Website Terms & Conditions
1. Provision of Services
1.1 Level 91 (Aust) Pty Ltd (ABN 31 140 309 271), "Level 91", will provide you with the services set out in your confirmed Purchase Order. Only those services mentioned will be provided by Level 91 and any amendments, add-ons or schedule changes must be agreed to in writing. This and the following clauses are the General terms of agreements on which those services are supplied and together with the Purchase Order and Fee Schedule form the total agreement between us.
2. Payments 2.1 You must pay all charges as set out in the Purchase Order. As prices quoted on Level 91 material may change at any time without notice, please check the price on your Purchase Order before confirmation. Cost estimates are only valid for a period of 14 days.
2.2 You will remain liable for all fees during any period when Services have been discontinued or suspended due to a failure on your part to comply with these terms and conditions
2.3 You will be invoiced as agreed in your purchase order. All accounts are payable within the terms stated on your invoice, or within 7 days of the invoice date otherwise.
2.4 You may be liable to pay overdue interest on any amounts not paid within the terms stated on your invoice, or 7 days of the invoice date otherwise. All intellectual property rights remain with Level 91 until payment.
2.5 You must pay Level 91's charges without any set off, counter claim or deduction unless same is agreed in writing between us.
2.6 Level 91 reserves the right to prioritize early paying clients and to charge urgency fees for turnaround within 3 working days.
2.7 Agreed Costing is conditional on your supplying data required for a Website or completion deadline agreed within 10 working days of confirmation of Order. Level 91 reserves the right to revise costings if that condition is not met in line with charges applying at the relevant time.
2.8 The provision of Third Party Services requires full payment before a Third Party Service can be obtained. 3. Limitation of Liability 3.1 All terms conditions, warranties, undertakings inducements and representations, whether express or implied, statutory or otherwise relating to the provision of services by Level 91 not contained in the Agreement are excluded and Level 91 WILL NOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL LOSS OR DAMAGE) HOWEVER CAUSED (WHETHER BY NEGLIGENCE OR OTHERWISE) WHICH MAY BE SUFFERED OR INCURRED OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY with respect to the service.
3.2 Where any applicable legislation implies any term, condition or warranty into the Agreement or in respect of Level 91’s relationship with you, or otherwise gives you a particular remedy against Level 91 and the legislation or any other legislation renders void or prohibits provisions excluding or modifying the application of, exercise of, or liability under such implied term, condition, warranty or remedy will be deemed to be included in the Agreement or as the case may require apply to the relationship between Level 91 and you. However, Level 91’s liability for any such breach of such implied term, condition or warranty or under such remedy, will be limited, at Level 91’s option, in any one or more of the ways permitted in that legislation, including, where so permitted if the breach relates to Services the supplying of those services again or the payment of the cost of having those Services supplied again.
3.3 You acknowledge that web sites cannot be guaranteed to be 100% error free in construction and acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate this agreement. 4. Suspension of Services 4.1 Level 91 reserves the right to suspend services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us websites may be taken down until payment is confirmed.
4.2 Level 91 may from time to time and without notice or liability to you suspend any of the services if the reason for doing same is an event beyond the reasonable control of Level 91. 5. Termination 5.1 Level 91 may discontinue services if an amount payable to Level 91 is overdue or take down a website permanently in any case where an amount payable is overdue by more than 7 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties. 6. Contents of Web Pages and Undertakings 6.1 You will be solely responsible for the content of your Web Page/undertakings. Level 91 is not responsible for proofreading any content unless specifically agreed.
6.2 Level 91 makes no representations to you concerning the content or functionality of your Web Site. This is your responsibility to ensure that it meets your requirements.
6.3 If you provide Level 91 with goods, material, photographs, film, data or information to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify Level 91 against any action taken against Level 91 by any such third party.
6.4 Without limiting the generality of the foregoing, you agree not to infringe the copyright trademark, privacy or personal or proprietary rights of third parties, supply libelous, abusive, obscene material or disparage the products or services of any third party.
6.5 Level 91 for its part hereby undertakes not to knowingly infringe the rights of third parties in activities conducted on your behalf.
6.6 You are solely responsible for dealing with persons who access your data or webpage and warrant that you will not refer complaints or inquiries in relation to such data to us.
6.7 Level 91 reserves the right to place a company link on a non-conspicuous location on the Client’s Web Site acknowledging their role in designing the Web Site. 7. Technical Support, Changes and Maintenance 7.1 Technical assistance via telephone or email will be offered. Extensive queries to deal with or site maintenance will be charged at hourly rates. 8. Web Hosting 8.1 If you choose to organize your web hosting arrangements yourself, final exported sites will be uploaded to your preferred host company or supplied on disk to you at the cost set out in the Fee Schedule section on our web page. Construction files of the site can be supplied on request at the Fees set out in the Fee Schedule.
8.2 Please note that Level 91 accepts no responsibility for delays or down time, breakdowns or data loss caused by Internet Service Providers (ISPs) 9. Dispute Resolution 9.1 The parties agree that if any dispute should arise under this agreement, attempts in good faith by both parties will be made to resolve the matter fairly before resorting to court procedures. In doing so, each party agrees to use its best endeavors to:
- Clearly communicate in writing the background facts leading to or causing the dispute
- Set out clearly what action is required to settle the dispute
- Select a way of resolving the dispute and explain why that way of resolving the dispute can be said to be a fair resolution
- Discuss specific means of avoiding such disputes in the future
10. Intellectual Property 10.1 Ownership of the Web Site resulting from the Service will become the property of the Client, after hand-over by Level 91.
10.2 Level 91 retains the Copyright in and the right to use all artwork created in advancing the profile of Level 91 and to be recognized for artwork created by Level 91.
10.3 Level 91 shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any item from your Web Page unless specifically agreed otherwise. Further, Level 91 shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.
10.4 Level 91 observes Privacy Laws and Guidelines relating to personal data. 11. General 11.1 If any of these terms and conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of the Agreement between us. The remaining terms and conditions remain in full force and effect.
11.2 Written communications between us may take the form of letters, formal documents, faxes or emails. 12. SolidCMS (tm) License Agreement 12.1.The SolidCMS, "the CMS", license agreement entitles the client to only 1 (one) license per website, and is non-transferable to other websites or other parties.
12.2 Level 91 grants the client the right to contract other third party web developers to customise the CMS, but only after the full payment for the deliverables is received. However, the modified SOFTWARE PRODUCT shall not be made available for sale, resale, distribution or publication under any circumstances. Level 91 will not offer technical support for the modified SOFTWARE PRODUCT.
12.3. YOU CANNOT RESELL, RENT, REBRAND OR LEASE THIS APPLICATION OR OFFER THE CMS AS A SERVICE in whole or in part, as a modified version or in any form. Doing so without our written permission will result in legal prosecution. | |  RELATED LINKS
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