances will ibusinessformula.com.au refund any fees paid by You to ibusinessformula.com.au in relation to any domain name.
- ibusinessformula.com.au reserves the right to deactivate or cancel a domain name the use of which is illegal, fraudulent, infringes the intellectual property rights or other legal rights of a third party, or is defamatory to or disparaging of a third party. You will indemnify and keep ibusinessformula.com.au fully indemnified in respect of any claim, loss, cost or damage suffered or incurred by ibusinessformula.com.au as consequence of Your use of a domain name.
- The term of the domain name license (ie that period of time for which the license is granted to You) will be:
- When You purchase a domain name from ibusinessformula.com.au You will be purchasing the use of the domain name for the specified term, unless otherwise agreed with ibusinessformula.com.au. Upon expiration of the initial term for the domain name license, the domain name license may be renewed for a further period equal to the period of the initial term.
- It is Your sole responsibility to ensure that registration of a domain name is renewed when necessary and ibusinessformula.com.au takes no responsibility for losses or expenses arising out of any failure by You as the Licensee of any domain name to renew the registration of a domain name.
Any time frames or estimates that we give are dependent on your full cooperation and complete and final content of the required document for the work pages. During development, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
7. Approval of work
Upon completion of the work, you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 3 working days of such notification. Any development and/or design, which has not been reported in writing to us as unsatisfactory within the 3 working days review period, will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the remaining balance after the initial payment amount of the project cost will become due.
8. Rejection of work
You can reject any of our work within the 3 working days review period. However, if we, acting reasonably, consider that you have been unreasonable in any rejection of the work, can elect to treat this contract to end and take measures to recover payment for the completed work.
Correspondence from ibusinessformula.com.au will be sent to You via the primary contact email address that You provided during the sign-up process. ibusinessformula.com.au waives any responsibility for correspondence not being received at this address. It is Your responsibility to immediately advise Us of any change to Your primary contact email address.
11. Additional expenses
- Upon completion of the 3 working days review period, the remaining amount after the initial payment amount of the invoice shall become due immediately.
- You are responsible for all prices and charges for Services and any other amounts (such as excess storage and bandwidth coverage) incurred by Yourself or Your authorized representative or as a result of any use of a product or Service, in accordance with the billing provisions specified in the payment confirmation.
- In the event that ibusinessformula.com.au issues You an invoice in arrears for any service or product, You fail to pay for any Service or product by the set due date or You fail to pay any other amount owing under this clause, ibusinessformula.com.au reserves the right to, in addition to any other right:
- charge a penalty fee to You at an applicable amount until the relevant amount owing is paid;
- suspend or terminate any Services or products provided to You by ibusinessformula.com.au; and
- not renew or register any Services or products provided to You by ibusinessformula.com.au to a third party.
- Any suspension does not relieve You of Your obligation to make payments under this Agreement including circumstances where a credit card transaction declined. If this occurs an email will be sent to the primary email address that You have provided for us. Failure to provide us with changes to Your primary email address will not result in any extension.
- You agree, in the event of default, to pay ibusinessformula.com.au our reasonable expenses, including legal and collection agency fees, incurred in enforcing our rights under this Agreement. Fees are exclusive of any taxes which may be levied or assessed. Any such taxes shall be paid by You. If the whole or any part of a payment is the consideration for a Taxable Supply for GST purposes, You must pay to ibusinessformula.com.au an additional amount equal to the applicable GST amount with that payment and ibusinessformula.com.au will provide you with a GST tax invoice.
- ibusinessformula.com.au reserves the right to sell any amounts of money owed by You to ibusinessformula.com.au under this agreement to a debt collector.
You agree to reimburse us for any requested expenses, which do not form part of our proposal/package, including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses and consulting.
Ibusinessformula.com.au may offer instalment payments to You to pay off the remaining balance after the initial payment was made. For example, if the total package payment was agreed to be $2,299 and the initial payment was agreed to be $499, then the remaining amount after initial payment will be broken down into 12 equal monthly payment. For example, it will be $150 per month to pay off the remaining ($2,299 – $499) = $1,899. The following conditions must be met for You to quality for the monthly installment payment option:
- You have an established business (at least running for the last 12 months). This is to make sure that there is strong probability that your business is going to be operational for the duration of the next 12 months
- You must set up direct debit using a Visa and Mastercard. Please note, no bank transfer setup will be accepted as this may cause extra admin work for Us
- You must go with a web hosting plan with ibusinessformula.com.au. This is to ensure that we have enough control to avoid any fraudulent activity.
- Both You and Us would agree to the monthly payment amount.
- iBusinessformula.com.au will have complete rights and permission to suspend your website if payments have not been made in a reasonable time frame (within 5 workings days from the due monthly instalment date)
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
. Ownership of domain names and web hosting
We will supply you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify ibusiness Formula and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of internet electronic commerce.
15. Customer Information
16. Use of Customer Information
- You will need to supply ibusinessformula.com.au with accurate, complete and up-to-date personal information, including billing and account information, so as to be supplied with products, Services and payment confirmation. You shall notify ibusinessformula.com.au of any changes to Your contact
- ibusinessformula.com.au will not be responsible if You do not receive important notifications (such as renewal notices) due to inaccurate personal information or Your failure to notify ibusinessformula.com.au of changes to Your personal details.
ibusinessformula.com.au cannot and does not know or control whether You have given access to Your ibusinessformula.com.au account to other people and recommends that You keep password and login in details confidential. You are totally responsible for when and how Your account with ibusinessformula.com.au is used and the actions of the people (if any) You allow to access, or transmit information through, ibusinessformula.com.au’s computer systems and network resources or otherwise utilise the Services (whether or not You have given them Your login and password details or not).
18. Reliance on Services
Whether You are using the Services for private or commercial purposes, or both, You agree and understand that the quality and continuity of ibusinessformula.com.au’s Services depends on factors over which ibusinessformula.com.au has no control and cannot seek to control. ibusinessformula.com.au may be required to perform maintenance, which also may affect the quality, and continuity of ibusinessformula.com.au’s Services.
ibusinessformula.com.au will take all reasonable steps to notify You of such maintenance when permitted by the circumstances. Whilst ibusinessformula.com.au will endeavour to maintain ongoing access, it is probably in such an operating environment that disruptions and failures of any or all computer systems, network resources, and the Services may occur. Recognising this, You agree that:
ibusinessformula.com.au cannot and does not guarantee, warrant or otherwise imply that You will receive constant and uninterrupted access;
ibusinessformula.com.au will provide You with access at any given time only as the circumstances allow; and
ibusinessformula.com.au cannot always ensure that it’s computer systems and network resources will be fully or continually protected from unlawful access by others, including the infection of data or other information by viruses, or the alteration, misuse, or stealing of data or other information or that any of these activities will be detected.
19. Warranty by you as to ownership of intellectual property rights
- You grant to ibusinessformula.com.au the right to disclose your personal information to other parties, including customer enquiries, mailing operations and billing and debt-recovery entities, in order to ensure that ibusinessformula.com.au is able to effectively provide its Services to You.
- You acknowledge and consent to the disclosure by ibusinessformula.com.au to any law enforcement agency in any jurisdiction that is investigating any breach or suspected breach of any law in any jurisdiction of Your identity or other personal information provided by You to ibusinessformula.com.au, upon ibusinessformula.com.au being requested to do so by that law enforcement agency.
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
20. Service Warranty
iBusinessformula.com.au will provide 30 days money back guarantee for website development in case if the overall quality and functionality of the website developed do not meet the expected standard by You as long as the expectations are reasonable.
The 30 days money back guarantee will commence from the day the website officially goes live.
Certain legislation (including the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1999 (Vic)) may imply terms, warranties or conditions that cannot be excluded, restricted or modified (“Statutory Warranties“). Subject to the Statutory Warranties and to any other warranties specifically given by ibusinessformula.com.au:
- all conditions, warranties and other provisions which might otherwise have been implied into this Agreement or otherwise in relation to the Services, are excluded; and
- You acknowledge that all software (including that used to provide the Services) may have errors, and that it is therefore Your responsibility to monitor and verify the use of the Services.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
23. Search engines
We do not guarantee any specific position in search engine results for your website. We develop websites with search engine optimisation capability but it does not guarantee a result in Google search ranking. We provide additional products and services related to search engine optimisation
24. Consequential loss
25. Links and Publicity:
- We shall not be liable for any loss or damage, which you may suffer, which is, in any way attributable, to any delay in performance or completion of our contract, however that delay arises.
- You are responsible for all data, content, materials and files supplied by You to ibusinessformula.com.au. It is solely Your responsibility to store back up of all data, content, materials and files supplied by You to ibusinessformula.com.au on Your own server.
By entering into this Agreement You acknowledge and agree that ibusinessformula.com.au may use Your name, and logo for the express and sole purpose of identifying You as a client of ibusinessformula.com.au in its marketing material, both print and electronic and that ibusinessformula.com.au may place on Your website a hyperlink to ibusinessformula.com.au
’s website labelled “designed by ibusinessformula.com.au” or words to similar effect. You may elect to withdraw Your permission for the use of Your name and logo in ibusinessformula.com.au’s marketing material but must do so in writing with 30 days notification for withdrawal of any material from the commercial domain. ibusinessformula.com.au accepts no liability for, nor warrants the accuracy of any content associated with any of its customers’ websites.
26. Trademarks and Intellectual Property Rights
is the sole and exclusive owner of the Services and the underlying software code and all Intellectual Property Rights in relation to the Services. All improvements to the Services will remain the property of ibusinessformula.com.au. ibusinessformula.com.au shall have and retain sole ownership of its trademarks, including the goodwill pertaining thereto.
27. Website License
You hereby grant ibusinessformula.com.au a license to cache Your website. You also agree that caching of Your website by ibusinessformula.com.au is not a breach of Your or any other parties’ intellectual property rights.
28. Trade and Business Obligations
You agree to comply with all requirements for the conduct of business applicable to persons conducting business both in Australia and in Your country of residence, and in particular not to breach any export law or trade restriction by the sale or supply of goods or services on Your website.
ibusinessformula.com.au will not be liable for any software or hardware issues that may reside at the client’s end that limits or interferes with the Services provided by ibusinessformula.com.au. These include, but are not limited to, complex networks that do not allow network traffic through to ibusinessformula.com.au servers including proxy servers, terminal services or ISP issues, and software conflicts on a client’s machine, not allowing the ibusinessformula.com.au software to be installed, used or accessed.
31. Force Majeure
- To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of ibusiness Formula under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
- To the extent permitted by law, You indemnify and agree to keep ibusinessformula.com.au indemnified against any loss or claim arising out of Your use of the Services
We will not be liable for any act, omission, or failure to fulfill our obligations under this Agreement to the extent that such act, omission, or failure arises from any cause reasonably beyond our control including, but not limited to, acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental action, fire, server and communication line failures, power failures, earthquakes or other similar disasters (called “Force Majeure”). However, We will take reasonable steps to inform You of any such cause and to continue to perform our obligations under this Agreement.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not, at any time, disclose any of your confidential information to any third party. If a 3rd party hacking takes place, which can be considered as unavoidable, you must indemnify us and hold us harmless from any claims of loss or legal actions related to the hacking or vandalization.
By downloading, installing or using any ibusinessformula.com.au programs, products or services you are consenting to be bound by this agreement.