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Member Agreement

Welcome to itwizaustralia.com.au, before you can start using this service, you must read and agree to the Terms of Use and Privacy Policy, including any future amendments.

Terms of Use

Important Information

You should carefully read the following Terms and Conditions (also referred to as the "Terms of Use", "Terms of Service" or "TOS"). Your use of our service(s) implies that you have read and accepted these Terms and Conditions. The Website (all itwizaustralia.com.au websites may hereafter be referred to, both individually and collectively, as "The Website") from which you accessed this agreement is provided to you subject to the conditions listed below. These terms are in addition to any other terms that individual Website owners within the itwizaustralia.com.au may include for governing access to their Websites.

Any Non-Human Visitors to these Websites shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their Non-Human Visitor devices in the same manner as if they personally visited the Website.

The access rights granted to you under the Terms Of Use are non-transferable without the express written permission of the owner of itwizaustralia.com.au. You are responsible for the actions of any other person who may utilize your access rights on the itwizaustralia.com.au Website.

Introduction

The following terms and conditions govern all use of the itwizaustralia.com.au Website(s) and all content, services and products available at or through the Website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other associated operating rules and policies (including, without limitation, itwizaustralia.com.au Privacy Policy).

Please read this Agreement carefully before accessing or using the itwizaustralia.com.au Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by the itwizaustralia.com.au, acceptance is expressly limited to these terms.

The Website is available only to individuals who are at least 13 years old. If you are not yet 13 years old, you must stop using the Website immediately or else provide itwizaustralia.com.au with written parental approval.

Web Design and Development Terms and Conditions

Website Development Terms and Conditions

 

By placing an order and paying a deposit with Active Domain Systems, you confirm that you are in agreement with and bound by the terms and conditions below.

 

Definitions:

The client: The company or individual requesting the services of IT WIZ Australia

 

IT WIZ Australia: Primary Web Site Developer

 

General

 

IT WIZ Australia will carry out work only where an agreement is provided either by email, telephone, mail or in person. IT WIZ Australia will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between IT WIZ Australia and the client, this includes telephone and email agreements.

 

Website and Graphic Design

 

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, IT WIZ Australia cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

 

The website, graphics and any programming code remain the property of IT WIZ Australia until all outstanding accounts are paid in full.

 

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by IT WIZ Australia remain the copyright of IT WIZ Australia and may only be commercially reproduced or resold with the permission of IT WIZ Australia.

 

IT WIZ Australia cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

 

Any additions to the brief will be carried out at the discretion of IT WIZ Australia and will be charged at $60 per hour,IT WIZ Australia accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

 

The client agrees to make available as soon as is reasonably possible to IT WIZ Australia all materials required to complete the site to the agreed standard and within the set deadline.

 

IT WIZ Australia will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

 

IT WIZ Australia will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

 

IT WIZ Australia will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

 

IT WIZ Australia will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

 

Website Design Payment

A deposit of 50% is required with any project before any website design work will be carried out. Final balance is due on the website going live.

The website, hosting, domain names and all scripts associated remain the property of IT WIZ Australia until the full account has been paid by the client.

 

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in website being taken offline and all associated email being suspended. Legal action will be taken if necessary.

 

If client does not supply all material or site is delayed due to the client not having all information then the client will be required to make a further 25% deposit. Larger projects which take longer than 3 months will also require a further 25% after 3 months unless otherwise agreed.

Meetings: IT WIZ Australia charges $60 per hour for website consultations.

 

Additional Work: IT WIZ Australia agrees to provide a draft on all work before sign off (logo's/ graphics and website). The client is obliged to pay for any text changes, graphic design, programming at $60 per hour.

 

Database, Application and E-Commerce Development

 

IT WIZ Australia cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

 

Any scripts, cgi applications or software (unless specifically agreed) written by IT WIZ Australia remain the copyright of IT WIZ Australia and may only be commercially reproduced or resold with the permission of IT WIZ Australia.

 

Where applications or sites are developed on servers not recommended by IT WIZ Australia, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

 

The client is expected to test fully any application or programming relating to a site developed by IT WIZ Australia before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, IT WIZ Australia will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

 

IT WIZ Australia cannot be held responsible for problems or additional costs arising due to any errors made by third parties, or failure to maintain a current copy of your own website. (Back ups can be made at your request.) 

 

Website Hosting

 

We offer hosting services for our clients we do this by buying server space from a company that we have been using since 200. This company is Crazy Domains. They have great customer and technical service as well as an impressive uptime history.

Should you require any additional information, please refer to the Crazy Domains website for their terms and conditions.

IT WIZ Australia cannot be held responsible for problems or additional costs arising due to any errors made by third parties, or failure to maintain a current copy of your own website. (Back ups can be made at your request.)

Whilst IT WIZ Australia recommends crazy domains, no guarantees can be made as to the availability or interruption of this service by IT WIZ Australia cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

 

Hosting Payment Policy & Billing Procedures
All payments for hosting and domain services can be made through hosting.activedomainsystems.com.au

 

Payment of Accounts

 

A deposit is required from any new client before any work is carried out. It is the Active Domain Systems policy that any outstanding accounts for work carried out by IT WIZ Australia or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with IT WIZ Australia.

 

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email to remind them of such payments if they are not received when due.

 

If accounts are not settled or IT WIZ Australia have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the clients credit rating.

 

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

 

Passing of Rights

 

Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or license but no rights of ownership are conveyed unless specifically stated in the Project Contract.

 

No such rights as described in above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data or information. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.

 

The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.

 

Unless you have our specific written agreement in the Project Contract, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, cgi applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software, and our products and results of our services remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree not do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership

Complaints Procedure

Informal procedure

Anyone who experiences a problem with their web service provided by IT WIZ Australia should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

 

IT WIZ Australia will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

 

Formal complaints procedure

 

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

 

A formal complaint should be made in writing to IT WIZ Australia, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

 

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

By signing below you have read and understood the terms & conditions provided by I.T WIZ Australia

 

Privacy Policy

itwizaustralia.com.au owns and operates this website. We are committed to the privacy and security of our visitors' information. The following is a statement of our privacy practices:

Information Collected

  • Your personal information is not required to visit http://itwizaustralia.com.au
  • Any personal information collected is knowingly provided by you and only when requested/required during account registration for interactive participation on http://itwizaustralia.com.au and during the ordering process

Traffic Data

  • Your IP address is a numeric address assigned to your computer, assigned by your Internet service provider. We automatically collect your IP address as traffic data so that we can send information back to you when requested. This is not used to identify your personal information.
  • Referrers are references to the web address you linked from and is automatically passed along by your web browser. We collect referrers your browser sends as part of traffic data. This is not attached to personally identifiable information.
  • System information such as your operating system/platform, and the type of web browser you use. This is not attached to personally identifiable information.

Information Use

Account Information

  • Your information is maintained on a secure web server in what we believe to be a well protected environment.
  • itwizaustralia.com.au only shares personal information to billing companies for completing transactions and for no other purpose. No other information is shared with any other third-party company for any purpose, under any circumstance.
  • itwizaustralia.com.au makes every effort to preserve your privacy, personal information may be disclosed when required by law where we have a good-faith belief that such action is necessary to comply with a judicial proceeding, court order or legal process.

Cookies

http://itwizaustralia.com.au relies on "cookie" technology to allow you to re-access your registered account profile during a web session. This mechanism is employed solely for your convenience and for no other purpose.

Links

This Web site contains links to other sites. Please be aware that we, itwizaustralia.com.au, are not responsible for the privacy practices of such other sites. We encourage our visitors to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.

Security

This web site takes every precaution to protect our visitor's information. When visitors submit sensitive information via the web site, their information is protected both online and off-line.

We do everything in our power to protect user-information off-line. All of our customers' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Finally, the servers that store personally identifiable information are in a secure environment, in a locked facility.

If visitors have any questions about the security on http://itwizaustralia.com.au, feel free to contact Customer Service.

Correcting, Updating, Deleting & Deactivating Personal Information

If a visitor's personally identifiable information changes (such as zip code, phone, email or postal address), or if a visitor no longer desires our service, we provide a way to correct, update or delete/deactivate personally identifiable information. This can usually be done at the ‘Your Account' page or by contacting our Customer Service.

Notification of Changes

If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so our visitors are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

If, however, we are going to use visitors' personally identifiable information in a manner different from that stated at the time of collection we will notify users by posting a notice on our web site for 30 days.

The Agreement

By clicking "I agree" you are indicating that you have read and agree to the above Terms of Use and Privacy Policy.



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