Website Maintenance, Technical Support and Emails – Artinfiniti Design will provide free technical support for clients who have purchased any of our Website Packages (where domain name registration and website hosting is provided by Artinfiniti Design) for the first 3 months ONLY after the website has been published. After this time, Artinfiniti Design will charge an hourly fee for any maintenance, technical support or problems that may occur to the website. Tutorials on how to upload images and files, and how to edit the content of your website will only be provided to clients who have purchased a dynamic CMS (Content Management System) Website Package. No instruction will be provided for Static Website owners.
Artinfiniti Design does NOT perform weekly backups of published websites. It is the clients sole responsibility to perform and store a weekly and up-to-date backup of their own website files and databases. Backups may be performed via the website control panel ‘cPanel’. Artinfiniti Design will not be held responsible for any loss of valuable files or data due to server malfunctions, account user interference, intentional or unintentional misuse or any external interference such as hacking. Artinfiniti Design will endeavor to restore the website to the previous or most recent working state that we have stored on file. In most cases this is not the most current or up-to-date website version.
Additional fees apply for any site maintenance or extra design work, subject to acceptance. A full quotation will be provided before any design or maintenance works commence.
Compatibility – Artinfiniti Design warrants that the website we design will be compatible with: Microsoft® Internet Explorer 6+ and Safari v 3.2.1+. While Artinfiniti Design will make reasonable efforts to design a cross-platform compatible website, compatibility with all browsers is not guaranteed.
Ownership – Unless advised otherwise, the person or legal entity who purchased the design package is the exclusive owner of the website design content which includes the uploaded files that are stored within the allocated web server – and after final payment is received. This does not include: any code source files, any original stock images, any photoshop (.psd), illustrator (.eps or .ai), inDesign (.indd), or any flash (.fla) source files – these original source files remain the property of Artinfiniti Design. Cancellation of a design agreement, ceasing to continue with services provided by Artinfiniti Design, or failure to make payment releases the client of any ownership rights.
Portability – The Website will be installed on the Artinfiniti Design hosting account included in the relevant package. Once the website is delivered, the Client is free to move his/her website to another hosting account. Client accepts full responsibility and absolves Artinfiniti Design from any responsibility for the project if it is moved.
Copyrights and Trademarks – Artinfiniti Design is not responsible for the images and content published on the designed websites. It is the client’s responsibility to ensure that all images, fonts and content published on their website conform to the Copyright Act 1968 . If any of the images and content are not lawfully owned or licensed by the website owner, explicit permission to use them must be obtained by the client.
Responsibility – Once the website has been installed, the terms and conditions apply. Artinfiniti Design is not responsible for the content published on the website or any technical issues that may result from updates and maintenance attempts performed by the website owner or any other party. Client accepts full responsibility and absolves Artinfiniti Design from any responsibility for the project if it is altered or changed in any way after publication. eg. Any errors that may occur to the website because the client has made changes themselves are not the responsibility of Artinfiniti Design. Artinfiniti Design will happily correct any errors and restore the site to its previous working state where possible for an additional fee. During the development process, you must deal with your allocated designer. Your designer will be able to provide you with advice and support on aspects of your web project (design, e-business, web hosting features, domain name registration, etc.). As long as you host your website with Artinfiniti Design, you will also benefit from Artinfiniti Design email support.
Payments – Artinfiniti Design accepts payments by direct deposit, Visa or Mastercard (Paypal) – details of how to pay will be outlined on your Tax Invoice. All payments are non-refundable once the design process has begun.
Payment Terms – A deposit is required in advance before the commencement of any project. Orders may be placed via phone, email or fax. Payments may be made via direct bank deposit or credit card, with payment options provided on the quotation. Design works will only commence once the payment has been approved. Full outstanding balance is required within 7 days of website publication or completion of design project.
Right to Service – Artinfiniti Design reserves the right to refuse service, especially if the requests are not aligned with our business operating principles and policies, or are outside of the general scope and design style of Artinfiniti Design.
Refund Policy – Artinfiniti Design reserves the right to negotiate and refund an appropriate portion of the amount paid by customer towards the request for service. Under no circumstances will Artinfiniti Design be liable for any damages arising from misrepresentation or misinformation.
Indemnity – You will indemnify and hold Artinfiniti Design, its licensors, content providers, service providers, employees, agents, officers, directors and contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures contained on the web site, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from the Web site.
Severability – The provisions of these Terms and Conditions may be exercised and are applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms and Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms and Conditions are held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall apply with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Waiver – No failure or delay on the part of Artinfiniti Design to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by Artinfiniti Design preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by Artinfiniti Design to any breach of or default in any of these Terms and Conditions shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.