WEB DESIGN

YaZoogle offer 2 types of Web Web Design Services

a) NEW WEBSITE b) UPGRADING AN EXISTING WEBSITE

2.1 NEW WEBSITE YaZoogle will discuss the new site structure and new content ( including text - images - flash and other media types etc ) that may be required for the website either by: On site visit, on the telephone, and/or using electronic media such as fax, e-mail, CD Roms posted etc

2.2 UPGRADING AN EXISTING WEBSITE - When upgrading an Existing Website to a New Design format only - YaZoogle Web Design, will design a New Site Design with the Existing Website Content and Number of Pages intact ( We Copy and paste the exiting text and images etc to new pages ) : On site visit, on the telephone, and/or using electronic media such as fax, e-mail, CD Roms posted etc

2.2.1 Content Change: If thereafter, the content of the website is then changed.... either by 1) new text , 2) new images, 3) new flash 4) And other content not presented on the existing website - then there will be additional fees for such new changes ordered which will then be added to the Final Invoice.

2.3 Supplying Website Content to YaZoogle
2.3.1 Original Website Content
The website content you supply to YaZoogle for your website must adhere to all website copyright infringement laws. It is solely your responsibility to supply true and original web content - we will not be held responsible if the content supplied by you is not original. If a 3rd party sues YaZoogle , as a result of you supplying unoriginal content - you agree to pay all our solicitor fees and any costs awarded against YaZoogle.

2.3.2 Web Content from 3rd parties - any website content supplied to YaZoogle such as, graphic images, drawings, photographs, Text, logos, Flash, Movie files, Audio files, Website Content from another website , must have a written letter or e-mail from the originators giving you permission to use on your website. If a 3rd party sues YaZoogle , as a result of you supplying unoriginal content - you agree to pay all our solicitor fees and any costs awarded against YaZoogle.

2.4 Copy-Right
2.4.1 The website design copy-right will remain with YaZoogle until payment of all Invoices are made in full by client and the copy-right shall then be immediately transferred to the client.

2.5 Before work Starts:
2.5.1 A Preliminary 1st Phone interview, e-mails, or 1st face to face on site interview will occur between YaZoogle and the client to establish what the requirements are required to develop the website. From this, a 'Quote' will be issued by YaZoogle.

2.5.2 At this point we are now establishing a "recordable e-mail paper trail" of "Intent" by both parties

2.6 Website Work Starts When:
2.6.1. You agree in writing to this website Quote.
2.6.2 A 40% deposit is paid in full based on the Quote issued.
2.6.3. You agree that any additional items required for the website not mentioned on original quote will incur additional fees during the design process to be quoted.

2.7 Website Goes live when:
2.7.1 The balance of the website Quote(s) is paid in full.

2.8 Additional Design fees: YaZoogle will create up to two designs for the Website structure and design Quoted however, any design after this, will require an hourly fee of $75 until the design is agreed upon by the client.

2.9 Additional Content fees: CONTENT CHANGES ( applies to New and Existing Websites )

The Content is supplied by you, the client, for individual web pages - i.e. either we are instructed to copy and paste the content from your EXISTING Website or it is supplied by e-mail/CD Rom etc for the NEW Website.

This content is then added to the said web page eg Product Page and uploaded to the YaZoogle Temp Client Folder for viewing.

After this, if any page content is then changed by the client - there will be additional charges based on an hourly rate of $75/hr. It is therefore better to provide all website content correctly once, as not to impose any additional charges for repeating the said work ordered.

2.10 Temporary Hosting to View Website in Design Progress: The proposed website will be designed and uploaded to a Temporary Holding Site for you to view and comment on.

2.11 Payment must be made in full before website goes live: When both parties agree that the Website is completed and full payment is made to YaZoogle as issued in the Final Invoice and will also include any new work assigned from original Quote ( if issued) it will then be uploaded to the Hosting Bay of your Choice and made Live.

2.11.1 Website suspension for non Agreement and Payment: YaZoogle has the right to suspend the website completely off its hosting. This includes Additional Quotes not being agreed to and Invoices not being paid for during development both before and after the website is made live.

2.12 Website Changes by Third Party - FTP DOWNLOAD or FTP UPLOADS: If in the course of designing your website and/or after the website is completed and uploaded to the nominated hosting account and you or a third party ( e.g. marketing company ) tampers with the website structure and/or design and corrupts the website as a result , we bare no responsibility to the website error. IF you then require for us to load the website back to its original format from our hard-copy in-house , there will also be a $150 fee for re-instating the website back to its original format.

2.13 IT Support: setting up your e-mail accounts, or other computer work not associated with the website. There will not be any hands on computer assistance. This may lead to future problems with responsibility, tort and or blame if the data from your computer is lost.

2.14 Marketing Your Website YaZoogle  is not responsible for marketing your web site after it is completed and uploaded to the Hosting of your choice. ( This is a additional fee if marketing is required )

2.15 Loss of Customer sales YaZoogle is not be responsible for any loss of customers or sales if the web site has either been removed for any reason. You will not hold YaZoogle responsible for any type of financial loss. Once your site is registered for hosting and domain name and uploaded...Your site is effectively working.

2.16 Payment Plans YaZoogle does not offer payment plans.

2.18 NO Refunds Apply : After your web site is completed and loaded on the Hosting of your choice (FTP Upload., burn on DISC, files copied) NO REFUNDS apply.

2.19 Pricing changes: YaZoogle can change the pricing at any time for future work not already quoted .YaZoogle will notify you in writing of any change to the Service Charge or the Additional Charge for your Service at a reasonable time before those changes come into effect or only after the all work has been completed for any quote issued.

2.20 Termination of work

2.20.1 Termination of work Type 1: We do not tolerate abusive behavior

We support a "Zero Tolerance" Policy in our work place including our website clients . In short, we do not tolerate abusive be ha vi our or continue abusive relationships with our Customers and Clients.

2.20.2 Termination of work Type 2: New work Quoted denied.

If the client orders new items for the website not on the original quote and does not agree to pay for the additional items at the quoted price, then it will be grounds for immediate Termination of all existing and future work until at a time it is agreed to. YaZoogle also reserves the right to immediately suspend the client Temp hosting website access until the client either agrees in writing to accept the new Quote(s) or pays in full for the work to be completed.

2.21.1 Termination of work after website goes live: Accessing your Web Site for Future Designers. The Client must give us at least 30 days written notice for termination of the Service. No refund shall be given for any unused time or services.

If any work on the web site has been partly completed or fully completed and uploaded to the Hosting Account, Your web site can be accessed for free by downloading it through the HOSTING FTP Services ( these access codes will be give to you by either YaZoogle if you are hosting with us or should be provided to you by your other Hosting Account Provider )

However, if this Hosting Service of your web site has now expired from non payment then a CD ROM of your web site can be made available through YaZoogle for a fee TBA . It is your responsibility to therefore download your website before the website hosting expires.

2.22 Charge of Service:YaZoogle will send you an invoice in advance for the Service Charged. You must pay the Service Charged immediately.

2.23 Dishonored Cheque: If your cheque is dishonored, YaZoogle will notify you. You must pay that amount, together with any additional fee which YaZoogle has incurred as a result of your cheque being dishonored, to YaZoogle by money order or direct transfer to our bank account.

2.24 Late payment fees: We will charge late payment fees, not to exceed the maximum amount permitted by law and You agree to pay any reasonable attorney's fees and costs that YaZoogle and our agents incur in collecting any unpaid amount.

2.25 Change of Charges: We reserve the right to vary the rates and charges at any time without notice. Any changes will affect only renewals and not existing accounts already paid for.

2.26 Call out On site fees: There is a $75.00/ hr fee for any On site Work such as any work/discussions about your website and $35/hr travel time

2.0 INDEMNITY:

2.1. You acknowledge that YaZoogle has no control over: the availability, content and accuracy of information and material on the Internet; or material or content viewed, downloaded or stored by any person using your Web site.

2.2. You agree to indemnity and not to hold YaZoogle from and against all actions, suits, claims, demands, losses, damages and liabilities whatsoever in any way arising out of the availability and content of information and material on your web site

2.3 Third Party Action: Any alleged Third Party action that is brought against YaZoogle in relation to any/all content pertaining to your website loaded onto your hosting of choice including, website Domain name - website logo - website images - website written content supplied to us for use on your website - you agree to be held accountable to all our legal fees incurred by YaZoogle in defense of these actions/torts brought against us by a third party if they deem the content of the website is unfit.

2.4. You acknowledge not to hold YaZoogle from and against all actions, suits, claims, demands, losses, damages and liabilities liability in any way over any Domain names being registered with Incorrect Spelling or Incorrect Registrant Details. It is the customers responsibility to carefully check for any errors and report them within 24 hours of receiving the Final e-mail confirmation of Registered Domain from YaZoogle. If you fail to to report an error, we cannot be held responsible for Domain Registration not being altered within this time-frame.

2.5. You agree to indemnity and not to hold YaZoogle from and against all actions, suits, claims, demands, losses, damages and liabilities whatsoever in any way arising from the temporary suspension of the website (refer 2.11.1 Website suspension for non Agreement and Payment:  )

2.6.You agree to indemnity and not to hold YaZoogle liable for any loss of sales from from the temporary suspension of the website (refer 2.11.1 Website suspension for non Agreement and Payment:  )

3.0 AGREEMENT

3.1 If you do not agree to these terms and conditions YaZoogle will have to cease their services with you.

3.2 Changes are allowed in this contract only if YaZoogle puts forth in writing.

 

Thank you for joining the YaZoogle Team

Joanne Smith
Web Admin
www.yazoogle.com.au

NB* By reading this website service agreement, this is now binding.
You have been made aware of these for any future and pending work by YaZoogle