Rent A Website Contract
TERMS AND CONDITIONS
This agreement is between Premium IT Solutions Pty Ltd. (“Company” “We”), ABN 76127124725 and ___________________________ (“Client” “you”), ABN _________________.
Statement of Work: We provide websites as per your requirements using our designs and content provided by you. We are also able to provide the art work for the website and create content, if needed by you. You have to provide the logos and images. We apply patches on a monthly basis to update the functionality of the website, for new legislation compliance, software compatibility and web standards. We backup the website periodically on a regular basis.
The following are not included in this Agreement and are for the account of the Client: Internet access; Purchase of a domain name; License for applications, programs or any content to be installed or included in the Project; __________. Email hosting is not available with this service.
You can rent a website design for a minimum period of 12 months.
Intellectual Property: You are responsible for all the content/information provided by you. You will need to get permission for any material content to be incorporated in your website from the relevant person or company if needed. Company will not be held responsible for information acquired from you. You agree to hold harmless, protect and defend the Company from any claim or suit that may arise as a result of using the supplied content. The Company makes no claim of ownership over the materials provided by you to the Company.
Copyright of the completed web designs, images, pages, code and source files created by the Company and any other Intellectual properties belong to Company unless otherwise agreed to before the contract has started. You agree to abide by the terms of any third party software or media included within any work done for you. You will not be provided access to add or remove any software from the website. However, you will be provided an account to add additional content to the website.
Prohibited Contents: The Company reserves the right to refuse to handle: Any media that is unlawful or inappropriate, constitutes harassment, racism, violence, obscenity, harmful intent or spamming, a criminal offence, or infringes privacy or copyright; that contains a virus or hostile program.
You understand that any web hosting may require a separate contract with a web hosting service. We host the domains on behalf of you through various suppliers which allow Premium IT Solutions Pty Ltd full access to the website. We operate a fair usage policy. Company reserves the right to move your data to a different server with no previous notice. We reserve the right to suspend service from time to time for ongoing maintenance.
FEE & PAYMENT: Our web design and development quotes are dependent on your requirement and job done by us. You agree to pay monthly rental of $ _______. All accounts are set up on a pre-pay basis. You will automatically be charged by direct debit at the end of your pre-pay period unless closure notification has already been given. The Company reserves the right to remove its work for you from the Internet if payments are not received.
You agree that the information that you have given us or give to us in the future is correct and is in no way misleading, offensive or against any Country’s Law. You will maintain secrecy of your passwords and will be solely responsible for any unauthorized access to your account by any person.
Suspension of services: We reserve the right to suspend all or any of the services that we have given to you, including those that have been already paid for should any of these terms not be met.
Confidentiality and Proprietary rights: You will keep the details of the Agreement and any such information which you may learn about Company, our business technology and our clientele, strictly confidential and agree not to disclose it to any third party. The requirements of use and confidentiality set forth herein shall survive the expiration, termination or cancellation of this Agreement.
Limitation of liability: (a) Company shall not be liable to you for any loss or damage caused or arising directly or indirectly out of Company’s services provided under this Agreement. (b) Notwithstanding the generality of (a) above, Company expressly excludes liability for any indirect, special, consequential or incidental loss or damage which may arise in respect of the services to be provided under this Agreement. We will not be liable to make any payment to you in any events that are beyond our control such as our computers, technology in general, telecommunication equipment including satellite and internet suppliers. We are liable to you to cover the contract and services provided to you as long as none of the other points in this contract are broken by you. Under any circumstance the maximum liability of the Company is restricted to the amount paid by you in connection with this service during the past 3 months before the occurrence of the incident.
Indemnity: You agree to defend, indemnify and hold harmless Company against liabilities arising out of: (a) any injury to person or property caused by any products sold or otherwise distributed in connection with Company server; (b) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; (c) copyright infringement; (d) any defective products sold to customers from Company server and (e) claims arising from omission to inform or implement the updates needed for the site. You agree that this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.
Warranty Disclaimer: Company makes no warranties with regard to the site and its contents. The Company cannot guarantee the functionality or operations of their website under all circumstances. Company will not be responsible for any damages or losses your business may suffer. Company makes no warranties of any kind, express or implied for services it provides. Company disclaims any warranty or merchantability or fitness for a particular purpose. You agree that the Company is not liable for any failure to carry out services for reasons beyond its control.
Modification: To maintain the quality of our service to our clients we reserve the right to change these terms and conditions and the nature of our services, which we have agreed to provide to you by giving you at least 10 days written notice. This notice will appear on our website.
Assignment: You may not assign this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of the company. Any assignment in violation of this provision shall produce no effect and shall not be binding on the company. The company reserves the right to assign any portion of the work covered by this Agreement to ensure completion of the project within the period agreed upon, or for ensuring continuity of services provided to you.
Severability: If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction then such part shall be severed for that jurisdiction. The remainder of these Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.
Governing Law: These Terms and Conditions are governed by the law in force in the State of Queensland, Australia, and the parties irrevocably submit to the nonexclusive jurisdiction of the courts of Queensland, Australia, for determining any dispute concerning the Terms and Conditions.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date below-written.
Premium IT Solutions Pty Ltd