LIXIA TECHNOLOGIES

Web Design Terms and Conditions

General

Please read through our Terms and Conditions thoroughly. We suggest that you go through our terms and conditions carefully before deciding to use our services. Upon making the decision to use our services it is understood that you have agreed to the terms and conditions set forth on this page. When using the words “We”, “us”, “our”, “our service” and such, we are referring to LIXIA TECHNOLOGIES Pty Ltd ACN 634 458 718 and its respective products and services. References to “you” “your” “customer” “client” and the like, refer to you, and your agents. LIXIA TECNHOLOGOIES Terms and Conditions are subject to change without notice and may be superseded. We hence advise that you check back here regularly and read through any updates of the terms. We also may modify these Terms and Conditions by general notice on a page of our website, by email or by any other method of communication. Your continued use of this website and our services implies acceptance of any subsequent revisions.

LIXIA TECHNOLOGIES liability is limited to the amount paid by the customer to LIXIA TECHNOLOGIES for work undertaken.

LIXIA TECHNOLOGIES will not be responsible for a failure to comply with its obligations under this Agreement to the extent that failure is caused by a Force Majeure Event, provided that the party keeps the other closely informed in such circumstances and uses reasonable endeavours to rectify the situation.

This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.

Project Terms

One-off Website Payment

Stage One: LIXIA TECHNOLOGIES requires 50% of the total payment as deposit before commencing work on client’s website project.

Stage Two: Upon delivery of client’s website design we will charge a further 25% of the total payment via decided payment method. The client has now the possibility to request minor design changes (“Change request”) and communicate the final requests of the website design.

Stage Three: After receiving the change request (or no change request) for your website we will proceed developing the website and supply you with a fully developed website on the temporary domain or your domain when ready (once we have received payment for Stage Two). By then we will have entered the content that you supplied to us. If we have not received content for your website at the time of design approval, we will load dummy content onto your website.

Once the website is fully developed, the client has now the chance to, within Five (5) business days, communicate any technical defects they are facing after the delivery of the complete website. Any material defect must be communicated to us, in writing, in the five (5) business days between us delivering you your website and us taking the Stage Three payment.

Five (5) business days after we have sent your website on its temporary domain or your domain we will charge you the Stage Three website payment of the remaining 25% of the total amount and deliver your website on your own domain once the total amount has been charged.

The final 25% payment will not, under any circumstances, be delayed for failure by you to supply us with content. The payment may only be delayed, if upon supplying you with your website on its domain, there are material defects in what we supplied to you from what we have promised to you in our initial proposal, wireframes and/or design concepts. Once these material defects have been rectified, we will automatically process the Stage Three payment.

Website Monthly Plan Payment

  • One-time setup fee required. Different setup fee applies on different packages
  • The monthly fee is $99 for all packages
  • No Lock-in contract
  • If no content provided, Lixia Technologies proceeds with dummy information (including logo, text and images)
  • First monthly payment will be charged from the project delivery date
  • If the monthly fee is not paid within 5 business days, Lixia Technologies will send a reminder email to customer. If the fee is still not paid within 30 days, the website will be deactivated. For reactivation customer needs to pay the setup fee once again
  • Domain name, host and website will be Lixia Technologies property until the customer decides to buyout

Monthly fee (for additional monthly services only)

Commencement

We will commence charging your monthly fee upon website approval, or 28 business days from when your website is delivered to you for the first time on your domain. Although your website may not be live at this time (due to your own schedule), your account still costs us for things such as support, domain name, host and server disk space above 20 GB. If your package includes free domain and hosting the first year, the domain and host billing will start after the first year.

Monthly fee billing procedure

You will be billed once a month when using our service. We bill on the first of the month for that month’s monthly subscription fee. You will be billed retrospectively for any additional services that you use during a given month. Your first month will be billed on a pro-rata basis dependent on the number of days left in the month.

You can opt to pay 6 or 12 months in advance on receipt of a Tax Invoice. Please contact our accounts team for further information.

Your monthly fee is as per your website proposal until you are notified of any price increase. We will give advance notice of any price increase via email.

Data transfer and disk space

Your total disk space is 20 GB, any additional use of disk space will be charged according to the host provider prices.

Payment in advance

You are billed for the month in advance. If you cancel your service, you will not be billed again. However, you will not be eligible for a refund or partial refund for the previous payment, regardless of how much of the current month you have used.

Payment is only accepted by a direct debit from a nominated bank account or from a credit card kept on file. We do not accept cheques, direct deposits or cash.

Non-payment of monthly fee

If the monthly payment for your website becomes overdue by more than 30 days we will put your account on hold until all outstanding fees are collected. This will include any email addresses we provide. We will charge a reinstatement fee of one month’s fees ex GST in additional to all outstanding fees.

If the monthly payment for your website becomes overdue by more than 90 days we will send your account to a debt collection agency. You will then be liable for any fees incurred in the recouping of the fees charged by the agency.

Cancellation of monthly website plan

  • If the customer decides to end using Lixia technologies services they have the option to buyout the domain name and/or the website for a specific fee. The fee will be determined at the time of buyout.
  • If the customer decides to end using Lixia Technologies services without the buyout the ownership of domain, host and website will remain with Lixia Technologies.
  • For both above options one month written notice is required.

Cancellation of account and refund policy for monthly fee

If you are not happy with your website or wish to put your site on hold for longer than one month then you can cancel your service immediately. From the time you receive your cancellation confirmation you will no longer be billed by LIXIA TECHNOLOGIES. No retrospective cancellation is possible. You are billed monthly, for the month in advance for your monthly subscription. No refunds or partial refunds are available for unused portions of the month. If you use several of our services (such as email hosting or domain registration), you must state which services you want cancelled. Requests to cancel an account must be in written format, stating the date you wish your service/s to cease. Once we receive your request we will reply with a written confirmation of cancellation.

If you choose to commence website services with another provider, you must inform us if our services are no longer required by you. There is no automated way for LIXIA TECHNOLOGIES to know that you are no longer requiring our services. If you fail to inform us, we cannot refund for past months’ fees.

We will store a copy of your website for 6 months from the date of cancellation, after which we will delete all files related to your website. We will not inform you once we delete all files following 6 months. If you would like us to store a copy of your website beyond 6 months we charge a small storage fee of $10 ex GST per month.

We will charge a re-activation fee if you choose to come back to us in the future.

Refund policy (For projects paid in stage structure)

Prior to work commencing

You will be eligible for a complete refund of your 50% deposit if no work has commenced on your project from when we receive payment of your deposit, to when we receive notice in writing that you are cancelling your project and request a refund.

Once work has commenced

Once we have commenced work on your project no refund is available on the 50% deposit paid for your project. Work may include, but is not limited to; contact between yourself and an Account Manager and/or website designer from LIXIA TECHNOLOGIES, the commencement of wireframes/prototypes by LIXIA TECHNOLOGIES for your project, the commencement of design concepts by LIXIA TECHNOLOGIES for your project and other work undertaken by LIXIA TECHNOLOGIES in relation to your project.

Once design has been delivered

As per the payment structure agreed when commencing your project we take a Stage Two 25% payment of your website project upon delivery of a website design. Once this has been delivered and payment taken, no refund is available for the payments made to date. If you choose to discontinue your website build, you must notify us in writing at this stage. Should you cancel your website build at this stage you will have ownership of the wireframe concept we have supplied to you, as well as the website design concept(s) (excluding stock images and other materials not owned by either party) that we have supplied.

Following site delivery

When fully developed your website will be delivered on a temporary domain or your domain. At this stage, your website will contain the content you have supplied to us, should we not have received content from you, dummy content will be entered onto your website. If you have not provided content to us prior to Site Delivery, this is not cause for delay on the Stage Three payment owing. The Stage Three, and final website charge of 25% is taken 5 business days after delivery of your website. If you elect to withdraw from your website project at this point, no refund will be made available to you. The Stage 3 payment can only be delayed if there are material defects in the site we provide to you, to what we have promised during the proposal, of what you have provided to us to be included in the website, wireframe and/or website design stages. Should such a defect occur, we have the right to take the Stage Three payments once the defect has been rectified.

Suspending your account

During your website build we reserve the right to suspend your account if we do not receive approval and/or feedback within 6 months from the date that we last supplied work to you. In order to re-open your project with LIXIA TECHNOLOGIES we will charge you $2000 + GST to reschedule resources for your project.  If your project remains suspended for three or more months, we then reserve the right to permanently close your project. At the time of closure your project will be closed completely, all money paid to us will be forfeited in its entirety and LIXIA TECHNOLGOES will owe you no further obligation in terms of completing your website project. This term relates to projects at any stage of build; deposit, prototype/wireframe, design delivered and site delivered.

 

The images on your websites

If we use stock imagery on your website you do not own these images, ownership is retained by the image rights owner. Such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your website by us. Any editing of the dimensions in which they appear may contravene their usage rights. Do not copy the images and use them in other promotional materials. If you are looking to own the images on your website or use them for another purpose then please contact us and we will strive to put you in contact with the image rights owner. This of course, does not apply to images that you own and provide to us for use on your website.

Your intellectual property and our intellectual property

The system that runs your website remains the property of LIXIA TECHNOLOGIES at all times. The coding, programming and intellectual property that creates your website is owned by LIXIA TECHNOLOGIES. In proceeding and paying in whole for a website project with us you own the style, design and graphic design of the website. You also own all of the content that you place onto your website. The content, style and design on your website will be made available to you if you elect to leave LIXIA TECHNOLOGIES.

Website content

Websites acquired from LIXIA TECHNOLOGIES cannot be used to disseminate, communicate, store or transmit:

  • content sexually-explicit in nature
  • information that contains virus’, worms or malicious elements;
  • Copyright infringing data;
  • trade secret protected data;
  • data that infringes on any intellectual property, publicity rights or privacy rights;
  • is defamatory, harassing or threatening;
  • relates to illegal business operations or schemes;
  • contains deliberately misleading, incomplete or deceptive content; or

is deemed inappropriate by LIXIA TECHNOLOGIES.

Changes in content

The Services to be provided to the Customer and the elements of the Website are set out in the Development Specifications. If the Customer requires any changes during the term of this Agreement to the scope and nature of the Services to be provided, or the elements of the Website which the Supplier advises require additional time, material or resources to be provided by the Supplier (Additional Services), such changes will occur as follows:

(i)      the Customer will notify LIXIA TECHNOLOGIES of any changes it requires;

(ii)     following notification, LIXIA TECHNOLOGIES will provide the Customer with written notice of:

  1. the changes required to the Development Specifications;
  2. the Additional Services required by such changes; and
  3. the Additional Fees required to undertake such Additional Services.

 

Pricing

LIXIA TECHNOLOGIES has the right to alter pricing at any time. Before doing so, notice will be given to you. Your continued use of our services implies an acceptance of the new pricing.

Promotional material

LIXIA TECHNOLOGIES reserves the right to use client websites, web designs, layouts, prototypes, wireframes and collateral in advertising and / or marketing initiatives. This may include portfolio examples on our website, case studies and other promotional initiatives.

Maintenance

(a)    LIXIA TECHNOLOGIES will provide Maintenance Services as part of the Services for a period of up to 5 hours per month for 1 month at no charge to the Customer following delivery of the Website to the Customer.

(b)    If the Customer wishes to obtain any additional Maintenance Services (Additional Maintenance Services) it must request these from LIXIA TECHNOLOGIES and, if we agree to provide such Additional Maintenance Services, our standard rates for such Additional Maintenance Services will apply, as set out in our website at www.lixiatechnologies.com.au as updated from time to time.

Sub-contractors

LIXIA TECHNOLOGIES may appoint sub-contractors to perform Services under this Agreement.

Support and staff rates

Any website related issues can be communicated on LIXIA TECHNOLOGIES email support service on support@lixiatechnologies.com

Included in your free one month support

  • Help the client understanding what you can do and where you do it on the delivered website
  • Help using web mail (and one time support for email setup)
  • Help configuring and transferring Domain Names
  • Billing enquiries
  • Bug reports and fixes of designed website frame functionalities

The following attracts an hourly support fee

  • Support from staff other than our helpdesk staff (e.g. Management or Designer)
  • Content changes
  • Designer time / design changes
  • Project manager time
  • Developer time
  • HTML/CSS/Coding support and troubleshooting
  • All application support (i.e. Photoshop, flash etc.) (please see our IT support page on lixiatechnologies.com.au)
  • All customer computer hardware issues that we can help with (please see our IT support page on lixiatechnologies.com.au)
  • Time spent investigating and resolving a reported issue for which LIXIA TECHNOLOGIES is not responsible (issues encountered due to customer negligence). LIXIA TECHNOLOGIES provides its customers a “Quick user guide” containing the parts of the website customer is permitted to edit without LIXIA TECHNOLOGIES supervision.

Payment of all support tasks or additional work outside of your original project fee will be payable as soon as the task is completed. We will not notify you of the payment, we will charge you using your payment method on file.

All quotes are valid for 7 days.

Monthly website support subscription

We have several packages offering monthly website support to our existing clients (after first months free support) and new clients. Clients can select the package they find most suitable to their monthly support requirements. The following is applicable for all our website support packages:

  • The support time included in each package is limited and any support exceeding that time will be subject to hourly support fee found on our remote tech support page https://lixiatechnologies.com.au/services/tech-support/
  • Monthly support time is only valid for that specific month and can’t be accumulated
  • Website downtime or crash can be related to host DNS server issues, CMS theme and plugin incompatibility, coding errors, or security issues such as DDoS attacks, brute force attacks (access control), poorly coded or outdated software (software vulnerabilities), third-party integration. Lixia Technologies website support can’t be held liable for not being able to resolve these types (or similar types) of issues.

Non Payment of task fees

If task fees become overdue by more than 30 days we will put your website account on hold until all outstanding fees are collected. This will include any email addresses we provide.

If task fees become overdue by more than 90 days we will send your account to a debt collection agency. You will then be liable for any fees incurred in the recouping of the fees charged by the agency.

Site launch

  • We make every effort to launch your site onto your domain name on the date you request when approving your website but we do not offer a guarantee. If we are not able to launch on the day requested we will inform you prior to the date and arrange an alternative launch date.
  • Due to the reduction in staffing levels around Christmas and New Year we do not deliver or launch sites in the Christmas/New Year period.

 

Your privacy

Your privacy is important to us. We dislike SPAM as well. We will never sell, lease or distribute your contact details to any 3rd party. We will only reveal data pertaining to your account if compelled to do so by law.

Fair use policy

We employ a fair use policy to the websites we provide to our customers. If we believe, for any reason, that you are not behaving in a manner expected of a LIXIA TECHNOLOGIES customer then we reserve the right to terminate your account – effective immediately.

Accessibility

We make efforts to ensure that the website, Mission Control and all of our services are online 24×7 every day of the year. However, this will not always be the case. There are times when the website will be down, sometimes for things that we can’t control and others that we can. When our service is offline we will do our best to get it online as soon as possible. We will not be held responsible for damage, events or losses directly or indirectly related to the website being offline. If you have specific hosting needs, or expect a large volume of users to visit your website in a short space of time, e.g. viral marketing campaigns, mass media exposure etc then please contact us well in advance. 

Service Level Agreement

We strive to provide at least 99.9% up time on all of our hosting.

Hosting

Your website must be hosted by us for the duration of your contact with us. Given the nature of our Content Management System (CMS) / Mission Control area we cannot build or support your website unless it is hosted by us.

Liability

We will not be held liable for any action or inaction relating to our service. We offer a quality service at highly competitive rates. We believe that our system is highly secure from the actions of hackers, viruses and other problems on the internet but can make no guarantees. It is up to you to back-up and ensure the integrity of your data offline. If your website is offline then please contact us and we will try to fix the problem as soon as possible. We will not be liable for loss of sales, leads or reputation from using our service.

Disclaimer of warranties

LIXIA TECHNOLOGIES does not give any warranty in respect of our services other than as is implied by law.

Severability

If a clause or part of a clause is read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If at any time any provision of this Agreement or any document executed in connection herewith is or becomes illegal, invalid or unenforceable in any respect under any law, the legality, validity or enforceability of the remaining provisions under this Agreement shall not be affected thereby; provided, however, that the transactions contemplated in this Agreement may still be fully completed and implemented.

Force majeure

The performance of the services by LIXIA TECHNOLOGIES under this Agreement might be suspended for periods of delay resulting from a Force Majeure which, for purposes of this Agreement, shall refer to events beyond the control of and affecting LIXIA TECHNOLOGIES that are unforeseeable or if foreseeable cannot either be prevented or avoided by the exercise of reasonable diligence, without any accompanying fault or negligence of LIXIA TECHNOLOGIES, which prevents or materially affects the ability of LIXIA TECHNOLOGIES to comply with any of its obligations under this Agreement, including revolution, rebellion, insurrection, state of intervention, act of war (declared or undeclared), hostiles, riot or civil commotion, earthquake, adverse weather conditions, flood, fire or other natural physical disaster, general shortages, or unavailability of coal or fuel, energy, transport, strikes or other labour-related disturbance, litigation or threatened litigation adversely affecting or with the potential to adversely affect the subject matter and objectives of this Agreement, and delays caused by government action or inaction, complying with regulatory or bureaucratic procedures or the introduction or threatened introduction of new laws or regulations adversely affecting or with the potential to adversely affect the subject matter and objectives of this Agreement.

Insolvency

In case of LIXIA TECHNOLOGIES insolvency at any point we will export the customer website in backup file which can be transferred to the host of their choice.

Dispute resolution

The parties will, in good faith, attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by negotiation. Either party may initiate negotiations by providing written notice in letter-form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within five days with a statement of its position on, and recommended solution to, the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet at a mutually agreeable time and place within ten days of the date of the initial notice in order to exchange relevant information and perspectives, and attempt to resolve the dispute. If the dispute is not resolved by these negotiations, the matter shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.

If the dispute or difference is not settled within 30 days of the submission to mediation and provided such period is not extended by consent of the parties, it shall be and is hereby submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitration.

Notwithstanding the existence of a dispute or difference each party shall continue to perform the Agreement.

This clause shall survive termination of this Agreement.

Jurisdiction

This contract shall be governed by the laws of the State of New South Wales, Australia. The parties submit all disputes arising between them to the courts in the State of New South Wales and any court competent to hear appeals from those courts of first instance.