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TERMS AND CONDITIONS

Please read the following Agreement for Astreia Designs services.
Before being provided with the Astreia Designs Services you will need to accept this Agreement.

This Agreement is viewable at any time in the future by clicking on the following website http://astreiadesigns.com/

Astreia Designs may from time to time change these Terms and Conditions and the version that is published on the Astreia Designs Website (see above link) should always be taken as the binding and most recent version of this document.

Contracts between Astreia Designs and the client are legal and binding, and any contracts which are breeched by the client become due and payable in full.

AGREEMENT FOR ASTREIA DESIGNS SERVICES

THIS AGREEMENT is for services provided by Astreia Designs to the Client, and commences on the date the Client accepts these terms and conditions.

In these Terms and Conditions "we, our, us” refers to Astreia Designs. "You" and "Client, customer, payee" refers to Astreia Designs Client or buyer of any product or service offered by Astreia Designs and Astreia Designs’s Services.

In no event will Astreia Designs be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, third party hosting companies or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, the Client’s or Client’s site visitor's computer or Internet software, weather or not Astreia Designs have/have not been advised of the possibility of such damages.

SERVICES TO BE PROVIDED

Astreia Designs will provide the web design, web programming (the Work) as detailed in its offer to the Client for the Term and for the payment specified in the offer.

Additional Services requested above those detailed in the offer will incur additional fees. The fees and time scale for providing Additional Services will be discussed with and approved by the Client before the Work is carried out.

'Sign-offs' is required for elements of most projects. This is considered as authorisation & approval for work as indicated on the Sign-off. Any additional services requested by the customer via email are considered as approvals & as written confirmation.

Information recorded via appointed telephone conversations must be confirmed in writing.

Any additional work not specified in this contract must be authorised by written request. This may include email. Any requests made over the phone will not be indulged unless a written authorisation request has been made to Astreia Designs.

Astreia Designs accepts task/project requests in writing via email, or post.

We prefer E-mail communication in order to have a hard copy of design/work discussions. We realize that this may not always be appropriate and will schedule phone conversations as needed.

Any Completion date in any quote is an estimate only.

Astreia Designs services are subject to provision of a clear written brief from the client, and Astreia Designs are not liable for late delivery or non-delivery of information or instructions by the client.

Astreia Designs takes no responsibility for any errors in web content

It is the responsibility of the client to make sure all content is correct before delivery.

ALL of your written content is to be included in such a manner that we can cut and paste it into your Web page. Doing this speeds up the design process and eliminates typos and mistakes.

All content should be delivered in one package, containing all images, text, captions, etc. This package must contain clear instructions on where the content is to go.

Astreia Designs and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project within a reasonable amount of time after the client has submitted all necessary materials.

If you are not timely in correspondence or delivering materials, this will cause your project to be delayed, as we take on new clients daily

If the client does not supply Astreia Designs with complete text and graphic content for this design project within 30 days of the date this agreement was signed, the agreement is considered breeched.

Astreia Designs Web Design and Hosting Services and Client undertake to work together to complete Project within the timescale defined in the specification & will inform client on project progress.

If the client still has not submitted to Astreia Designs with all complete text and graphic content within 90 days after signing this agreement, the agreement is considered breeched, and it is at the sole discretion of Astreia Designs to cancel or continue the contract, notification of the contract cancellation of projects must be in writing.

COPYRIGHT AND OWNERSHIP

Astreia Designs retains all copyright and ownership of created software and artwork unless otherwise agreed by Astreia Designs in writing.

It is the responsibility of the client to provide Astreia Designs designers with all the information they need to complete the required project. (This includes log in information, copy, text, pictures, etc.).

Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork provided by the client for their website to Astreia Designs for inclusion in the Project are owned by Client, or that Client has permission from the rightful owner to use each of these elements. As all images & Content must be copyright-approved before delivery.

Astreia Designs retains the rights in the code, coding methodologies, functionality, and its use in other applications of similar nature. No such code can be resold as a product in its own right and can only be transferred as part of a sale of business assets.

All content supplied by the client which is owned by the client shall remain the client’s property. It will be assumed that it does not breach any copyright laws.

The client agrees that where rights are not transferred to the Client, that the client will abide by the terms of use and any conditions or licenses pertaining to the property of their respective owners.

ASTREIA DESIGNS will retain the copyright of any material, including the source code, created for the client by ASTREIA DESIGNS.

Astreia Designs retains the rights in all works to reproduce or reuse partially or fully during the development process.

All unused work remains the property of Astreia Designs, and the client agrees that they withhold no right to copy, or reproduce any part in any manner thereof.

The client agrees that material or code copyrighted by Astreia Designs will not be used, reused or transferred by the client, without the express written consent of Astreia Designs outside the specified project.

Astreia Designs takes no responsibility for the copyright of any supplied images.

The client will hold harmless, protect, indemnify and defend Astreia Designs and its sub-contractors from any liability (including legal fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by Client.

Rights to photos, graphics, source code, work-up files and computer programs that are specifically installed for the purpose of the project where these are not transferred to the Client, remain the property of their respective owners.

Browser compatibility

While Astreia Designs will make every reasonable effort to design a fully-functional website, our warranty does not cover all alternative browsers or requested special effects that Astreia Designs has advised you against.

Without sacrificing quality and design, Astreia Designs will try to ensure that the content and functions built into Client websites are available to all visitors.

All Astreia Designs sites are designed and tested on a variety of browsers supported by PC. While these standards should make sites accessible to all standards-compliant browsers and devices, the appearance may differ on alternative & older browsers (version 4 and earlier). Content will always be available, regardless of the appearance.

Astreia Designs is a strong supporter of the webstandards.org browser upgrade campaign.

We encourage the use of standards-compliant browsers with predictable output.

Astreia Designs cannot accept responsibility for incompatibility on dated browsers (version 4 and earlier) or lack of plug-ins/helper programs if more advanced (non standards-compliant) technology is used.

Website Design layouts are tested in the following mainstream browsers for compatibility: The latest versions of Internet Explorer, Opera, Mozilla and Mozilla Firefox.

If required to perform services the client hereby authorizes Astreia Designs to access the related account, providing usernames and passwords for the strict purposes of upload-download, ftp and authorizes the Hosting Service to provide Astreia Designs with "full access" to the client's account and any other programs needed for this web design project that are included as part of the client's service agreement/level.

Astreia Designs will build a working site for the client to be hosted on the arranged hosting provider.

The Client understands and accepts that submission is to those sites that offer 'free' submission (ie. can take from a few days to several months to see a new website in their list). The Client understands and accepts that to be listed on a search engine within a couple of days, or to use the 'pay-per-click' services they offer, he/she must pay extra for these. If the Client requires any 'paid inclusion' services, he/she will need to visit the search engine website of choice to view their costs as (1) they all vary and (2) they are constantly changing.

The client will be notified by E-mail & Phone when an update is completed, or a section requiring a sign-off is required.

Astreia Designs are NOT experts in search engine seeding and therefore take no responsibility for search engine results. It is the responsibility of the client to submit their site to search engines and directories or to employ a company with this expertise. Astreia Designs can make no guarantees of the success of any search engine promotion activity because this is controlled by the search engines

Any SEO services will not commence until full payment has been received.

Astreia Designs take care to insert basic metadata (title, keywords & description) into each document.

Astreia Designs are not responsible for the client’s ongoing website promotion. Should the client require the site to be promoted a separate contract must be signed and agreed.

A free test site location (with banners) will be used by the client to check the actual design, functionality and content of the website. Banners will be removed on final site transfer.

The website will remain at this test location at the sole discretion of Astreia Designs or until the client has approved, signed off and paid for the website where it will be transferred to the purchased/approved domain.

Astreia Designs agrees to transfer this domain to the customer or the client’s agent when asked to do so providing that all accounts have been settled.

Customer agrees to allow Astreia Designs full access to all FTP/hosting accounts in use, for the period of the contract or project, or all balances have been settled.

Domain names registered on the customer’s behalf are at no time the property of the customer, unless otherwise agreed to.

Where Astreia Designs have registered the domain name on the customer’s behalf the customer acquires the right to use the domain name for the period agreed, but does not hold title to it.

Uploading a project, sending files via FTP, CD or any other media is considered as delivery of the project.

If the project delivery includes publishing, Astreia Designs will make a good faith effort to accommodate client’s requested method of publishing.

In the event Astreia Designs is not able to accommodate the request method of publishing, the following statements apply: Astreia Designs may use FTP to publish to the site. If publishing to a hosting service is not feasible, the information may be delivered on DVD or CDROM.

CHARGES AND PAYMENT - WEB DESIGN AND WEB PROGRAMMING SERVICE

Astreia Designs will provide the web design and web programming service as specified in the Schedule of Work at the price and at the time stated in the acceptance of the Clients instructions to proceed with the Work.

The Client will pay for the Work at the rate specified in writing by Astreia Designs.

All projects will be considered finished 7 days after live installation to the requested hosting environment and final payment will be due.

Client must pay to Astreia Designs Goods and Services Tax at the prevailing GST rate, subject to receipt of a valid tax invoice. GST exempted Clients are required to send in a notice of exemption from the Australian Tax Office.

Astreia Designs reserves the right to recover the cost of outstanding invoices including any legal costs associated with collection.

CHARGES AND PAYMENT - WEB HOSTING SERVICE

The Client will provide the web hosting, Astreia Designs will provide support and suggestions on how and where to get hosting.

Client must pay all telecommunications charges (including STD charges if applicable) for use of Service. Astreia Designs does not assess what telecommunications charges apply to the location from which the Client connects to the web host.

Posted pricing is intended as a guideline only.

All quotes/estimates are based on the information supplied by the client at that time and are valid for 14 days from the date the estimate is supplied.

Across a project, a minimum of 2 invoices will be issued. One invoice based on the estimate, and at least one invoice prior to final delivery & release of the project.

Breeched projects become due and payable in full.

Once an estimate is delivered, all add on services/work, redesign on any level and “after thoughts” are considered additional work and will be billed/invoiced accordingly.

The price quoted to the client is for the work agreed to on the estimate only.

Should the Client decide that changes are required, as the site is developed, the cost of any additional work will be added to the price quoted and this will appear on the final invoice.

Once the site has been signed off, all additional corrections and modifications to the site will be charged as extras at full hourly rates.

The final invoice will be issued on an invoice prior to final upload. Payment will be due within 14 days of issue.

An advance of the total cost of the project is required before work can commence.

The client agrees to pay Astreia Designs an initial deposit of 60% of the total estimated cost for projects valued at over $550.00

The client agrees to pay Astreia Designs an initial deposit of 80% (to cover setup costs) of the total estimated cost for projects valued at less than $550.00 within 48 hrs of execution of this agreement.

A payment to balance your account must be made to Astreia Designs (when the website is approved and signed-off by the client) before delivery will occur.

For projects, the Client will make final payment to Astreia Designs for agreed services within 14 days of receipt of invoice. If payment is not received by the due date, Astreia Designs reserves the right to remove any project from viewing on the internet or retrieve any unpaid print work, until final payment is made and all accounts are settled.

Any materials previously published may be removed if payment is not received.

When and if any project is removed from viewing due to contract breech, a charge of $27.50 (incl. GST) will be required to have a Website restored.

Full publication of websites will only take place after full payment has been received.

After a quotation is accepted and signed-off by the client, cancellation will incur a fee of $80.00 (incl GST). The cancellation fee is used for Astreia Designs’s time to administer the cancellation of the project.

Should the client wish to cancel at any point during the process they shall remain liable for the work that has been taken place and shall be invoiced accordingly.

Astreia Designs believes in fair trading, and have practice according to the Consumer Affairs Victoria Guidelines.

RECOVERY OF DEBTS

Astreia Designs reserves the right to recover the cost of outstanding invoices including any legal costs associated with collection.

Astreia Designs reserves the right to terminate services (without notice) to clients with outstanding invoices, and take whatever means possible to recover Astreia Designs intellectual property and the outstanding debt.

By signing with Astreia Designs, the client agrees that all balances will be cleared and paid when required during the course of the given project.

Currently, payment is accepted by cheque, cash, money order or direct deposit and in AU dollars.

Due to the nature of malware, spyware, trojans, and other viruses via the internet. We do not accept the use of our banking details for online banking transactions.

In case collection proves necessary, the client agrees to pay all legal fees incurred by that process.

UNAUTHORISED USE BY CLIENT

The Client must not participate in, or allow, any unauthorised use of the Astreia Designs facilities or Services either by the Client, or its employees, or third parties, contractors or customers and in particular, the Client must not engage in any:

• Spamming: ie the sending of unsolicited commercial email or unsolicited bulk email to email addresses without the receiver expressing an interest in receiving such information. This includes the forwarding of chain letters and Pyramid Selling Schemes.
• Intellectual Property Violations: ie the sending of copyrighted material or material where subsisting intellectual property rights exist over the Network. The Network being that entire electronic media connected to and by the server on which the website is hosted.
• Using obscene speech or placing obscene materials upon your website or the Network.
• Using abusive language or placing defamatory material upon your website or the Network.
• Forging of Headers: ie changing headers or messages so that it appears that the message originates from another user or machine or non-existent machine.
• Unauthorised Access to Other Computers or Networks: ie the attempts, successful or otherwise, to access other computers or Networks for which the Client does not have official agreement to access.
• Distributing Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities: ie the deliberate and knowing distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities with the aim of causing harm to other users of the Network.
• Other Illegal Activities: ie any activity proscribed in law by a proper authority in Australia.

SPAM POLICY

The acts of sending unsolicited email ("spam" or "junk mail"), or allowing other parties to send such email through your account is not acceptable. Distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited E-mail or spam is also prohibited. You are responsible for sending email in accordance with the current legislation and for following the rules for sending commercial electronic messages. All mailing lists must follow the spam Act 2003 and email messages must only be sent to an email address when the person responsible for that email address has given consent to receiving email messages.

Astreia Designs accepts no liability for any losses resulting from using the mailing list applications built by Astreia Designs, if this may arise. Astreia Designs shall not be liable for any damages relating to using the mailing list applications. You understand that compliance with the anti-spam legislation is essential and it is your responsibility to understand the spam legislation and to follow the guidelines.

CLIENT CONFIDENTIALITY POLICY

Astreia Designs treats all client website applications and businesses dealings as confidential. Astreia Designs will not disclose any proprietary information to third parties unless it is deemed necessary for the maintenance of the server and associated programs, or disclosure is required by law.

SUSPENSION OF SERVICES

Astreia Designs maintains the right to manage and control access to systems and information stored within its servers as it deems appropriate, and may vary or suspend the Service.

Astreia Designs may suspend access to the Services if there is a security breach or if there is a malfunction in the Services to preserve data.

Astreia Designs may disconnect a Client from the Company system (forced logout) without notice if there is no use of the server system by that Client for a specified period (presently 30 minutes).

In the event that Astreia Designs suspends the Service, the Service will be automatically terminated 3 months subsequent to the suspension date if the account has not been reconnected prior to this date.

Astreia Designs reserves the right to suspend, without prior notice, some or all of the Service if Astreia Designs, in its absolute discretion, considers that the Client has not complied with one or more of the terms in the Agreement or has otherwise misused or abused the Service or:

• The Services are used by a Client or a customer of the Client in a way considered inappropriate by Astreia Designs.
• Providing the Services appears to expose Astreia Designs to any liability as a result of a breach of any law or any third party rights.
• The Client breaches this Agreement.

LOSS OF DATA

Astreia Designs will take all appropriate precautions to safeguard the Astreia Designs Servers and the data contained within, however Astreia Designs will not be held responsible for any loss of Client data stored or intended to be stored on the Astreia Designs Servers and on the back-up devices.

The Client will not be entitled to any form of compensation from Astreia Designs in the event of loss of data.

INTERRUPTIONS TO SERVICE

Astreia Designs will not be held responsible for any delay, non performance, malfunction or any other degradation of performance of the web hosting service caused by any modifications, alterations or amendments due to changes requested or implemented by the Client.

In the event of a total systems failure resulting in the disruption of service to the Internet from the Astreia Designs Servers, Astreia Designs will endeavor to repair and restore the service to the Client as soon as possible. The time taken will depend upon the severity of the system failure and time of detection.

If failure is caused by the Client to whom access to the Astreia Designs Servers was given, the Client shall pay all costs to repair the Client server.

INDEMNITY

The Client guarantees that it owns, or has licensing rights to use, all information provided to Astreia Designs including any trademarks.

Astreia Designs warrants that its provision of Services to the Client will not infringe any third party's Property Rights.

Client agrees to defend, indemnify and hold Astreia Designs harmless from and against any and all claims, losses, liabilities and expenses (including solicitors' fees) related to or arising out of the Services provided by Astreia Designs to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided here under, or for any content published by Client using the Services.

LIMITATION OF LIABILITY

Astreia Designs will be under no liability to the Client, or any customers of the Client, in regards to any loss of profits or data, consequential loss, interruptions to the service or any damage which may be endured or acquired or which may arise directly or indirectly from this web hosting service, web design service and web programming service.

The Client or customers of the Client will not be entitled to any form of compensation from Astreia Designs in the event of loss of data, consequential loss, and interruptions to the service or damage arising directly or indirectly from the web hosting service and web programming services.

As information transmitted through the Internet is generally not confidential, Astreia Designs does not guarantee the protection of the Clients privacy. The Client will take all necessary measures (including changing Clients password from time to time) to protect the secrecy of Clients user identification and/or password. Astreia Designs is not liable for any loss suffered by Client or any third party due to any wrongful or fraudulent use of Clients account by Client or any other person.

If credit card details are stored upon the Astreia Designs web server Astreia Designs will take all care to safeguard these credit card details. However, Astreia Designs will not be held responsible to the Client, or any customer of the Client, for any loss or misuse resulting from the use of these credit card details.

Astreia Designs recommends that a secure 3rd party to the Client and Astreia Designs process all credit card transactions (ie a secure payment gateway or a bank).

Astreia Designs will not be held responsible to the Client, or any customer of the Client, for any loss or misuse resulting from the use credit card details. If you are accepting credit card payments upon your website it is important that you accept the risk associated with credit card transactions and you understand that there are security measures that you should take yourself such as ensuring that no credit card information is stored on your computer or within your website. All credit card transactions need to be transmitted in an encrypted form using the SSL protocol. It is essential that you comply with the online security of the SSL protocol and that the SSL certificate is always valid.

Astreia Designs takes no responsibility for the fulfillment of a transaction in any way. Astreia Designs accepts no liability for any losses resulting from use of fraudulent transactions howsoever this might arise.

Astreia Designs takes all care to create all of the web applications to be robust and secure. However, Astreia Designs will be under no liability to the Client, or any customers of the Client, in regards to any loss of profits or data, consequential loss, interruptions to the service or any damage which may be endured or acquired or which may arise directly or indirectly from Astreia Designs services.

TERMINATION OF WEB SERVICES

Astreia Designs requires a minimum of 30 days notice before the intended account termination date. The Client may elect not to continue to receive Astreia Designs Services however fees up to the date of termination will be payable.

TERMINATION OF DESIGN SERVICES AND WEB PROGRAMMING SERVICES

Once a Schedule of Work has been agreed and instructions to proceed have been accepted by Astreia Designs, a contract to complete the Work exists. Work may only be cancelled or amended with the agreement of Astreia Designs. In any event the cost of all Work performed by Astreia Designs for the Client, whether used by the Client or not, will be invoiced and must be paid for. Astreia Designs reserves the right to recover the cost of outstanding invoices including any legal costs associated with collection.

Astreia Designs reserves the right to terminate a contract.

Astreia Designs reserves the right to restrict customer access to overdue FTP/Hosting Accounts until full payment is made and all accounts have been settled, to protect the rights of intellectual property.

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