By agreeing to proceed with a website design package or project, you accept that this forms a contract with Lime Results (trading as Lime Results Pty Ltd ABN: 59 007 551 806 and the following terms and conditions. These terms and conditions should be read in conjunction with any ‘quote’ and or tax invoice you have received from Lime Results.
- Lime Results services are provided at the agreed rate. Unless otherwise agreed, web design packages include website design and build (see package variations). Where applicable, the free ‘Care Package’ for the first 12 months commences when development begins. A domain name can be registered by us on your behalf or provided by you. If you already have a domain name, we can arrange a free DNS transfer.
- A 50% deposit is required for payment before commencement. Balances will be automatically processed 30 days after receipt of deposit or upon completion of your website, whichever is first. Please note, your website may not be complete when the balance is processed.
- For payment by EFT, the full invoice amount is due prior to commencement of your project.
- All balances must be paid prior to login access being provided by Lime Results.
- For web design packages where a completed design brief is not received by Lime Results within 60 days of receipt of the deposit, that project will be subject to a $150 administration fee to resume that project.
- Although Lime Results reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.
- Failure to make complete payments may result in your website and emails being suspended.
- Additional extras such as graphic design work, layout changes, extra WordPress plug-ins, additional functionality items etc. must be paid in full by either credit card or EFT, prior to commencement of work.
- All receipts/invoices will be sent via email.
CANCELLATION & REFUNDS
- All deposits received are non-refundable.
- Once the design brief is received by Lime Results, all balances are payable on a project.
- Customer cancellation of any Lime Results services at any stage must be notified in writing via email. Any outstanding balances remain payable regardless of the stage of design or production of the project.
- Non-payment of any outstanding amounts will be passed onto a debt collection agency for full payment plus expenses.
- Payments received for 12 month hosting are non-refundable.
- Lime Results do not offer refunds for server, service or software interruptions.
- Although Lime Results endeavour to complete every project on time or sooner, Lime Results cannot be held responsible for the delay in the design or development of any website design package.
- Lime Results reserves the right to suspend or cancel a customer’s access to any or all services provided by Lime Results, at its discretion, if the account has been inappropriately used or otherwise abused.
- Individual accounts are for the intended use of the account holder only.
- Lime Results does not allow any of the following content to be stored on its servers: (a) Illegal material, including copyrighted works, commercial audio, video, or music files, or any material of any type in violation of any federal, state or local law or regulation anywhere in the world. (b) Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes “adult material” is entirely at the discretion of Lime Results. (c) Warez, including pirated software, ROMS, emulators, hacking, password cracking, IP spoofing etc. material or encrypting of any of the above. This also applies to sites which provide links to or ‘how to’ information about such material.
- Unless otherwise agreed all websites will have a discreetly placed ‘Web Design by Lime Results‘ or similar link to the Lime Results website.
- Lime Results does not control the interaction between your website and its visitors.
- For security reasons, Cpanel access cannot be given to any Lime Results customers.
- Lime Results builds all sites on the latest install version of WordPress and Joomla at that time. Lime Results is not responsible for installing/updating-to future versions of WordPress. Any requests for installing and updating WordPress versions is chargeable at our normal hourly rate of $90+GST.
- Any website can be vulnerable to a “hack” or malicious activity. While it is out of our control, in the unlikely event of a hack to a client website, Lime Results can reinstate your site from a backup version, check security integrity and complete a performance update for a fee of $199+GST.
- Lime Results does not provide ‘Top Level’ admin access to any WordPress or Joomla website project unless the client agrees that ongoing support from that point becomes chargeable at our normal hourly rate of $90+GST.
- Please refer to www.limeresults.com.au for the variations in each web design package.
- Lime Results websites are self managed and Lime Results is not responsible for any copy, editing or updating of your website content.
- After ‘sign-off’ of a website design concept, any amendments from that point, will be subject to additional design fees.
- Lime Results do not place any additional content to your website other than mentioned above.
- Website images must be provided by the client. For a small fee, images can be purchased from the Lime Results image library. Alternatively, Lime Results can either suggest stock image websites or can source images on your behalf at our current rate of $90+GST per hour plus the cost of the image/s.
- A website will only go ‘live’ after full payment has been received.
- If you have purchased a ‘company logo design’, Lime Results will complete the logo design before commencing the design of the website.
- eCommerce sites are developed and handed over with a standard eCommerce configuration and layout. This includes product page, checkout page and basic shipping configuration. Any variations or customisations to these layouts will be at an additional cost to the client.
- Websites with ‘Mobile Responsive Design’ do not include any customisation to the design or layout visible on a Smartphone or tablet. Customisation is available at an extra cost following instruction from a brief provided by the client.
13 Our web sites are designed to be used on multiple devices. However we cannot guarantee they will work on every type of mobile device or browser.
- Website plug-ins purchased pre or post sale are installed on your website on a basic level i.e. Lime Results provide a basic set up of information sufficient for the plug-in to function on the website.
- Beyond the basic level of set up, additional fees apply for customisation of that same plug-in.
- After basic installation and any customisation of a plug-in, an optional monthly support fee (paid by direct debit) will apply at an agreed rate from Lime Results, payable from the day login access is provided by Lime Results.
- If a client opts not to pay for support for a plug-in, any queries, questions, alterations, updates, amendments or similar, will become a paid service from Lime Results and charged in minimum 15 minute blocks.
- Lime Results builds all sites with the latest version of plug-ins and requested plug-ins. Updating versions of any plug-in is subject to a minimum charge of $90+GST per hour plus any additional time spent on reconfiguration, customisation and testing.
(Hosting & Support)
- Unless otherwise agreed, websites will be hosted by Lime Results through its hosting provider.
- Customers wishing to use alternative hosting, need to confirm such hosting is suitable for the website built by Lime Results.
- Lime Results cannot give a 100% guarantee that there will be no hosting interruptions or downtime from it’s hosting supplier and shall endeavour to inform of any scheduled updates or maintenance.
- Where Lime Results are not hosting a website, Lime Results will prepare and deliver (after any outstanding balances are paid), a set of files for upload and installation on the alternative host by the alternative host.
- Lime Results will not be responsible for the installation of the website on alternative hosting.
- On a ‘fee per service’ basis, Lime Results can continue to support your website if it is not hosted by Lime Results.
- Please refer to ‘PLUG-INS’ for terms and conditions relating to the support of a website plug-in.
9 Your 12 month hosting begins when your site goes live on your domain.
- All fees paid for 12 months hosting are non-refundable.
11 Lime Results support. Please log your initial support by visiting our web site and logging your support through our contact page. We will respond within 24 hours. Please put in as much detail as you can about this issue, this will allow us to respond appropriately.
- The customer agrees that it is not the responsibility of Lime Results to provide knowledge or support outside of the defined service of the Lime Results web design packages.
- Email support is only offered for support.
- All forms of support are subject to ‘fair use’ time limitations of 8 hours per month. Support time includes any form of communication and also time spent on research, development, installation, customisation, testing and design. Additional support time is logged and will be charged at our current rate of $90+GST per hour.
- If, in exceptional circumstance, ‘CPanel’ or ‘FTP’ access is given to a client, Lime Results can only provide ‘basic’ (non-technical) CMS support for that website. Lime Results cannot be held responsible in any way for errors, mistakes, loss or deletion of information or similar as a result of ‘CPanel’ or ‘FTP’ access. A request for recovery of any website by Lime Results will be subject to a formal quote to reinstate the original website install (if possible).
- Lime Results cannot guarantee a requested domain name will be available.
- If Lime Results are to register a Domain Name we require, an ABN or ACN will be required for the registration of an Australian ‘.com.au’ or net.au domain name.
- All Australian ‘.com.au’ domain names purchased by Lime Results will be for a 2 year period. The registration of a ‘.com’ domain name will be for 1 year.
- Domain names will always remain the property of the Customer.
- Lime Results websites cannot be transferred away from Lime Results servers other than by agreement and only after payment of any and all outstanding fees are received. If a transfer is agreed, Lime Results will prepare a set of files containing the contents of your website. An administration fee of $249 (+GST) is payable for this process.
- No responsibility can be taken by Lime Results for website or email disruption during any part of the transfer process.
- Lime Results cannot provide support for any website they do not host on their servers.
- Lime Results shall not be liable, under any circumstances, for any loss of business, profits, goodwill or data, loss of use, interruption of business, or for any indirect, or consequential damages that result in any way from the customer’s use of, or inability to use the services, or that results from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or software.
2.Lime Results cannot be responsible for any damages that may be suffered resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions, including interruption at payment gateways or email interruption or through receipt of spam emails.
- Lime Results makes no representations, warranties or assurances that the customer’s equipment will be compatible with the Lime Results service.
TRADEMARKS & COPYRIGHTS
- The design of your website (the look and feel) is under copyright and license from Lime Results for use by yourself. You are prohibited from selling, replicating or reproducing any of the design of your website without written permission.
- The customer warrants that it has the right to use any applicable trademarks on their website.
The Customer may only use Lime Results servers or its hosting company for lawful purpose. Transmission of any material in violation of any federal, state or local regulation is prohibited.
ACCEPTABLE USE POLICY
We offer several features of our web design services in a manner which is effectively unlimited for the majority of our customers subject to our acceptable use policy. We further define those unlimited aspects as follows;
Web Design Revisions – We consider up to 12 revisions as acceptable use, it is rare for a customer to require more than 5.
Number of Pages – There is no limit other than the customer’s ability to create and manage them.
Hosting – We consider acceptable use to be less than 1Gb of storage space (over 20 times the average client’s use) and 2Gb of bandwidth per month (nearly 40 times the average client’s use). Additional space can be purchased should it be required.
- Lime Results does not warrant that the service will not be interrupted or error free; nor make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the Lime Results servers or hosting company, unless otherwise expressly stated in this Agreement.
- Under no circumstances, including negligence, shall Lime Results, its officers, agents or anyone else involved in creating, producing or distributing Lime Results web design services be liable for any damages that result from the use of, or inability to use the Lime Results service or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to communication failure, theft, destruction or unauthorised access to Lime Results records, programs or services.
- Notwithstanding the above, the customer’s exclusive remedies for all damages, losses and causes of actions shall not exceed the aggregate dollar amount which the customer paid during the term of this agreement and any reasonable attorney’s fee and court costs.
This agreement shall be governed in all respects by the laws of Victoria. The parties irrevocably submit to the jurisdiction of the courts of Victoria in Australia.
Each provision of this agreement including these terms of service is severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.
Revisions will be considered agreed to by the customer as specified in Section I. Financial Arrangements.
This agreement constitutes the entire understanding of the parties. Any changes or modifications to this contract thereto, are agreed to by both parties upon renewal of services.
These terms and conditions should be read in conjunction with any quotes for your Lime Results design package / proposal.