Terms and Conditions
Please read through our Terms and Conditions, we ask that you do not use our website or service until you have familiarised yourself with them. If you are using or have used our service it is understood that you have agreed to the terms set forth on this page. When we say "We" "The Eaglerock Websites" "Eaglerock Websites" "Eaglerock", "US" and "our service" we are referring to Eaglerock Websites and its respective products and services. References to "you" "your" "customer" "client" and the like, refer to you, and your agents. These Terms and Conditions can change at any time. It is important that you check back here regularly. Your continued use of this website implies acceptance of any subsequent revisions.
Eaglerock Websites's liability is limited to the amount paid by the customer to Eaglerock Websites for work undertaken.
Payment
In simple terms:
Depost required before we commence work 20%
Payment after design is approved by you 30%
Final payment when website is setup on temporary domain name 50%
After payment we move your website to your domain name.
Fine Print
Stage One:
Prior to commencing work we must receive a 20% deposit for your website package.
Stage Two:
Upon delivery of your website design we require a further 30% payment.
Stage Three:
Within 5-10 business days of receiving design approval for your website proposal we will supply you with your website on a temporary domain name, along with login details if applicable (provided we have received payment for Stage Two).
We will have entered the content that you supplied to us. If we have not received content for your website at the time of design approval, we will load dummy content onto your website.
Five business days after we have sent you your website on its temporary domain we will require the Stage Three website payment of 50%, this is the final website payment for your package.
If you haven't supplied your website content to us by the time of design approval, we will enter your content when it is supplied to us at a later date. The final 50% payment will not, under any circumstances, be delayed for failure by you to supply us with content.
The payment may be only be delayed, if upon supplying you with your website on its temporary domain, there are material defects in what we supplied to you from what we have promised to you in our initial proposal, wireframes and/or design concepts. Once these material defects have been rectified, we will require your Stage Three payment. Any material defect must be communicated to us, in writing, in the 5 business days between us delivering you your website and us taking the Stage Three payment.
REFUNDS POLICY
Refund Policy On Website Packages Paid In Total Before Commencement
Prior To Work Commencing:
You will be eligible for a complete refund if no work has commenced on your project from when we receive payment of your deposit, to when we receive notice in writing that you are cancelling your website project and request a refund.
Once Work Has Commenced:
Once we have commenced work on your project a partial refund may be available to you. Any request for a refund, or partial refund, must be made in writing. Your refund will be calculated by deducting costs associated with work undertaken by Eaglerock Websites (charged at our current hourly rate) and/or expenses incurred by Eaglerock Websites relating to your project up to the date of cancellation. We will provide you with a ledger of work completed, and/or expenses incurred, to justify the refund (if applicable) you will be paid.
Work undertaken on your project may include, but is not limited to; contact between yourself and Eaglerock Websites, the commencement of wireframes/prototypes by Eaglerock Websites for your project, the development of a design concept(s) by Eaglerock Websites for your project, the sourcing of imagery for your project, time spent on strategy for your website, internal discussions by our staff relating to your project, the allocation of future staffing resources in response to your project sign-off and any time spent building and/or coding your website. Expenses incurred may include the purchase of stock imagery, the purchase of third party technology products and/or services for your project as well as other, reasonably incurred expenses in building your website.
HOSTING FEES
Your first 12 months hosting is included free with the price of your website.
Payment for following years is due before due date, we will invoice you 30 days before it is due.
Your annual fee is based on the package you require.
Additional space and bandwidth can be negotiated at the time of purchase and will be reflected in your proposal.
CANCELLATION
If you are not happy with your website then you can cancel your service immediately. From the time you receive your cancellation confirmation you will no longer be billed by Eaglerock Websites. No retrospective cancellation is possible. You are annually in advance. No refunds or partial refunds are available for unused portions of the year.
The Images On Your Websites
If we use stock imagery on your website you do not own these images, ownership is retained by the image rights owner. Such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your website by us. Any editing of the dimensions in which they appear may contravene their usage rights. Do not copy the images and use them in other promotional materials. If you are looking to own the images on your website or use them for another purpose then please contact us and we will endeavor to put you in contact with the image rights owner. This of course, does not apply to images that you own and provide to us for use on your website.
Our Intellectual Property
The system that runs your website remains the property of Eaglerock Websites at all times. The coding, programming and intellectual property that creates your website is owned by Eaglerock Websites. In purchasing a website package with us you own the style, design and graphic design of the website. You also own all of the content that you place onto your website. The content, style and design on your website will be made available to you if you elect to leave Eaglerock Websites.
Website Content
Websites from Eaglerock Websites can not be used to disseminate, communicate, store or transmit:
information that contains virus', worms or malicious elements;
Copyright infringing data;
trade secret protected data;
data that infringes on any intellectual property, publicity rights or privacy rights;
is defamatory, harassing or threatening;
relates to illegal business operations or schemes;
contains deliberately misleading, incomplete or deceptive content; or
is deemed inappropriate by Eaglerock Websites
Links
As part of your website build and ongoing hosting Eaglerock Websites has the right to include back-links from your website to Eaglerock Websites. This is an important marketing avenue for us and is factored into your website cost. If you do not want the back-link on your website we may be able to negotiate a fee for the removal of the links.
Promotional Material
Eaglerock Websites reserves the right to use client websites, web designs, layouts, prototypes, wireframes and collateral in advertising and / or marketing initiatives. This may include portfolio examples on our website, case studies and other promotional initiatives.
Support
The Eaglerock Websites provides a telephone helpdesk during business hours 9am - 5.30pm (EST) and an email support service.
Included in your fee:
Help using web mail (and one time support for email setup)
Help configuring and transferring Domain Names
Billing enquiries
Bug reports and fixes
The following attracts an hourly support fee of $60 per hopur in 30 minute increments
Face to face support
Content changes
Design changes
HTML/CSS/Coding training, support or troubleshooting
All application training and support (i.e. Photoshop, flash etc)
All customer computer hardware issues that we can help with, this is outside of our expertise so is not a guaranteed service
Time spent investigating a reported issue for which Eaglerock Websites is not responsible
Payment of all support tasks or additional work outside of your original package fee will be payable as soon as the task is completed.
Response Time
All support issues requiring less than 2 hours work will be fixed within 24 hours of the support ticket being logged. If faster support is required then this will attract a surcharge of $125 ex GST
Support issues requiring more than 2 hours work will be given a fixed timeframe and will attract a surcharge of $125 ex GST if needed much faster than suggested
Your Privacy
Your privacy is important to us. We dislike SPAM as well. We will never sell, lease or distribute your contact details to any 3rd party. We will only reveal data pertaining to your account if compelled to do so by law.
Fair Use Policy
We employ a fair use policy to our websites. If we believe, for any reason, that you are not behaving in a manner expected of a Eaglerock Websites customer then we reserve the right to terminate your account - effective immediately.
Accessibility
We make efforts to ensure that our website and all of our services are online 24x7 every day of the year. However, this will not always be the case. There are times when our website will be down, sometimes for things that we can't control and others that we can. When our service is offline we will do our best to get it online as soon as possible We will not be held responsible for damage, events or losses directly or indirectly related to our website being offline. If you have specific hosting needs, or expect a large volume of users to visit your website in a short space of time, e.g. viral marketing campaigns, mass media exposure etc then please contact us well in advance.
Service Level Agreement
We endeavor to provide at least 99.9% up time on all of our hosting. For more information on our Service Level Agreement.
Hosting
Your website must be hosted on our servers for the duration of your contact with us. Given the nature of our Content Management System (CMS) / we cannot build or support your website unless it is hosted by us.
Liability
We will not be held liable for any action or inaction relating to our service. We offer a quality service at highly competitive rates. We believe that our system is highly secure from the actions of hackers, viruses and other problems on the internet but can make no guarantees. It is up to you to back-up and ensure the integrity of your data offline. If your website is offline then please contact us and we will try to fix the problem as soon as possible. We will not be liable for loss of sales, leads or reputation from using our service.
Disclaimer of Warranties
Eaglerock Websites does not give any warranty in respect of our services other than as is implied by law.
Severability
If a clause or part of a clause is read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part thereof is to be treated as removed from this document, but the rest of this document is not affected.
Dispute Resolution
The parties will, in good faith, attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by negotiation. Either party may initiate negotiations by providing written notice in letter-form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within five days with a statement of its position on, and recommended solution to, the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet at a mutually agreeable time and place within ten days of the date of the initial notice in order to exchange relevant information and perspectives, and attempt to resolve the dispute. If the dispute is not resolved by these negotiations, the matter shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.
If the dispute or difference is not settled within 30 days of the submission to mediation and provided such period is not extended by consent of the parties, it shall be and is hereby submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitration.
Notwithstanding the existence of a dispute or difference each party shall continue to perform the Agreement.
This clause shall survive termination of this Agreement.
Jurisdiction
This website is governed by the laws of the state of Victoria, Australia. Any dispute arising from the use of this website will be settled in this jurisdiction.