One Fusion PTY LTD Terms & Conditions
The Client: The company or individual requesting the services of One Fusion.
One Fusion: Primary designer/site owner & employees or affiliates. Trading As One Fusion PTY LTD
One Fusion will carry out work only where an agreement is provided either by email, telephone, mail or fax. One Fusion 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 One Fusion and the client, this includes telephone and email agreements.
Our Rights to vary Terms
We do from time to time update our terms, we reserve the right to do this at our discretion you will be required to sign or agree to these terms in order to continue your service with One Fusion.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, One Fusion 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 One Fusion until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by One Fusion remain the copyright of One Fusion and may only be commercially reproduced or resold with the permission of One Fusion until the account is settled.
One Fusion 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 briefs provided will be carried out at the discretion of One Fusion and where no charge is made by One Fusion for such additions, One Fusion 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 One Fusion all materials required to complete the site to the agreed standard and within the set deadline. One Fusion will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
One Fusion 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. eg. Any disputes re content/images that have been provided to us for inclusion on the site. One Fusion 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. One Fusion 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.
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.
Database, Application and E-Commerce Development
If you are using your own software
One Fusion cannot take responsibility for any losses incurred by the use of any software created by 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 they supply is functioning correctly before use. Any scripts, applications or software (unless specifically agreed) written by One Fusion remain the copyright of One Fusion and may only be commercially reproduced or resold with the permission of One Fusion Designs.
If you are using your our software
If however we are building a website using our own software One Fusion will carry out all tests and ensure the software is working correctly, in this instance the ultimate responsibility lies with the One Fusion in ensuring that all software they supply is functioning correctly before use.
Where applications or sites are developed on servers not recommended by One Fusion Designs, 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 client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
One Fusion has a strict policy on time allocation due to the number of projects we may have at any one time, therefore One Fusion does not allow for developers to travel to clients houses to “code while you wait”. All correspondents are handled via Telephone, Email and other digital forms. This clause also extends to Sales Managers.
One Fusion will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 9,10 and to an acceptable level with Mozilla browsers. One Fusion can offer no guarantees of correct function with all browser software.
Website Hosting & Email Service
One Fusion reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and to terminate the hosting service should the necessity arise. Please also note that all quotes exclude domain name purchases as they are an additional fee payable directly to the registry. Any textual and picture changes regardless of size and any new pages or work that constitutes code editing (including flash) will be charged at $50 per hour. We will not be held responsible for any loss of emails or data.
We agree to set up email addresses as required and where we host your website, however we cannot configure mail clients such as Outlook, thunderbird and Bigpond. If you wish for us to undertake this, a fee is payable. All emails that are hosted with One Fusion can be viewed via webmail by visiting www.yourdomain.com.au/webmail
We do not offer any Google guarantees, your website will be submitted to Google for indexing this is then entirely dependent on Google. This means you can expect to type your company name into Google and see your website. This does not mean you will rank for keywords such as “ Plumber Sydney” If you wish to have your website listed under numerous categories you will need to seek assistance from an external SEO provider.
Approval of Designs
Once a project design confirmation has been signed, only basic changes can be implemented changes such as graphics and layout changes cannot be done after this stage, due to the complex task of web development it is at our discretion whether the change falls under this point. If such changes fall outside the levels defined, additional work will be charged at $50 per hour. We will seek your approval before any costs are incurred. We have a minimum charge of 1 hour for all alterations. We allow for 3 major design variations for each project, if after the 2 attempt we fail to meet your expectations we shall arrange for a telephone-conference to discuss any underling issues.
CMS/ Ecommerce Projects
A Common misconception is that with a CMS system any one with minimal knowledge can redesign an entire website on a regular basis, this is incorrect, you will be able to add content, new pages, products and change body text and pictures. You will not be able to change designs and layouts. Think carefully before you proceed with a CMS project and ensure it meets your needs as often we find a straight forward HTML website is adequate for most small businesses.
Once an invoice is paid or partly paid you are obliged to pay the total value of the contract, think carefully about engaging One Fusion to create your website, usually we cannot offer a refund of a deposit if a project has been commenced or indeed scheduled. We do offer a 7 day cooling off period from the date of signed terms, however if we have already commenced the project based on your instruction then this period is waived. These terms do not affect you statutory rights and of course if a website fails to meet your expectations we are more than happy to discuss any issues with you. However simply changing your mind after a site has been produced does not constitute a refund.
It is almost impossible to list every variation of our product due to our diverse client range: however our most commonly used products consist of the following:
CMS (Content Management System) Website
If you have been advised of any variations or have agreed to a different product, please refer to variations of standard terms document. Both parties are required to sign this before commencement of the project.
Your responsibility as a business owner.
We like to maintain a happy client relationship thought out the project and into future, therefore please ensure all content is supplied to us in a timely and efficient manner.
As with all design companies, our work load changes, the time frames stipulated at the commenced of the project is purely an estimate and cannot be guaranteed in any way, this also applies to any future work you require us to carry out, therefore please aim to supply information as soon as we request it from you. We have to be fair to all; therefore projects will be started on a first come first serve basis. If you fail to produce the required information within 6 months of signing the terms we reserve the right to requote on the project due to lapsed timeframe.
Once all information has been supplied we shall complete all prescribed works within 28 days of receipt of your information.
Payment of Accounts
It is the One Fusion policy that any outstanding accounts for work carried out by One Fusion or its affiliates are required to be paid in full, no later than 7 days from the date of the invoice unless by prior arrangement with One Fusion. All projects require a 50% Deposit payable upfront. Due to the nature of our work Websites will not be put live until all payments have been made and cleared.
Firstly we hope you have no reason to be unhappy! However as with any business sometimes you may feel the need to raise a concern, in this instance we always encourage you contact us on 02 6681 3915 and discuss the matter with us. If your direct contact is not available please don’t wait to speak to that individual, please contact us ASAP so we can resolve the matter quickly for you. Our Office is Manned 9-5 Monday to Friday so there is always someone there to chat to. However if you continue to feel unhappy please following our complaint handling procedure:
Anyone who experiences a problem with their web service provided by One Fusion should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material www.onefusion.com.au/complaints and clearly outlining the grounds for complaint.
One Fusion will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
We of course treat all our clients respectfully and professionally and we expect the same from our clients therefore One Fusion will not tolerate any abusive, offensive or aggressive behaviour. We will terminate all services immediately and reserve the right to withdraw your website. Our Opening hours are 9:00 AM to 5:00 PM Monday to Friday. You can email firstname.lastname@example.org outside office hours for any essential support. They will endeavour to contact you within 24 hours.
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 One Fusion Designs, 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 these terms you agree to them in full.
Company Name: …………………………………………………………..
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