By placing an order with us, you confirm that you are in agreement with and bound by the terms and conditions below.
Definitions
The Client (You,You, Yours): The company or individual requesting the services of positivebusinessonline.com.
positivebusinessonline.com (We, Us, Our): Primary designer/site owner & employees or affiliates.
General
We will carry out work only where an agreement is provided either by email, telephone, mail or fax.
We will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between us and you; this includes telephone and email agreements.
We reserve the right to refuse to construct a web site which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to Australian Federal laws.
Website Design
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, we cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of us until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by us remain the copyright of us and may only be commercially reproduced or resold with the permission of us.
We cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of us and where no charge is made by us for such additions, we accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible all materials required to complete the site to the agreed standard and within the set deadline.
We will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
We will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
We will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
We will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A deposit 50% is required with any project before any design work will be carried out.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development
We cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, cgi applications or software (unless specifically agreed) written by us remain the copyright of us and may only be commercially reproduced or resold with the permission of us.
Where applications or sites are developed on servers not recommended by usu, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by us before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, we will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Compatibility
We will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the the most current 2 versions of the web browsing software Microsoft Internet Explorer , Mozilla Firefox, and Google Chrome use with the most current two versions of Microsoft Windows and Apple iOS operating systems. We can offer no guarantees of correct function with all browser software.
Website Hosting
Whilst we recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. We cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
We reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is our policy that any outstanding accounts for work carried out by us or its affiliates are required to be paid in full, no later than 7 days from the date of the invoice unless by prior arrangement with us.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email, telephone and/or post to remind them of such payments if they are not received when due.
If accounts are not settled or we have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we may then pass such cases to debt recovery agents to pursue payment, non payment can result in court judgements being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors may contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures.
Complaints Procedure
- Informal procedure
Anyone who experiences a problem with the service provided us should raise the matter directly using the e-mail address info@positivebusiness.com to do so, giving sufficient information to locate the material (such as an URL) and clearly outlining the grounds for complaint.
We will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
- Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to positivebusinessonline.com at Suite 245 / 30 510 Christine Avenue, Robina, QLD, 4227, Australia, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
