All payments are due within 14 days of billing. Late payments will be charged a $10 per day late fee. Should a payment be more than 14 days late, WestVic Web PTY. LTD. reserves the right to freeze all work until accounts are settled. Payments will be made via Electronic Payment:
BSB: 013 900
Acc No.: 458184841
WestVic Web PTY. LTD.
Full payment is required before any website design or hosting service is rendered, which includes renewals. All payment-due notices will be sent by email/mail. Prepayment is due annually each anniversary:(dependent upon your plan launch.) Billing will continue until you cancel your hosting account.
If cancellation is done by WestVic Web PTY. LTD. due to restrictions violation, there will be no refund. All monetary transactions will be made in the currency selected during subscription process and cannot be changed afterwards. Additional features can be added at any time as well as changing your hosting plan, taking affect the first day of the following month. Monthly feature prices are not prorated. WestVic Web PTY. LTD. reserves the right to change prices at any time.
WestVic Web PTY. LTD.may, at its sole discretion, suspend you account and any access related to the account. For example, your account may be suspended for late payment, or server abuse. You acknowledge that if your account is deactivated then WestVic Web PTY. LTD. has no obligation to provide you with a copy of your site content, or to restore your server access to enable you to obtain a copy of your site content.
Your account may be suspended without prior notice in the event that your payment is 14 days overdue and you have not made contact with your account manager. All website(s), web hosting & email hosting will be temporarily unavailable. Access to you account access and website availability will be accessible once the overdue payment has been cleared.
To cancel your account please advise us at least five days prior to the next invoice being issued. Invoices are issued every month on the first. If a Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.
It is the responsibility of the Client to ensure that all data and e-mail is downloaded prior to the cancellation of the hosting services, as once the account is cancelled all data is automatically erased, and the account can not be reopened without renewing for an additional term.
If for some reason, you are not satisfied with our services, please apply for the cancellation within the first 30 days of your payment date. Incase you fail to apply for the refund and cancellation during this period, it shall void 30 day money back guarantee.
Setup charges, Website Hosting and Domain Name Registrations fees, if any are not refundable. Incase you are WestVic Web’s customer for more than 30 days, please make sure to apply for the cancellation anytime before the next billing cycle date.
To apply for the cancellation and/or refund, you must send us an email at firstname.lastname@example.org.
No refunds are applicable once 30 day money back guarantee is over.
Accounts that are either cancelled, deactivated, and/or have services suspended for violation of our terms of service, or accounts that exceed their disk or bandwidth usage amount do not qualify for our 30 day money back guarantee and will not receive any refunds.
Deposits for website development work are required to begin design and/or coding work and are therefore non-refundable. In the event that the project is terminated, the deposit is not refundable, but the balance is cancelled.
“The Client” agrees to pay a 50% deposit of the quoted amount to commence any design project, with the balance payable prior to delivery. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client” this deposit is non-refundable.
Requests to cancel accounts or the termination of your payment plan with us will result in the immediate deactivation of your account. In a case where a client has ceased a billing cycle, the account will be deactivated upon investigation by our billing department. No refund under any condition shall be processed if a customer fails to comply with our “Terms and Conditions”.
WestVic Web PTY. LTD. will provide a Finished Product(s) to the Client in the form of source, rendered and asset files. These files become the exclusive property of the Client upon acceptance of delivery, however these files are partially based on a non-exclusive code base created and maintained by WestVic Web PTY. LTD. and in some cases existing code was used to help create the deliverables. Such code and other underlying technologies do NOT become the property of the Client, only the Finished Product(s). In addition, the Finished Product(s) may depend on code, objects (COMs), and other third party utilities that are the property of their respective owners. No rights to these dependencies is expressed or implied. Additional licensing may be required with third party assets.
Point of Contact
WestVic Web PTY. LTD. will require one point of contact during the Contract for clarifying requirements for design, key features, usability and maintenance issues. WestVic Web PTY. LTD. requires this person be available to answer questions arising from the project within 24 hrs on workdays (subject to reasonable exceptions), and to have authority to make design and related decisions on the system.
Project Management & Communication
WestVic Web PTY. LTD. will manage this Contract using a proprietary project tracking software including wikis, issue tracking, Subversion integration, announcements and timelines. The Client’s Point of Contact, stakeholders, and collaborators will all have appropriate access to the project and all associated assets. This system will serve as a primary mode of communication, documentation, and reporting. Any approval marked within the system by the Point of Contact will be considered official written approval.
WestVic Web PTY. LTD. retains the rights to subcontract any portion of the Contract.
WestVic Web PTY. LTD. works exclusively with Independent Contractors. The benefit of a flexible team is rapid scalability and a diverse set of services. Due to the nature of the business model, WestVic Web PTY. LTD. is not set up to support on call services. Within the duration of this Contract WestVic Web PTY. LTD. will make every effort to reply to inquiries within 48 hours except where The Client has been previously notified of a period of limited availability. WestVic Web PTY. LTD. will respond in good faith but cannot guarantee any specific action within a given time frame.
In the event that any aspect of this Contract is dependent on a separate third party or the Client’s in house team, the quality and punctuality of the Finished Product(s) may be subject to said party’s ability to meet the required timelines and/or level of quality. WestVic Web PTY. LTD. is not responsible for any delay or defect caused by separate third party or the Client’s in house teams.
WestVic Web PTY. LTD. does provide Hosting services beyond temporary internal development environments. The Client is responsible for choosing and paying for any required Hosting solutions and associated services from our range of options. If you choose to host your website with another hosting provider, WestVic Web PTY. LTD. is NOT responsible for down time, poor performance, or loss of data caused by the Hosting Provider. Additionally, WestVic Web PTY. LTD. is not responsible for any bug caused by changes on the Host after the Acceptance of this Contract, including but not limited to updates to operating system, compile systems, code libraries and languages, or any changes resulting from security violations.
WestVic Web PTY. LTD.maintains internal backups of active project code and design files ONLY. This backup system is not intended as a solution for The Client, rather as a code archive through the duration of development. While the WestVic Web PTY. LTD. backup system is fully redundant, it is not guaranteed and does not support any content produced by the Client. The Client is solely responsible for the Backup and Restoration of the Finished Product(s) and any associated data. All internal backups of active project code and design files are terminated within 14 days of uploading to client’s hosting provider.
Although WestVic Web PTY. LTD. makes every effort to provide secure Finished Product(s), due to the nature of rapidly advancing technology, WestVic Web PTY. LTD. can in no way guaranty that the Finished Product(s) will not be subject security breaches. WestVic Web PTY. LTD. recommends the use of strong passwords and the observance of standard security practices. In order to minimise the chances of security violations, systems should be updated often. The Client is solely responsible for tracking software updates. Any updates during the life of or after the expiration of the Contract can be negotiated as an addendum to this Contract or as an additional Contract.
The Client alone shall be responsible for: (a) the accuracy and adequacy of information and data furnished for processing; (b) any use made by the Client of the output of the Software or any reliance thereon; and (c) obtaining the required licenses and respect copyright for any and all third part assets including but not limited to fonts, media, and software. The Client shall also be responsible for the continued operation and maintenance of the computer equipment and third party software used with the Finished Product(s), and shall comply with all operational, environmental and maintenance recommendations and requirements of the applicable licensors, vendors and manufacturers.
The Client agrees that any liability of WestVic Web PTY. LTD. relating to this agreement and the services performed shall be limited to the amount of fees actually received by WestVic Web PTY. LTD., from the Client under this agreement regarding the services in question. In no event shall WestVic Web PTY. LTD. be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if the Client is told that any such damages may occur.
WestVic Web PTY. LTD. will provide patches and bug fixes for any bugs or issues included in the scope of this contract reported within the grace period of no more than 30 days following the date of project completion as defined by the date the client signs off on the deliverables. All bug fixes outside of the project scope or after the grace period are the responsibility of the client.
Hourly projects are NOT subject to warranty. Design and the placement, editing and arrangement of editorial content are NOT subject to warranty. Should further support be necessary, a support contract may be negotiated.
WestVic Web PTY. LTD. retains the right to use the Client within its roster of clients. A “Made by WestVic Web PTY. LTD.” or similar will be placed alongside a link to the WestVic Web PTY. LTD. web site. A link to the The Client website/application website will also be placed on the WestVic Web PTY. LTD. website as part of its business portfolio.
WestVic Web PTY. LTD. reserves the right to add, delete, or modify any provision of its terms at any time without notice. It is the responsibility of the Client to revise the terms and conditions when modifications are made.
Acceptance of Agreement
You acknowledge that you have read this agreement. By payment for the services you accept the terms and conditions stated in this agreement. WestVic Web PTY. LTD. reserves the right to amend the Terms and Conditions at any time and without notice.