Payment Plan Provisions

By invitation selected customers may choose a twelve month repayment plan based on the terms below.

 

Web Design Agreement (Payment Plan)

PLEASE READ CAREFULLY: Unless the customer has another valid agreement with Shout! Digital Marketing Australia or its suppliers which terms apply to the specific service purchased from them or unless other additional terms are specified on any proposal for a specific service, the following terms and conditions of service (terms) (with any additional terms if so specified) will apply and govern all sales of Shout! Digital Marketing Australia services.

Any dispute that may arise between you and Shout! Digital Marketing Australia will be governed by the law of Victoria. You agree to submit to the non-exclusive jurisdiction of its courts.

Payment

Unless otherwise agreed, the client agrees to pay 10% of the project at engagement, followed by monthly payments on the 7th of each month of 10% of the total agreed amount over a period of 9 months. Such payments will total the full 100% over 10 months. The client pay by agreement take two payment holidays extending the payment terms to 12 months.

You agree to pay any fees owing to Shout! Digital Marketing Australia in Australian currency at exchange rates current at time of payment.

Payment is either by Visa or Mastercard. Payment must be in the manner prescribed on the invoice.

Prices are exclusive of GST.

Final prices for services will be fixed at the time Shout! Digital Marketing Australia sends out the invoice for services.

You must notify Shout! Digital Marketing Australia promptly of any errors or omissions of any kind contained in the invoice.

Shout! Digital Marketing Australia reserves the right to correct the price prior to payment where there has been a typographical error or other error in the price.

Payments must be made within 14 days, or as per the payment terms written on the invoice, whichever is the earlier. After the expiration of the term days, all unpaid balances relating to that invoice will attract a late payment fee of either 10% of net outstanding amount calculated monthly. This late payment fee is compounded and payable monthly. Shout! Digital Marketing Australia reserves the right to alter this fee in the future.

Shout! Digital Marketing Australia reserves the right to terminate services and/or pursue legal action if full payment is not received for invoices within 30 days of issue.

The customer agrees that each order it places will be and be deemed to be a representation by it at that time that it is solvent and able to pay all its debts as and when they fall due.

Credit

The client irrevocably authorises Shout! Digital Marketing Australia, its servants and agents to make such enquiries as it deems necessary to investigate the credit worthiness of the client from time to time, including the making of enquiries with persons nominated as trade references, the bankers of the client, any other credit provider or a credit reporting agency.

The client hereby authorises the information sources to disclose to Shout! Digital Marketing Australia such information concerning the client which is within their possession and which is requested by Shout! Digital Marketing Australia. The client agrees that the information provided on any credit application concerning the client may be disclosed to a credit reporting agency or any other interested person

If Shout! Digital Marketing Australia, from time to time, grants any credit facility or nominates any credit limit, Shout! Digital Marketing Australia can vary or withdraw such credit facility or limit at any time at its complete discretion and without any liability whatsoever to the customer or any party claiming through the customer.

Termination of a web development agreement

Either party may terminate an agreement for web development by giving 7 days notice in writing to the other party, if any of the following occurs:

The other party commits a breach of these terms which is not rectifiable.

The other party fails to rectify a breach of this agreement which is rectifiable for 7 days after receiving a written notice from a party specifying the breach and requiring the other party to rectify it.

Should such a termination arise, that is at the request of the client, any monies paid to Shout! Digital Marketing Australia in accordance with this agreement shall not be fully refunded to the client.

Shout! Digital Marketing Australia will refund the deposit amount less costs for any work (including engagement costs) that we have performed up to the time the refund is requested.

In the event of any termination of the agreement by Shout! Digital Marketing Australia, payment by the client for completed development work that has been successfully delivered as per the project plan will be required. This will include but not be limited to wireframes, specifications, documentation, creative design and project management. Payment for work not completed will be refunded in full by Shout! Digital Marketing Australia to the client. In the event the termination is initiated by the client 50% of the total project cost will not be fully refunded and any additional work over and above that not included in the first upfront payment, a further payment will be required.

Termination of hosting and other services agreements

The client must provide 1 months notice to Shout! Digital Marketing Australia in the form consistent with these Terms to terminate the services provided by Shout! Digital Marketing Australia. Upon termination, the following termination fees are payable. Termination fees are subject to the payment terms specified in this document. In some cases content management systems may prerequisite the need for certain hosting to be continued so as not affect website operations.

Web hosting early termination fee – $150

Limitation of liability

Shout! Digital Marketing Australia will not be liable in any event in any way whatsoever for any contingent, consequential, direct, indirect, special or punitive damage arising in any way whatsoever in relation to the products and the client acknowledges this express limit of liability and agrees to limit any claim accordingly.

Any term, condition, agreement, warranty, representation or understanding whatsoever, whether express or implied, in any way extending to or otherwise relating to or binding upon Shout! Digital Marketing Australia, other than these Terms, is hereby expressly negatived and excluded.

Hardware liability

Title to and risk of hardware products is the responsibility of the customer from the point of dispatch. Liability for bundled software products or pre-Shout! Digital Marketing Australia software packages remains in effect as per the standard Shout! Digital Marketing Australia terms and conditions for software based products and services.

In cases where Shout! Digital Marketing Australia is acting in a channel or sales only capacity, and no handling of hardware has occurred by Shout! Digital Marketing Australia, liability is transferred to the manufacturer or group responsible for dispatch. In such cases the customer agrees not to hold Shout! Digital Marketing Australia liable for any equipment damage or defect.

The customer understands and agrees that the final purchase forms a contract for warranty and liability with the hardware manufacturer and/or their distributors, not Shout! Digital Marketing Australia. As such the customer agrees to hold Shout! Digital Marketing Australia immune to any resulting warranty claims, damage or loss.

Online services liability

Shout! Digital Marketing Australia will make every reasonable effort to ensure quality and security in the delivery of its online services. This involves the regular review and auditing of our handling and distribution processes. Additionally, we will ensure that security methods are as comprehensive and controlled as reasonably possible. There are, however, some circumstances under which Shout! Digital Marketing Australia cannot extend this control. In such cases the customer agrees to hold Shout! Digital Marketing Australia and its representative immune to any liability or damage that may arise.

These circumstances include, but are not limited to:

A deliberate and successful attack upon Shout! Digital Marketing Australia security or data storage facilities resulting in data loss, partial corruption, electronic virus transmission through our systems or exposure of customer information. An illegal or malicious act that results in data loss, electronic virus transmission through our systems or exposure of customer information.

Any accident outside Shout! Digital Marketing Australia‘s reasonable control that results in data loss, electronic virus transmission through our systems or exposure of customer information. Any act of war, act of terrorism, civil disturbance, natural event or legal enforcement that negatively impacts the customer’s dealings with Shout! Digital Marketing Australia. Third party negligence that results in data loss, electronic virus transmission through our systems or exposure of customer information. Any violation of a customer’s privately held third party contracts or agreements.

Any uncontrollable system failure that results in data loss, electronic virus transmission through our systems or exposure of customer information.

Any act that through dealing with the customer unknowingly associates Shout! Digital Marketing Australia with an illegal outcome, as defined under current Australian law.

Shout! Digital Marketing Australia will test and review all developments to ensure the highest possible standard of quality control. We will take every reasonable effort to ensure the product you receive is the one that matches your requirements.

In the case of web sites and other web based applications Shout! Digital Marketing Australia will warrant all work for a period of 45 days after handover in a staging environment. In the event that a product is defective or does not function according to specification Shout! Digital Marketing Australia will promptly rectify the problem. Our focus is on ensuring you receive the best possible experience and gain maximum benefit from your purchase, and we will make every reasonable effort to help you do so. The customer agrees that all out of scope work requested will be paid for over and above the price quoted.

Obligations

Shout! Digital Marketing Australia will carry out all development, installation and maintenance work under any agreement in a professional and responsible way. It will only use the services of people who have the required ability and expertise. It will ensure that the work is appropriate for achieving the results expected by the client.

Warranties, indemnity etc

Shout! Digital Marketing Australia warrants each of the following:

Our services will not infringe the Intellectual Property Rights of any third party. All materials supplied by Shout! Digital Marketing Australia are free of any lien or encumbrance, and their use by the client will not infringe the Intellectual Property Rights of any third party. We are able to perform our obligations under all agreements entered into by an authorised person on behalf of Shout! Digital Marketing Australia.

We have evaluated the technical aspects of the specifications and have the technical expertise and resources to develop, install and maintain the services offered.

The Client warrants each of the following:

That the payment information provided to Shout! Digital Marketing Australia, including but not limited to billing address or credit card details, is true and accurate.

Restraint of trade

It shall be a condition of the contract that the parties there to undertake for the duration of the project and for twelve months after its termination not, without the written consent of the other, to permit employment by itself or any associated person or company of former employee of the other who shall have taken part in the performance of this project.

Confidentiality and intellectual property

A party must not use or copy the other party’s confidential information for any purpose except for the purpose of this agreement. It must ensure that none of its officers, employees or agents does anything that, if the party did it, would breach this clause. A party must take reasonable precautions to prevent any of the other party’s confidential information from being disclosed to a third party. A party must not disclose any of the other party’s confidential information unless one or more of the following applies:

The disclosure is necessary in connection with performing obligations under this agreement or under another agreement between the parties. The disclosure is required by law. The disclosure is reasonably made to a professional legal advisor or professional auditor. The other party consents in writing to the disclosure. Shout! Digital Marketing Australia agree to provide, at the request of the Client, a written undertaking not to disclose the Client’s confidential information. Shout! Digital Marketing Australia will ensure that this undertaking is given promptly and in the form specified by the Client. The Client owns or is the licensee of any content provided to Shout! Digital Marketing Australia in connection with the performance of this agreement.

Disclaimers and third party policy

Any Shout! Digital Marketing Australia specified warranties, disclaimers or third party policies associated with your purchase are deemed to be in effect at all times.

In the event a third party policy appears to contradict a Shout! Digital Marketing Australia policy, you must not make assumptions about the policy intention or which condition has supremacy. In this case you must contact Shout! Digital Marketing Australia for clarification.

You agree to abide by these at all times. You agree to hold Shout! Digital Marketing Australia immune to any liability or damage you may suffer from third party policy, negligence or action.

Technical support services

All standard and enterprise support services that do not include a direct onsite delivery, are considered to be ‘best effort’ services. This means that Shout! Digital Marketing Australia will make every reasonable effort to provide timely, accurate and helpful support advice. Free support programs are limited to advice concerning our product range. Issues that move significantly into areas such as operating system support or hardware support will generally be refereed back to your appropriate supplier.

Because Shout! Digital Marketing Australia personnel are not present at your location at the time the support advice is given, we do not have direct control or confirmation that our instructions are being carried out exactly as prescribed. For this reason Shout! Digital Marketing Australia accepts no liability, expressed or implied, for any damages that may arise from such advice or any subsequent action you may choose to take as a result of your interpretation of our technical advice.

The decision to act upon our technical advice, how our advice is interpreted and how it is ultimately implemented, is the final responsibility of the customer. In purchasing any product form Shout! Digital Marketing Australia or accepting any remote offsite support, the customer agrees to these conditions and agrees to hold Shout! Digital Marketing Australia immune to any damage that may occur as a result of such advice.

Onsite support, including training, carries some degree of liability. Shout! Digital Marketing Australia accepts responsibility for advice given when directly onsite and in such circumstances where the customer has made Shout! Digital Marketing Australia aware of all relevant issues. In such cases Shout! Digital Marketing Australia limits its financial responsibility to the cost of replacement of any software based component that may fail in the implementation of any support action. Hardware failures are not covered by this extension of liability, except in cases when liability is clearly implied by Australian federal law. Laws of all other countries, states or territories are rescinded in such cases and the customer agrees to abide by these terms in accepting any onsite support services from Shout! Digital Marketing Australia.

Severability

Any covenant or agreement herein, being a whole clause or part of a clause, will be capable of severance without affecting any other of these Terms.

Defaults

In the event of any default or breach hereof by the client, Shout! Digital Marketing Australia may retain all monies paid on account of products and/or cease further deliveries and recover from the client any loss of profits arising there from and/or at its discretion take immediate possession of any product not paid for without prejudice to any other rights of Shout! Digital Marketing Australia, without the client being liable in any way to any party whatsoever.

Recovery costs

The customer will pay to the supplier the costs and expenses incurred by it or its solicitors, legal advisers, mercantile agents or other parties acting on the supplier’s behalf in respect of any action or attempted action instituted or being considered against the customer, whether for debt, possession of the products or otherwise.

Notice

The customer agrees that it will be deemed to have notice of any change to these Terms immediately when they are adopted by Shout! Digital Marketing Australia and posted on the www.nambuccavalleywebdesign.com.au web site.

Shout! Digital Marketing Australia will use best endeavours to notify our customers of any significant changes to the Terms.