The following are the terms and conditions of any contract or agreement with "WebSide" and of using this website. Kindly read it carefully before you agree via the Submit button below.

 

GENERAL OVERVIEW

1.      The information provided on this website is not intended for distribution to or use by any person or entity.

2.     By using this website , you represent and warrant that: (1) you have the legal capacity and you agree to comply with these terms and conditions; (2) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this website ; (3) you will not use this website  for any illegal or unauthorized purpose; and (4) your use of this website  will not violate any applicable law or regulation.

 

GENERAL CONDITIONS

1.     Any new features or tools which are added to this website  shall also be subject to these terms and conditions. "WebSide" reserves the right to update, change, or replace any part of these terms and conditions by posting updates and/or changes to "WebSide" website.

2.     A breach or violation of any of the terms and conditions will result in an immediate termination of your services and/or contracts.

3.     If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force.

 

PROCESS WORK

1.     The client gets a free quote by communicating with "WebSide" team, which will be built according to “WebSide” team’s evaluation of your requested services. 

2.     If the project agreed on has multiple stages, “WebSide” team reserves the right to withhold work on any stage until each stage is fully paid for. 

3.     The client can request modification or change to an earlier stage that has been completed and agreed on, only by contacting "WebSide" within three days of this agreement. Otherwise, the amendment or change after this period can be deemed a new project that needs to be evaluated and an independent invoice generated.

 

"WebSide" WORK

1.     All programming files that "WebSide" team creates or modifies are considered an exclusive right, and therefore no one, especially the client, has the right to sell or lease it to any other commercial contract. Otherwise, these files are considered to have gone out of the client's possession and transferred to the private domain of "WebSide" team.

2.     The client must discuss this with "WebSide" in order to sell provided products.

3.     Everything that "WebSide" team offers from pictures, videos, animations, and other media is prohibited for the client to publish or use for other purposes except by obtaining permission from "WebSide".

4.     The client may not use "WebSide" products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

PROJECT TERMS AND CONDITIONS

1.     All quotes/ proposals/ estimates are based on "WebSide" team’s understanding of your requirements and as per the given time-frame. Any changes to the functionalities including micro-improvements may incur additional costs accordingly. It is the client’s responsibility to ensure that "WebSide" fully understand their requirements and have included them in the quotes/ proposals/ estimates before agreeing on any quote/contract/proposal.

2.     By accepting a quote, you agree to and accept the terms and conditions of "WebSide". Acceptance can be verbal, by email, by signing a contract, paying invoices, or via the Submit button below.

3.     Clients must provide "WebSide" with clear guidelines along with the flow or specific details they may require. When such details are not provided, "WebSide" will proceed with "WebSide" team's understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your website development and ensure that you have been quoted on the right requirements.

4.     Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. "WebSide" operate in good faith and rely on "WebSide" clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by "WebSide".

5.     "WebSide" will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.

6.     Any delays at the client’s end, may delay the project and proposed timeframes and may incur additional costs.

7.     Any bugs (programming errors) reported during or just after the development does not attract additional charges.

8.     Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.

9.     Please note that at any stage during the project, stalling of the project for over two calendar months will incur AUD$99/week administration costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise "WebSide" in writing in advance to put the project on hold without incurring additional charges. Further details can be discussed if such a situation arises.

10.                        "WebSide" takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is clients responsibility to update all components and third party softwares. "WebSide" suggest you to take regular back-ups to avoid any disruptions.

11.                        The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. "WebSide" will try the best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize "WebSide" for any genuine delay, when every effort to keep the project on the proposed schedule is taken.

12.                        Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.  

13.                        All communications/ correspondences are generally done via emails. It is the client’s responsibility to keep "WebSide" updated with their relevant email addresses.

14.                        "WebSide" reserves the right to cancel any agreed project without refunding the payments of the completed stages in that project if they are paid. Where "WebSide" specifies the completed stages according to "WebSide" team's experience.

 

PAYMENT REFUND TERMS AND CONDITIONS  

1.     "WebSide" reserves the right to negotiate and refund the appropriate portion of the amount paid by the client towards the requested service. If you cancel your order after making the payment, but the work has not commenced, "WebSide" will refund 75% of the payment that you have already made. If the order is cancelled after the commencement of work/stage, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed.

2.     For minor or one-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform "WebSide".

3.     Late fees and charges: All expired invoices will incur a late payment fee of 10% of the pending amount fortnightly from the due date mentioned in the invoice. 

4.     If the client didn't pay the invoices for 3 fortnights after the expiration, "WebSide" have the right to prevent the client from getting the relative project service/product (mentioned in the invoice description). All other related contracts and/or proposals will be canceled automatically, without any refund from “WebSide”.

5.     Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be paid in full and is non-refundable.

6.     "WebSide" generally builds and tests the products/services on "WebSide" own local server or hosted domains. The products/services will be transferred-off to the nominated 3rd party server upon full payment of all invoices and dues.

7.     Purchase of "WebSide" products and services and will be made through Bank and Transfer or money transfer companies (e.g. western union)

8.      If the clients is on right to get a refund from "WebSide" the return process will be done within 7 days from his request.

 

DISPUTES, LIABILITY AND INDEMNITY  

1.     In an event of a dispute, "WebSide" reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event,"WebSide" reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will "WebSide" be liable for any damages arising from misrepresentation or misinformation.

2.     "WebSide" reserves the right to refuse services to any client, if these are not aligned with "WebSide" business operating principles and policies mentioned in the terms and conditions, privacy policy, proposals, and contracts.

3.     "WebSide" provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. "WebSide" ensure to the best ability where the systems and servers will be protected from hackers, viruses, intruders and other online and offline problems, however "WebSide" will not be held liable for any disruption of services if such a situation arises.

4.     Relationship of "WebSide" with its suppliers, partners and subcontractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.

5.     "WebSide" will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earthquake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.

6.     All content of this website is a property of "WebSide" unless otherwise specified. "WebSide" reserves the right to change the content or policies without any prior notice.

 

GOVERNING LAW

These terms and conditions and any separate agreements whereby "WebSide" provide you Services shall be governed by and construed in accordance with the laws of St George Area, Sydney, NSW, Australia.

 

CONTACT INFORMATION

Any ambiguities in the interpretation of these terms and conditions shall not be construed against the drafting party. And for any questions about the terms and condition or in order to resolve a complaint regarding the website, please contact "WebSide" at: Contact@WebSide.xyz