1.1 This agreement represents the order for all services and development costs.

1.2 The Client shall pay for all Solutions, Services and any other costs specified in this Agreement and in the attached Proposal. The Client agrees to pay a non-refundable deposit of fifty (50%) percent upon approving by email or signing the order form and fifty (50%) at launch of site.

1.3 Web Fundamentals Pty Ltd will invoice the Client for hosting fees as agreed in this agreement and attached proposal.

1.4 Any additions, changes, upgrades or enhancements outside the specifications of this Agreement and attached Proposal are exclusive of this agreement and subject to further charges. The Client agrees to sign a new agreement and Web Fundamentals Pty Ltd reserves the right to apply new fees.

1.5 The Client shall be invoiced on a monthly or annual basis for Consultancy, Maintenance Services, Subscription Fees or Leasing Payments as outlined under these terms and conditions. The Client agrees to make payment upon receiving an invoice and understands that services may be suspended or terminated upon non-payment.

2.0 Internet Solution Development, Consulting Services and Maintenance

2.1 Website production timelines may vary due to many dependencies including but not exclusive to, delay of client input and approvals at each stage of the development process. Client changes during the development process will also delay timelines and will be subject to additional charges not outlined herein this agreement. Web Fundamentals Pty Ltd reserves the right to restrict all changes to the Proposal until after this agreement and the attached proposal have been fulfilled in order to deliver the Solution to the Client in a timely manner.

2.2 In no event shall Web Fundamentals Pty Ltd or its agents, be liable to the Client for any damages, whether direct, indirect, consequential, exemplary, punitive or otherwise, arising out of any service provided or arranged by Web Fundamentals Pty Ltd. Web Fundamentals Pty Ltd shall not be liable for any error, omission, defect or deficiency in any service or solution, which may result from, but not exclusive to, the Client’s failure to provide complete, accurate and current information.

2.3 With the exception of trademarked, copyrighted or other proprietary information regarding pictures, images or logos that directly identify the Client, the Client grants to Web Fundamentals Pty Ltd an indefinite, irrevocable, royalty-free, unrestricted right to use, transfer, modify and maintain content prepared by Web Fundamentals Pty Ltd on the Client’s website while Hosted with Web Fundamentals Pty Ltd.

2.4 The Client agrees to be solely responsible for the content of its website and accuracy of all information provided.

2.5 The Client agrees that Web Fundamentals Pty Ltd has fulfilled the Internet Solution outlined in the Proposal upon Final Client Sign Off.

3.0 Website Content

3.1 The client shall supply Web Fundamentals Pty Ltd content to be inserted into the website no later than 2 weeks after signing of this agreement. Content includes all text, pictures, music files etc. If content is not delivered within specified time, then Web Fundamentals Pty Ltd will deliver to the client a completed website without content and full payment terms apply.

3.2 If additional preparation such as manipulation, scanning and touch-ups, is required, then there will be an additional fee of $75 per hour excluding GST. This will be invoiced separately and upon completion of work.

4.0 Hosting

4.1 Under no circumstances shall Web Fundamentals Pty Ltd or its agents be liable to the Client for any network interruptions beyond Web Fundamentals Pty Ltd control, including without limitation, any downtime regarding computer servers or interruption of Internet Service Providers.

4.2 Web Fundamentals Pty Ltd will provide reasonable levels of hosting resources, including disk storage and bandwidth to the Client. In the event that Web Fundamentals Pty Ltd deems that resource utilisation by the Client is in excess of what Web Fundamentals Pty Ltd deems reasonable, Web Fundamentals Pty Ltd reserves the right to terminate the hosting services component of this agreement or levy such additional hosting fees, as it deems appropriate upon providing the Client with 30 days written notice.

4.3 The Client agrees to provide Web Fundamentals Pty Ltd 30 (thirty) day written notice to terminate Hosting or ASP Services.

4.4 The Client agrees that Web Fundamentals Pty Ltd reserves the right to terminate Hosting and or ASP Services without advance notice if the Client’s web solution is detrimental to the Hosting environment including acts of Spam or if the web solution negatively affects server performance or other web solutions on the Hosting environment.