Terms and Conditions

  1. Definitions

    The following definition will be current throughout the entire document.
    Developing Web: Developing Web ABN#36082083545 and its successors and assigns.
    User: Anyone who views the website. Any Client as hereinafter defined is also considered a User.
    Client: A party who has received goods or services from Developing Web or has entered into an agreement to receive goods or services from Developing Web as well as any person acting on behalf of and with the authority of that party.
    Goods: Goods including but not limited to electronic goods supplied by Developing Web to the Client (and where context so permits shall include any supply of Services as hereinafter defined)
    Services: Services including but not limited to electronic services supplied by Developing Web to the Client (and where context so permits shall include any supply of Goods as defined above)
    Price: the costs of the Goods as agreed between Developing Web and the Client subject to clause 8 in the contract.
    Content: Any material, including but not limited to written material, videos, audio and pictures supplied by a User.
    Material: Any copy, videos, audio, pictures, logos or other content supplied by the Client.
    Developing Web IP: Developing Web Intellectual Property
    Third Party IP: Third party Intellectual Property
    Our website: All pages within the domain of https://developingweb.com.au

  2. Acceptance

    1. By using the website a User is in acceptance of all relevant terms and conditions contained herein.
    2. A Client is in acceptance of the terms and conditions contained herein by sending any instruction for the supply of Goods by Developing Web.
    3. When multiple Clients enter an agreement with Developing Web they are jointly and severally liable for all payments of the Price.
    4. Upon acceptance of the terms and conditions by the Client the terms and conditions become irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of Developing Web.
    5. The Client is required to give Developing Web 7 days prior written notice of any proposed change in the Clients details, including but not limited to Business name, email, address, phone number, facsimile or business practice.
  3. General

    1. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    2. All Goods supplied by Developing Web are subject to the laws of Queensland and Developing Web takes no responsibility for changes in the law which affects the Goods supplied.
    3. Developing Web shall be under no liability whatsoever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Developing Web of these terms and conditions.
    4. In the event of any breach of this contract by Developing Web the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of Developing Web exceed the Price of the Goods.
    5. Developing Web may license or sub-contract all or any part of its rights and obligations without the Client's consent.
    6. Developing Web reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which Developing Web notifies the Client of such change.
    7. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
  4. Using our website

    All content on our site is considered Intellectual Property of Developing Web. To find out what is acceptable in regards to using the website and sharing content from the website please refer to the Developing Web Disclaimer that can be found at https://developingweb.com.au/disclaimer.

  5. Intellectual Property

    1. Developing Web retains copyright and all other Intellectual Property rights in:
      • all programming modules, code, computer programs, material, tools, drawings, documents, presentations, specifications, data, designs, know-how and anything else generated, whether as improvements or otherwise, in course of providing (directly or indirectly) Services; and
      • all Intellectual Property rights existing prior to commencement of all Services. Unless agreed otherwise in writing. Developing Web shall be entitled to claim authorship for work which it is responsible.
    2. Developing Web licenses to the Client the right to access the Developing Web IP on a non-exclusive basis to such extent as is necessary to enable the Client to make reasonable use of the relevant Services for the duration of the Agreement.
    3. The Client acknowledge that Services may include individual third party software or third party IP rights (including content management system and open source software) and license in clause 5.2 and the Clients rights to use Services is without prejudice to the Third Party IP. Any rights the Client may have to access Third Party IP shall be limited to extent of Developing Web's right to access the same third party IP and its ability to pass on such rights to the Client.
    4. In relation to the license in clause 5.2 and the right to access in clause 5.3: (A) they will both automatically terminate if this Agreement ends; and
      (B) they do not include the right to replicate, adapt, modify, reverse engineer, decompile or disassemble in whole or in part.
    5. Subject to clauses 5.2, 5.3 and 5.4, the Client shall retain copyright of the Materials and the Client grants Developing Web a license to use of the Materials to the extent required to perform its obligations herein.
    6. As required by law, the Client shall not disclose any confidential information relating to Developing Web or its affiliates obtained during or arising out of this Agreement, to anyone (except the Clients employees on an as need basis). The Client shall procure that anyone else receiving benefits of the Services, whether employees or otherwise, comply with terms of this clause as if they were a party to Agreement.
  6. Client supplied Material

    1. The Client is responsible for the accuracy and comprehensiveness of the Material they have provided. The Client acknowledges that Developing Web depends on the full and timely cooperation of the Client (which you agree to provide) completely and accurately by the Client or on the Clients behalf.
    2. The Client warrants that anything they supply is not in breach of any patent, trademark, design or copyright. The Client indemnity Developing Web against claims by a third party for patent, trademark, design or copyright infringement claims directly or indirectly from the design where the Client has supplied drawings, sketches, files or logos.
    3. All Material provided by the Client are the responsibility of the Client. Once the site is made available online all content on the website is the responsibility of the Client to monitor and mediate, failure to do so will result in Developing Web suspending or removing the website without refund at Developing Web's sole discretion including but not limited to obscene, indecent, pornographic, offensive, defamatory, threatening, liable to incite racial hatred or in breach of any third party Intellectual Property rights. Developing Web reserves the right to remove content at Developing Web's sole discretion. Developing Web will be considered to have no control over the site and will not be liable for any indemnity against damages and expenses resulting from action or claim that material on or linked to the site are considered inappropriate.
  7. Price and Payments

    At Developing Web's sole discretion the Price shall be either:
    (A) As per the invoices provided to the Client by Developing Web.
    (B) Developing Webs quoted price (subject to clause 8) binding upon written acceptance from the Client.

  8. Variations

    Any variation to the scheduled works or the specification of the works will be changed on the basis of a quote provided by Developing Web to the Client. Full payment for variation works is due on completion of the variation works.

  9. Warranties

    All services and goods supplied by Developing Web come "as is" with no form of warranty. All though there is a period in which the Client can claim defects with the services and good in accordance with clause 14.

  10. Time of Payment

    Payment terms are as stipulated on the invoice or quote from Developing Web to the Client, if payment terms are not stipulated, a 50% deposit and purchase order will be required prior to commencement of works and full payment will be required within 7 days of Developing Web sending the invoice to the Client.
  11. Method of Payment

    Payment by the Client to Developing Web can be made by using bank transfer to the account stipulated on the invoice from Developing Web unless another agreement is made.
  12. Taxes and Duties

    Unless explicitly included on the quote any taxes and duties including GST are not included in the Price.
  13. Delivery

    Goods are considered delivered once they have been made available online at the web address stipulated in the quote, invoice or other Developing Web forms. Developing Web is not liable for any damages or losses due to the failure to deliver promptly or at all. Failure to deliver does not entitle either party to treat this contract as repudiated.
  14. Defects

    Client should inspect goods upon being made available online and shall notify Developing Web within 7 days of being made available online with any defects. If the Client fails to do so it will be presumed by Developing Web that there are no defects. For defective goods that Developing Web has agreed to in writing, Developing Web's liability is limited to repair of these defects.
  15. Risks

    Developing Web retains proprietary rights to the all elements and goods unless explicitly stipulated on the quote. Regardless of proprietary rights the Client uses the goods at their own risk.
  16. Clients Disclaimer

    The Client disclaims the right to rescind, cancel contract, sue for damages or claim restitution arising from misrepresentation by Developing Web or a servant or agent of Developing Web.
  17. Default

    1. Interest on payments will compound daily at a rate of 3% per calendar month from the payment due date until payment is made. If Client defaults the Client indemnify Developing Web from any costs including but not limited to solicitor and all Developing Webs nominated costs of collection.
    2. If the Client breaches obligations (including payment obligations in clause 7) Developing Web may terminate or suspend the supply off goods or Developing Web's other obligations and will not be liable for any losses or damages due to exercising the rights made in this clause.
    3. In the event that:
      (A) any money payable to Developing Web becomes overdue, or in Developing Web's opinion the Client will be unable to meet its payments as they fall due; or
      (B) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      (C) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client, then without prejudice to Developing Web's other remedies at law:
      (i) Developing Web shall be entitled to cancel all or any part of any order of the Client which remains unperformed in addition to and without prejudice to any other remedies; and
      (ii) all amounts owing to Developing Web shall, whether or not due for payment, immediately become payable in addition to the interest payable under clause 17.1.
  18. Title

    1. It is the intention of Developing Web and agreed to by the Client that ownership of all property in the goods (including Intellectual Property) will be retained by Developing Web until payment has been made. Payment is not deemed to be made until the payment has been honored, cleared or recognized.
    2. Developing Web can still issue proceeding to recover the Price of the before ownership has been transferred.
  19. Cancellation

    At Developing Web's sole discretion the Client may cancel delivery of the goods. In this even the Client is liable for all costs up to this point, any deposits or payments that have already been made to Developing Web will not be refunded.
  20. Termination

    Developing Web reserves the right to terminate or suspend this agreement without liability:
    (A) at any time providing Developing Web has given written notice 30 days prior.
    (B) Immediately, if the Client breaches the contract, including payment terms
    Should Developing Web elect to reinstate the services after such suspension the Client shall be responsible for Developing Web's standard reactivation charge.
  21. Notices

    All notices from the Client can be sent to Developing Web via email to the email address provided by Developing Web shown on the latest received invoice or quote (whichever is more recent). It is the Clients obligation to keep the email address up to date. All notices sent to Developing Web will be considered received once the Client has received a confirmation that the notice has been received from the email address the Client sent the email to. All notices will be sent to the Client by Developing Web via email to a current Client email address, the record of the email being sent will be consider conclusive proof of receipt.
  22. Law and Jurisdiction

    The terms and conditions outlined in this document are governed by and constructed with accordance to Australian law, any disputes relating to this subject is under the jurisdiction of the courts of Australia.
  23. Privacy Act 1988

    The Client consents to Developing Web being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988)
  24. Commonwealth Trade Practices Act 1974 and Fair Trading Acts

    Nothing in this agreement is intended to have an effect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act 1974 or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
  25. Exclusion of Third Parties

    Terms and conditions outline in the document are for the benefit of the Client and Developing Web and are not enforceable by a third party. Exercise of any rights are not subject to consent from a third party.
  26. Prevailing Terms

    These terms and conditions are the sole contract between Developing Web and the Client. Any terms and conditions included with the Client's purchase order shall be amended by these terms unless previously agreed and, where the former are inconsistent with the latter, the terms of Developing Web shall prevail.
  27. Entire Agreement

    Subject to laws superseding this document these terms and conditions, privacy policy and disclaimer constitute the entire agreement between Developing Web and the Client. The Developing Web Privacy Policy can be found at https://www.developingweb.com.au/privacypolicy. The Developing Web Disclaimer can be found at https://www.developingweb.com.au/disclaimer.
  28. Changes to the Terms and Conditions

    In the event of changes to our terms and condition we will update the above; the last update to the terms and conditions was on 08/09/2013