Arakhne Web Design© 2002

Terms and Conditions

1.0 OUR SERVICES INCLUDE:

1.1.WEB DESIGN

a) Stand Alone New Website Designs
b) Upgrading Existing Websites with new website design strucutre

1.2 DOMAIN NAME REGISTRATION
1.3 HOSTING SERVICES
1.4 WEBSITE MARKETING: Serach Engine Optomization (SEO)

2.1. By Accepting these Terms and Conditions Arakhne Web Design agrees to provide the Services set-out in below.

HOSTING

2.2. Hosting & Domain Name Resale: You must not resell, ( Hosting Service & Domain Name) or attempt to resell, the Services or Transfer your Account to another person without our prior written consent.

2.3 Hosting Services: Interruption of Service. ( Hosting Service & Domain Name) You hereby acknowledge and agree that Arakhne Web Design and its suppliers will not be liable for any temporary delay, outages or interruptions of the Services. Further, Arakhne Web Design shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure) and therefore can not be held responsible for any third party ceasing their service to Arakhne Web Design on behalf of their clients, therefore any fees paid to this third party is non-refundable.

2.3.1 Backups and Data Loss: Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers via FTP with user name and password supplied to you on purchase of this service. (See also 2.11 Website Changes by Third Party).

DOMAIN

2.4 Customer Domain Registration/Ownership We cannot guarantee that any URL's and/or domain names you request for your Web site will be available for your use. In the event that none of your requested URLs are available, we will contact you and request alternatives. In cases where the customer owns their own domain the Customer grants us permission to transfer their domain from existing registrar to another for the management of the domain while we host the Web site or Web site products.

WEB DESIGN

2.5 Web Design :Arakhne Web Design offer 2 types of Web Web Design Services a) NEW WEBSITE b) UPGRADING AN EXISTING WEBSITE

a) NEW WEBSITE Arakhne Web Design 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: Onsite visit, on the telephone, and/or using electronic media such as fax, e-mail, Cd Roms posted etc

b) UPGRADING AN EXISTING WEBSITE - When upgrading an Existing Website to a New Design format only - Arakhne 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 ) : Onsite visit, on the telephone, and/or using electronic media such as fax, e-mail, Cd Roms posted etc

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.

2.5.1 Web Content must be original:
The website content you supply to Arakhne Web Design 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 Arakhne Web Design, as a result of you supplying unoriginal content - you agree to pay all our solicitor fees and any costs awarded against Arakhne Web Design.

2.5.2 Before work Starts: a) The client must agree to the' Quote' issued to them by Arakhne Web Design based on the information supplied by them of what content they require on their website ... this is done by filling in a ' online work agreement ' form (this link will be sent to the client by e-mail along with this Quote ) and b)A 30% deposit will have to be paid upfront based on the agreed Quote.

2.6 Additional Design fees: 3 DESIGNS FREE - The first website 3 designs have no additional charges, however, any design after this, will require an hourly fee of $50 until the design is agreed upon by the client.

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

The Content is supplied by you, the client, for individual web pages - ie 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 Arakhne Web Design 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 $50. It is therefore better to provide all website content correctly once, as not to impose any additional charges for repeating the said work ordered.

2.8 Quote: From this first discussion/meeting, a Quote will be issued to you. 1) If you then decide that you do not want some of the items mentioned on this Quote, you will notify Arakhne Web Design of these and a Amended Quote will be sent to you.2) If any additional items are required not mentioned on the Quote thereafter - there will be additional fees charged.

2.9 Temporary Hosting Site: The proposed website will be designed and uploaded to a Temporary Holding Site for you to view and comment on.

2.10 Upload Finished Web Site FTP by Arakhne Web Design : When both parties agree that the Website is completed and full payment is made to Arakhne Web Design per Quote and any New work assigned after said Quote. It will be uploaded to the Hosting Bay of your Choice.

2.11Website 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 ( eg 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.

2.12 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.

2.13 Online Tutorials: we do suggest you visit our ONLINE TUTORIALS for SUGGESTED HELP with setting up your computer. These lessons are just indicators and thus we cannot be held responsible for any loss or damage to your computer as a result of using these Online Tutorials. If you feel that you are not capable of understanding the technical side of computer set-ups, we suggest you get another provider to do this for you.

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

2.15 Loss of Customer sales Arakhne Web Design is not be responsible for any loss of customers or sales if the web site has either been removed see (3.3). You will not hold Arakhne Web Design responsible for any type of financial loss. Once your site is register for hosting and domain name. Your site is effectively working.

2.16 Payment Plans Arakhne Web Design generally do not offer payment plans.

2.17 Right to Terminate Either party may terminate your participation without cause by not less than 7 days. Refunds will be issued after payment for work NOT completed. See ( 3.2 )

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

2.19 Pricing changes Arakhne Web Design can change the pricing at any time for future work not already quoted. Arakhne Web Design 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.

2.21 . Charge of Service: Arakhne Web Design will send you an invoice in advance for the Service Charged. You must pay the Service Charged within 7 days of receiving this.

2.22Dishonoured Cheque: If your cheque is dishonoured, Arakhne Web Design will notify you. You must pay that amount, together with any additional fee which Arakhne Web Design has incurred as a result of your cheque being dishonoured, to Arakhne Web Design by money order or direct transfer to our bank account.

2.23 late payment fees: We may charge late payment fees, not to exceed the maximum amount permitted by law. You agree to pay any reasonable attorney's fees and costs that we and our agents incur in collecting any unpaid amount. We will not be responsible for any taxes that you owe in connection with services you have asked us to provide.

2.24 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.

2.25 Call out Onsite fees: First visit is free. After this, there is a $50.00/ hr fee for any Onsite Work such as any work/discussions about your website

3.0 PAYMENT REQUIREMENTS:

3.1 Payments. All payments must be made within 7 days after Tax Invoices are received by you (E-mail, fax, or posting tax invoices) If payment is not received by this time then Arakhne Web Design has the right to temporarily remove the Index Page of your site from the WEB until such payment is made.

3.1.2 Domain Registration: Domain name(s) registered by us on Client's behalf are registered in your name and ownership of such domain belongs to you, provided the appropriate registration or renewal fees are paid when due. You grant us permission to administer the domain name(s) on your behalf. The administration fee/service is included in the domain registration/renewal pricing schedule.

3.1.3 Failure to pay your domain registration renewal by the due date will result in your domain name being cancelled. Once the domain name has been cancelled, it will be available for registration by anyone.

3.2 Refunds will be allowed for work not done ( all work Completed will have a fee based on your Quote 1.)

3.3 Changing DNS assigned IP Numbers to a Domain Name not purchased by Arakhne Web Design : If Arakhne Web Design has to contact your hosting company/ or ISP server to re-assign DNS numbers a $50.00 FEE will apply.

4.0 INDEMNITY:

4.1. You acknowledge that Arakhne Web Design 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.

4.2. You agree to indemnity and not to hold Arakhne Web Design 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

AGREEMENT

If you do not agree to these terms and conditions Arakhne Web Design will have to cease their services with you.

Changes are allowed in this contract only if Arakhne Web Design puts forth in writing.

Thank you for joining Arakhne Web Design.

Joanne Smith BA
Web Admin

NB* By reading our Terms and Conditions, these are now binding.
You have been made aware of these for any future and pending work by Arakhne Web Design