Terms for Website Design

1. This service agreement commences from the date the Foundation Payment is received.
2. This agreement explains the extent, standards and conditions for the provision of web design and creation services:  including research, planning, design, construction, testing and related services.
3. You accept legal responsibility for the use of the web site and any associated accounts coming into being as a part of or result of this agreement, and that your authorised representative is at least 18 years of age or (if younger, you/he/she have parent's or legal guardian's permission before using our services).
4. The web site must not be used for unlawful purposes. Any use of these services which violates any local, state, federal or international laws applicable to Faith Computing Pty Ltd, your jurisdiction, or any jurisdiction that your site is subject to is strictly prohibited.
5. This contract may not be assigned or transferred by either party without prior written consent of the other party.

1. In this Agreement, unless the contrary intention appears: a) Clause headings are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer; b) Words in the singular number include the plural and vice versa; and c) Where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.

1. None of your intellectual property rights are assigned to Faith Computing Pty Ltd via the use of a service provided by Faith Computing Pty Ltd unless otherwise specifically contracted.
2. Your site will become your exclusive property after final payment is made, as defined in this agreement.  Until this final payment is received by Faith Computing, all images, intellectual contributions to design as well as web site controls will remain the property of Faith Computing. Faith Computing commits as part of this agreement to transfer ownership of all site controls and content to the Client when payment is made.
3. Neither the agency nor Faith Computing Pty Ltd will breach each others nor any third party’s intellectual property or legal judgments. Consent may be given in writing to negate this requirement.  If any party fears this may be at risk of occurrence, or has occurred, that party will notify the other party (or parties).
4. The Service Provider will provide the Services requested in accordance with the terms and conditions specified herein throughout the term of this Agreement.
5. Any services in addition to the services outlined here will be provided by the Service Provider under a separate agreement.

1. None of the intellectual property rights of Faith Computing Pty Ltd are assigned to You via your use of a service provided by us, unless otherwise specifically contracted.
2. As Client you play a significant part in the processes involved in the fulfilment of this agreement. You acknowledge that you need to be reasonably available to Faith Computing Pty Ltd personnel or its agents, so that clarifying questions can be asked as required.
3. We reserve the right to take action, including legal or suspension of or termination of a service, against a customer who interferes with the rights of another Faith Computing Client online, or attempts to interfere with the smooth running of the internet or Faith Computing Pty Ltd services.
4. You are responsible for any and all copyright breaches or other legal infringements that arise from the inclusion of content, graphics, images or any representation made on your site. All such matters are the sole responsibility of the Client. Faith Computing Pty Ltd is acting in good faith under direction of the client in regards to these matters, and the Client indemnifies Faith Computing Pty Ltd from any claims arising from the provision of services.
5. You are responsible for any communication error or misuse conducted by you or any person with access to these processes, your account or website. You are responsible for such misuse regardless of whether it was with or without your consent. You must therefore ensure others do not have unauthorised access to these processes, your account or website.
6. If auto-debit arrangements are made, Faith Computing Pty Ltd will automatically bill your nominated credit card or PayPal account. You acknowledge that if you wish to change your nominated means of payment, it is your responsibility to request cancellation of your service at least seven days before payment is due to be made.
7. You understand that you must maintain your own copy of any content published and that Faith Computing Pty Ltd should never be used as any "master" or primary or critical copy of any content.
8. You understand that no intellectual property rights are assigned to you in the use of a service provided by Faith Computing Pty Ltd unless otherwise specifically contracted.
9. Faith Computing Pty Ltd may, at it's sole discretion, suspend any agreement that exceeds the limits explained in this agreement.
10. Faith Computing Pty Ltd may, at it's sole discretion, choose to refund payments made in an agreement. Where this occurs, only one refund is available per customer. Any refunds given will exclude domain registration, fees or charges incurred for work to date and third party payments to which Faith Computing has become obliged through commencement of this agreement.
11. All Faith Computing Pty Ltd hosting accounts require a separate agreement between you and Faith Computing Pty Ltd.

Continued Support of Faith Computing for the Client

1. Faith Computing Pty Ltd retains ownership of the site designed , at it's sole discretion, suspend any account that exceeds the limits explained in this agreement.
2. (Repeated from above as this is a mutual responsibility) Neither the agency nor Faith Computing Pty Ltd will breach each others nor any third party’s intellectual property or legal judgments. Consent may be given in writing to negate this requirement.  If any party fears this may be at risk of occurrence, or has occurred, that party will notify the other party (or parties).
3. If you are aware of any violations of the terms and agreements, please report them to: accounts@faithcomputing.com.au

1. This Services Agreement shall be subject to the laws of New South Wales, Australia.

1. This Services Agreement commences on the Commencement Date and, subject to this Services Agreement, continues until the services undertaken by Faith Computing Pty Ltd are fulfilled, and the client has made final complete payment for the services provided, unless a mutually agreed cessation is otherwise agreed upon, in writing, by the parties.

1. You agree that use of our services is at your own risk. The services are provided by Faith Computing Pty Ltd on an "AS IS" and "AS AVAILABLE" basis. Faith Computing Pty Ltd expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. No advice or information, whether oral or written, obtained by you from Faith Computing Pty Ltd, its employees or associates or through their respective websites shall create any warranty not expressly stated in these terms and conditions.
3. You agree to jointly and severally indemnify, defend and hold Faith Computing Pty Ltd and of its employees or representative agents harmless from and against all liability, loss, damage, or expense, including attorney’s fees which may be incurred or sustained by reason of the failure of you (the Client) to fully perform and comply with the terms and obligations of this Agreement.
4. The aggregate liability of either Party for all Causes of Action (including aggregate causes) is limited to the values of fees paid for the relevant period or event while this Services Agreement remains in place.
5. This limitation does not apply in relation to liability for personal injury, including sickness and death; loss of, or damage to, tangible property; or an indemnity provided under this Services Agreement.
6. In no event shall a Party that incurs liability for a Cause of Action be liable for any indirect or consequential loss or damage or loss of revenue, profits, goodwill, bargain or opportunities or loss or corruption of data or loss of anticipated savings incurred or suffered by the other Party whether caused by negligence or otherwise or whether or not the first Party was or should have been aware of the possibility of such loss or damage.
7. In this agreement, Cause of Action means a breach of this Services Agreement or any other common law or equitable statutory cause of action arising out of the operation of this Services Agreement.
8. This clause survives the expiry or termination of this Services Agreement.

Confidential Information and Non-Disclosure

1. We acknowledge that during the course of our service provision to you pursuant to this agreement, it will become necessary or desirable for you to disclose to us a substantial amount of your Proprietary Information. We commit to the maintenance of this information in strict confidence. This information will be regarded by as confidential.
2. You acknowledge that during the term of this agreement you may be exposed to Proprietary Information of Faith Computing Pty Ltd. You also commit to the maintenance of this information in strict confidence. This information will be regarded by as confidential.
3. You agree that use of our services is at your own risk. The services are provided by Faith Computing Pty Ltd on an "AS IS" and "AS AVAILABLE" basis. Faith Computing Pty Ltd expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
4. You acknowledge that if you cease hosting with us, we reserve the right to remove selected back end coding from your site as proprietary intellectual property provided while using our service. Such removal will not harm the aesthetic state or content of the site, however the Client acknowledges that removal of this proprietary technologies may (and very likely will) reduce page rankings and overall web presence. The code technologies are provided as a service while with Faith Computing Pty Ltd, and the Client acknowledges this.
5. The Client acknowledges that this agreement does not obligate Faith Computing Pty Ltd to provide to the Client information regarding its intellectual property or technologies.

1. It is understood that all support agents who we supply to provide services and duties on our behalf are commissioned by you. None of these support agents will in any event be construed as or hold themselves to be employees of you. It is further agreed that at no time will the support agents or the work efforts of the support agents be under the supervision or control of you. We agree to comply with all reasonable requests and regulations applicable to any of your business invitees.
2. It is also agreed that we are not restricted to working exclusively for you during the term of the agreement.

1. The failure of either party to enforce this Services Agreement shall in no way be interpreted as a waiver of its respective rights under the Services Agreement.

1. This agreement contains the entire contract between the parties, and any representations that may have been made before the signing of this contract are nonbonding, void, and of no effect. Neither party has relied on such prior representations in entering into this Agreement.

1. A notice or other communication is properly given or served if the party delivers it by hand, posts it or transmits it by electronic mail or facsimile, to the address of the relevant officer, marked to their attention, as set out in the Client’s stored account details.
2. Each party shall advise the other of any change in the contact details, address or the identity of the relevant officer.
3. A notice or other communication is deemed to be received if:
4. Sent by post, at the time it would have been delivered in the ordinary course of the post to the address to which it was sent; or
5. Sent by facsimile, at the time which the facsimile machine to which it has been sent records that the communication has been transmitted satisfactorily (or, if such time is outside normal business hours, at the time of resumption of normal business hours);
6. Sent by electronic mail, only in the event that the other party acknowledges receipt by any means;
7. Sent by any other electronic means, only in the event that the other party acknowledges receipt by any means; or
8. Delivered by hand, the party who sent the notice holds a receipt for the notice signed by a person employed at the physical address for service.

1. Faith Computing Pty Ltd reserves the right to refuse or discontinue service to anyone at our sole discretion without notice. Your access to all or part of our services may be denied without notice if we believe any of the terms and conditions have been violated.
2. This Services Agreement may be terminated during the term of the Agreement by either party upon giving 14 days notice of the termination to the other.
3. If this Services Agreement expires or is terminated, the accrued rights of the parties and any contract created under this Services Agreement remain unaffected except to the extent that the parties expressly agree otherwise.

1. This agreement is executed by the parties on the day the Client makes payment for, or commences use of our services.
2. This agreement and referenced schedules and attachments constitute the entire contract of the parties hereto and supersedes any prior agreement between the parties.