TERMS AND CONDITIONS for Website Design & Development and software development project work.

Shresoft will carry out the website design & development and Software project work under the following terms and conditions. These apply to the exclusion of all other terms and conditions unless stated otherwise in any covering correspondence.

These terms and conditions do not affect your statutory rights. Definitions: In these terms “we/us/our/Shresoft” means Shresoft Pty Ltd and “you” means the Client, whose details appear on this proposal. The “Contract” means the agreement between you and us based on signed correspondence indicating acceptance of the proposal.

•  Variation.

These terms will remain valid for acceptance for 28 days from the date of issue. After acceptance Shresoft reserves the right to amend these terms on each anniversary of the agreement subject to giving you 28 days' notice. If you have any uncertainties about these conditions as they might apply to you or your project, it is your responsibility to clarify the situation by contacting us before the website/software gets implemented or under way.

•  Content.

It is your responsibility to provide us with the required information about your business. Shresoft take no responsibility for errors in content supplied by you for the website or software project. Any changes thus incurred may be chargeable at standard rates. Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the site. No refund will be made in the event that you fail to provide sufficient content to complete the web site. All content must be supplied in a suitable digital format unless agreed otherwise before hand. Images should be supplied as jpeg, gif or Photoshop format. Text should be supplied as a Microsoft Word or text file. Failure to supply material in digital format may result in extra charges being made for processing content for use on your web site. Where the content which is provided is in a form where a sizeable amount of copywriting is required, a further charge may be made. You grant Shresoft permission to utilise logos and any other company identity for the purposes of creating the website. You agree to indemnify Shresoft from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied. A design credit with a link to the Shresoft website will appear on the main home page of your web site either in text or graphic format. The link will be designed to fit the overall design of the site. You should provide Shresoft with copies of your terms and conditions and any privacy statement that you wish to be incorporated into the design. In the event that a website is unable to be completed by Shresoft because of lack of text and/or pictures, then text will be added using “lorum ispsum” text and pictures using appropriate library pictures. At this point the website will be considered completed and invoiced accordingly under our standard payment terms. Final text and pictures will be added when these are produced by the client.

•  Design.

Acceptance of this proposal requires you to sign that you have read and understood these terms and conditions. We will provide you with our estimated time scale for progress and completion of the project and will use reasonable endeavours to meet those time scales (as long as you perform your obligations promptly) but, unless we agree otherwise, the dates are estimates only and we cannot guarantee 100% that they will be met. We shall have no liability to you nor be deemed to be in breach of this Contract if we are delayed in performing or unable to perform any of our obligations under it due to circumstances beyond our reasonable control. Any design issues will be assessed against the standard of PC based internet viewing at 800 by 600 screen resolution viewed in Internet Explorer unless we agree otherwise in writing.

Payment for the website or software project, authoring and hosting of all websites will be on the basis of a 40% initial payment in advance. The balance of all fees will be invoiced on fourteen-day terms on acceptance of the completed design. The website will not be launched onto your domain until the final payment has been received. Subsequent annual subscription payments will be in advance on the anniversary of the initial payment. All fees referred to in the proposal and these terms are exclusive of GST, which will be added and payable by you where appropriate. If payments are not received by the due date for payment.

Shresoft Pty Ltd Standard Terms and Conditions Shresoft Pty Ltd, www.Shresoft.com.au, info@Shresoft.com.au. You may be asked to pay us interest on the amount unpaid at the annual rate of 4%. If payments are not received by us on the due date we reserve the right to suspend the web site and other services until such time as payment is received in full (without prejudice to any other remedy available to us).

•  Acceptance procedure will be as follows:

When Shresoft considers the design to be completed to the requirements of the proposal, the site will be uploaded to a test domain for you to preview and you will receive notification by telephone or e-mail. You will have seven days from the notification to carry out an appraisal of the design and inform us of any changes required to correct any errors and comply with the quotation. Shresoft will carry out the agreed amendments within seven days. You will then have a further seven days to appraise the changes to the design and inform us of any errors in the changes. After this period the design is considered as accepted and you will be invoiced for the outstanding costs and any further amendments are chargeable. The website or software will not be launched onto your domain until the final payment has been received. Any further amendments other than those covered by any maintenance agreement are then chargeable.

•  Rights.

You will retain ownership of copyright, trademarks and other intellectual property rights in materials that you provide to us for use in the design of your website or software. All copyright, trade marks, patents created, developed, subsisting or used in or in connection with the design or development of your website or software will be transferred to you on settlement of all outstanding sums due to us. Ownership of the Intellectual Property Rights of the website design software source codes will remain with Shresoft.

•  Cancellation.

If you wish to cancel your contract you are required to do so by registered post giving 30 days notice and cancellation will only be effective on receipt of such notice. If the work is not complete you will be required to pay the balance of our costs to date and loss of profit for the entire design. No refunds will be made for any part of any annual hosting and maintenance subscription remaining. In the event of cancelling your contract, your website will be taken offline the day after the contract expires. Once all sums due have been settled, Shresoft will cooperate with the smooth transfer of hosting of the domain and pass over ownership of any website files as requested. Any extra hours worked by Shresoft staff will be charged.

•  Hosting and Domain names.

Shresoft will normally arrange hosting for the website and the annual subscription for this will be included in the initial quotation for the design. FTP access details to your website files can be issued on request. Shresoft accepts no responsibility for web server downtime or interruptions to service caused by circumstances beyond our control. Customers wishing to arrange web hosting and domain names away from Shresoft can do so at any time. We will however advise you if the arrangements appear to be unsuitable for our requirements. If the website is to be hosted by another web host, then you agree to grant Shresoft access to the web space via FTP. Shresoft will advise clients on selecting domain names and register these for them as requested at current rates, but cannot guarantee a certain name will be available. Shresoft reserves the right to make a charge for any administrative work associated with subsequent hosting or domain name transfers into or out of our facilities. Renewals are made automatically unless we are notified in writing 28 days in advance, but please note we accept no responsibility if a domain fails to be re-registered.

•  E-mail.

If Shresoft is responsible for arranging hosting then a POP3 e-mail account with addresses will be provided on the domain within the quoted costs (As an alternative forwarding to an existing e-mail account elsewhere can be arranged). You will be given the appropriate user name and password details for each account and the incoming mail server name, along with written instructions for setting up the account in Outlook or Outlook Express. Requests for changes to user/password combinations may be made by e-mail or telephone and will be actioned as soon as possible. Shresoft accepts no responsibility for e-mail server downtime or interruptions to service. E-mail accounts must not be used for “spam” emailing operations. Unless you have a support contract with us, once initially set up and operational, Shresoft is not responsible for subsequent problems caused by the operating system of your computer. If you need to contact Shresoft for such support this is normally chargeable.

Shresoft Pty Ltd Standard Terms and Conditions, Shresoft Pty Ltd, www.Shresoft.com.au ,info@Shresoft.com.au. Unless provided by us, Shresoft is not responsible for establishing or troubleshooting your Internet dial up facility, which provides your Internet connection and outgoing mail server. This is the responsibility of your own individual ISP who normally provides appropriate telephone support. If you need to contact Shresoft for such support we can usually help but this is normally chargeable.

•  Reservations.

Shresoft reserves the right to withdraw services at any time without prior notice. Shresoft also reserves the right to feature customer websites in future promotions without seeking prior consent.

•  Maintenance Updates.

For customers with Web care maintenance and support packages, Shresoft will establish if the update falls within the scope of your quoted maintenance agreement, and if not, advise you of the cost of the update. Maintenance is defined as modifications to an existing page that may require time to carry out modifications and implement the website/software. Requests for Maintenance must be submitted to Shresoft via e-mail or phone. All content must be supplied in digital format. Content not supplied in digital format may result in extra charges being made.

•  Promotion.

Where Shresoft undertakes promotion of the website through Search Engine placement no guarantee is given that rankings can be achieved on particular Engines. Resubmission will take place as and when we deem appropriate and may vary in frequency depending on the level of maintenance updates undertaken.

•  Warranties.

Shresoft makes no warranties of any kind, whether express or implied, for the services it provides other than for technical errors and oversights. Shresoft also disclaims any warranty of merchantability or fitness for a particular purpose. Shresoft will not be responsible for any direct, indirect or consequential damages that may result from the use of its services, including loss of data resulting from delays, non-delivery or interruption in service. You acknowledge and agree that Shresoft cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond our control.

•  Indemnity.

All services may be used for lawful purposes only. You agree to indemnify and hold Shresoft harmless from any claims resulting from your use of our service that damages you or any other party.

•  Liability.

Our total liability to you in contract or in tort arising in connection with this Contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss.