SALES TERMS & CONDITIONS
EZECOMMERCE is the legal trading name of who is providing you this service. The Client refers to the customer who is paying for this service.
Ezecommerce reserves the right to change these terms and conditions at any time. Whenever there is a change in our Terms and Conditions, we will email out this update to all of our client’s email addresses. It is the Client’s responsibility to keep us updated on their contact details.
THE RESPONSIBILITY YOU HAVE AS A BUSINESS OWNER
You agree that you have read all guidance by ACCC or the local commercial business trading laws of where your business resides, and agree that your own terms and conditions and business information abide by these guidelines, and that you accept full responsibility if you are acting in an opposing way to the law. https://www.accc.gov.au/business
Expiration of a domain can result in service disruption and loss of domain. All domain registrations and renewals are at the expense of the Client. The Client can request Ezecommerce to manage this responsibility, until we are hired to do so, we are not responsible. Ezecommerce is not responsible for illegal acquisitions of domains. The client is responsible for all penalties associated with illegal acquisition of domains. Ezecommerce will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date. It is the client’s responsibility to renew their domain names with us. All invoices and dues must be paid in full before we release the requested domain name. Ezecommerce has the domains in a common pool account and therefore cannot give access to its domain control panel. Ezecommerce offer domain packages in coordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a face to face meeting.
By accepting a quote, you agree to and accept the terms and conditions of Ezecommerce. Acceptance can be by email or payment of Initiation
Clients to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.
Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by Ezecommerce.
There are limited man-hours allocated to each task including Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours. This will be analysed on a case-by-case basis.
Ezecommerce will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.
Any delays at client’s end, may delay the project and proposed timeframes and may incur additional costs.
Any bugs (programming errors) reported during or just after the development does not attract additional charges.
Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.
Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will Ezecommerce be liable for any delays caused by change in the project brief.
Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.
Our websites/applications are generally tested on all devices and include latest or near recent versions of following browsers: Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.
Responsive/multi-device compatible web pages are tested on iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.
If your website/application is not hosted on an Ezecommerce server, any additional man-hours that may be required due to any server or network related issues are not covered in our quotes and may be charged separately.
Please note that at any stage during the project, stalling of the project for over two calendar months will incur $99/week administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.
Ezecommerce software codes (not including open source software) are copyrights of Ezecommerce. The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.
The website or software application will be designed to be deployed on the web, via using a commercial grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.
Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although Ezecommerce does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes.
Ezecommerce takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc.
Ezecommerce offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalise us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.
Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.
Hosting charges are not included in the quotations unless mentioned otherwise. Ezecommerce can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. Ezecommerce will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.
Ezecommerce generally builds and tests the websites/applications on our own servers or hosted domains. Ezecommerce cannot give access to test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.
Nothwithstanding any other provision in the agreement, in consideration of the Client entering into this agreement with Ezecommerce, upon full payment of any outstanding invoices, Ezecommerce will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.
All communications/correspondences are generally done via emails. It is the client’s responsibility to keep us updated with their relevant email addresses.
For general website design & development projects we employ the following steps:
-Client makes successful payment
-Client completes out onboarding form
-Client schedules an onboarding phone call or Zoom meeting
-Client hands over all design assets
-Ezecommerce puts client in our system
-Ezecommerce completes design according to onboarding documentation. The onboarding documentation is the time when the client needs to make final decisions on what the website is to contain and display.
-Clients reviews and approves
-Ezecommerce pushes website live
-Ezecommerece sends client handover documentation and user manual
-Ezecommerce Sale Representative contacts client and concludes the engagement.
Kindly note, there are limited man-hours allocated on the package. Any delays may increase the project management costs. If you know of anything that may result in a delay from your end, please do let us know prior to starting the project.
Also, generally speaking, going-back and forth takes a lot of time. We encourage you to provide all necessary details, at the start of the project to ensure that the project team’s time is efficiently utilised on your project and you do not incur any unnecessary additional costs.
You will be kept updated via emails and/or telephone calls as the project demands. However, please do not hesitate to contact us any time you require a project status. Also, please always keep us updated with your relevant email addresses/contact details.
Hosting is an annual charge which must be paid in advance for the whole year. Except if the client is in receipt of Ezecommerce’s first-year-free offer.
It is the client’s responsibility to renew the hosting in time ie. before the expiry date. Ezecommerce will provide a 2 month, a 3 week, and a 10-day warning. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hostings are disabled or deleted from the server.
All renewals must be paid by seven working days prior to the expiry date. Ezecommerce will not be responsible for issues relating to delayed payment.
Hosting is on shared and non-shared servers hosted via third party providers. Ezecommerce ensures to best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such a situation arises.
Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Client must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.
Incase of a malware attack, Ezecommerce reserves the right to delete files on the hosting service without giving any prior notice.
INTELLECTUAL PROPERTY RIGHTS
The design of this website is and remains the sole property of Ezecommerce unless otherwise specified.
The client is does not have the right to re-use the code of this website or re-sell the programming codes for any commercial or non-commercial purposes. In the case of business restructuring or ownership change, ownership of the website may be transferred from one owner to another. New owners are not allowed to re-sell or re-use for any commercial or non-commercial purpose.
In an event of a Webmaster change, site owners are not allowed to display the credits to the new website, unless such time that the website functionality and appearance is changed by over 50% of our original work.
BASIC ANNUAL MAINTENANCE PACKAGE TERMS:
Ezecommerce is not responsible to compensate loss of business when a third party plugin is no longer supported and causes disruption to business. Ezecommerce is happy to offer maintenance support for any customer of our web maintenance package to ensure a suitable replacement plugin is found. In any case when a plugin costs money to acquire, Ezecommerce will pass on the cost to the client.
All maintenance packages are for a minimum of 12 months period.
Maintenance packages are billed annually, however are paid monthly via direct debit on the 1st of every month.
Packages may include 12 months basic website hosting, email hosting and DNS hosting.
Packages are designed to serve website maintenance tasks only. The hours may not be used for projects such as full redesign or major functionality add-ons.
Does-not include any Digital Strategy, Business Analysis, Solution Architect, SEO and Digital Marketing work.
Work-hours are tracked in 15minutes blocks. The support time is used once every month to take a full backup of your website. After that, we work on updating your CMS and plugin versions along-with any website fixes that may arise as a result of the updates. Any remaining hours can be used to make changes to the website. Any additional work hours are requested for your approval.
Ezecommerce employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.
Any extra hours used will be billed separately @ $88/hour incl GST.
Support requests need to be sent via email to firstname.lastname@example.org
Any urgent tasks will be charged separately.
The package is auto renewed every year on its anniversary date.
Monthly maintenance package fees require credit card payment only. No other forms of payment will be accepted for monthly maintenance.
Monthly maintenance package fees will be charged to the clients credit card on file on the 1st day of every month.
An administrative fee of $25 will be charged to the clients account for any late payments or declined credit card charges.
More than three missed payments in a year may attract termination of the package and the client will need to pay immediately the entire remaining amount on the package.
There are absolutely no refunds for any fees related to the monthly maintenance package.
In case Client need to cancel the auto annual renewal, please inform us in writing (email) at least one month prior to the renewal date.
Ongoing term: For any reason if the Client decides to terminate an on-going maintenance package then they will need to pay the balance amount of the remaining months.
Ezecommerce reserves the right to terminate annual maintenance at any time with written notice to the Client.
PAYMENT AND REFUND
All prices quoted in Australian dollars are inclusive of GST unless specified.
All invoices are to be processed as per the guidelines on the invoice.
Full payment is required before onboarding can commence unless special circumstances are agreed upon during quoting.
Receipt of payment is deemed as acceptance of the quote, milestone, delivery, project and terms & conditions.
Ezecommerce reserves the right to negotiate and refund an appropriate portion of the amount paid by Client towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made. If the order is cancelled after the commencement of work, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. All cancellations must be received in writing and can be sent via regular mail, email or fax. Telephone requests on cancellations will not be accepted.
For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.
• Late fees and charges: All outstanding invoices will incur a late payment fee of 10% of the pending amount and an administration fee of $5.50 per month, from the due date.
Due date: Is the date on which the payment is due as per the terms on the invoice/proposal
Outstanding Invoice: An invoice is deemed to be outstanding if the payment is still due after 14 days of the expiry of the due date.
Debt Collection: Client is provided a further 7 days after late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount referred to a debt collector. Ezecommerce will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the outstanding amount (debt collectors, administration charges, legal fees) will be referred to the client for processing.
If you are late with a payment or have any queries regarding the Invoice, please contact Accounts Manager immediately on receiving the invoice or reminder emails.
All communications/correspondences are generally done via emails. It is the Client’s responsibility to keep us updated with their relevant email addresses.
Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be paid in full and is non-refundable. In case of all renewal cancellations, we must be notified at least 30 days before the renewal date.
Ezecommerce generally builds and tests the websites/applications on our own servers or hosted domains. The website/application will be transferred-off to the nominated 3rd party server upon full payment of all invoices and dues.