3Bellas Web Design, ABN 82, 473 779 874, is owned and registered by Jacqueline James, PO Box 67 Hopetoun VIC 3396
The Terms and Conditions set out below constitute the agreement between the client (You) and 3Bellas covering our range of services:
- Wed design
- Web redesign
- Web rebuild
- Web care
3Bellas Web Design at all times will comply with Australian Consumer Law for Business services and you can read more here about your rights and obligations as a consumer on the ACCC website.
- We guarantee that will provide the required services with the utmost due care and to the best of our ability and knowledge.
- We guarantee that we will deliver you a new, rebuilt, redesigned website fit for the specified service.
- We guarantee that you will never be delivered a website that does not meet your requirements.
- We guarantee that we will deliver your new, rebuilt or redesigned website within a reasonable timeframe of 4 to 6 weeks. Provided we have all the changes, content, images and finalised plans from you to do so. We cannot be responsible for delays with receiving content, images, design changes/layouts from you the client which will inevitably push out any agreed timeline.
3Bellas accepts liability for the supply of the service to You to the extent of what is provided in this agreement.
3Bellas does not warrant the following:
- That the services provided in this agreement will error-free.
- That external hacking attempts, viruses, worms, malware, SPAM, trojans or other attacks may occur.
- No written or oral information or advice is given by 3Bellas, or subcontractors to You shall in itself create a warranty other than what is written in these Terms & Conditions.
- 3Bellas Web Design is not liable to you for any loss of business, contracts, online sales, profits, or any indirect economic loss whatsoever.
- If we have not built your website but taken over from a previous business that built and/or maintained your website, we are unable to provide any warranty with work they have previously undertaken.
For a new website, rebuild or redesign services the following will apply:
- A deposit of 50% of the total agreed price to be paid on receipt of the invoice prior to any work commencing.
- The second payment for 25% of the total fee will be required on delivery of the draft site to specifications and will be due and payable 7 days from date of invoice.
- The final payment of 25% of the total fee will be required to be paid prior to the delivery of the final agreed site.
Website Maintenance (Web Care)
- All web care packages are paid in advance.
- If commenced part way through a month the first payment is pro-rated to the end of the month and all invoices are due and payable within 7 days of the date of invoice.
- The month runs from the 1st to the 30th or 31st (and 29th February in leap years).
Should you decide that you would like to cancel your web care package you can do this at any time with 7 days written notification. Maintenance will continue until the end of the month while we prepare everything for handing back to you.
- No refunds will be given if you change your mind about continuing with 3Bellas regardless of where you are up to in the payment structure of your rebuild or redesign.
- Should you decide that you want to put your rebuild, redesign or new website on hold, it will remain in abeyance until such time as you continue to finalise payments and work can recommence.
- 3Bellas may from time to time at our discretion consider a partial refund for non-profit or charitable institutions.
- Once the following has been successfully provided by one of our suppliers we are unable to offer a refund on:
- Domain names
- Web hosting
- SSL certificates
- Software licenses and plugin purchases
- Custom Programming and web-related services
We may from time to time need to share your details with third-party applications needed to help in the successful delivery of your project. Such information may be shared as your name, business name, and or email address.
Use of Identity
You agree to allow 3Bellas to the use of your business name, logo for inclusion on our portfolio for the purpose of identifying you as a client. Or where a testimonial has been received personally or via Social Media or any public domain, we can include that in our testimonials on our website. We may also from time to time share your testimonial on our social media platforms. Facebook, Instagram or Linkedin.
You have the right to withdraw this permission
Once your final payment is received in relation to web design, redesign and/or rebuilds, full ownership of the website, management (if no web care package has been selected) transfers to you.
You retain full ownership from conception to finalisation of any content, images, materials including any documents you provide.
You will take all reasonable steps to ensure that You have provided on your website all relevant warnings if any or all of your content is not suitable for children or for any person under the age of 18 and that your content is relevant for the purpose it is intended and that You comply with all applicable laws and relevant industry policies.
Your material/content may or may not be limited to:
- PDF files
Your content must not be unlawful in any way or infringe on any third party rights. That any images you provide for your web project you have the right to do so.
You allow 3Bellas the right to resize any graphics as we see fit to ensure they fit and look good on your project.
Should you organise web hosting via 3Bellas (who use an Australian Company using Australian servers) you will pay an annual subscription fee. Should you for whatever reason not continue to pay your yearly renewals your website will be closed until such time as you continue your hosting or move to another web host.
You are solely responsible for all the user content, media, graphics, events. You are solely responsible for complying with all legal obligations as to the use of your eCommerce website. You also acknowledge that you own all content and are not in breach of copyright or IP infringement laws.
That you are also responsible for all taxes and fees relevant in conducting your online business.That you are responsible for and bear all costs related to delivering your end product and that you adhere to relevant industry standards for the delivery of your product.
Depending on the nature of your redesign, rebuild or new website, You may need to purchase plugins or extras that are required to meet certain functionality of your website. These will where possible be included in your plan or at the very least discussed with your before purchase. These products may have a monthly subscription or annual subscription. Failure to continue to pay for any premium products used in the redesign, rebuild or creation of your new website will see aspects of your website fail.
- 3Bellas is not responsible for any ongoing payments or subscriptions for your website made to your suppliers.
- 3Bellas will do their utmost to recommend that your website has the required security to protect your data and IP.
- 3Bellas will take all reasonable care to protect your data, content, materials and files supplied by you to be uploaded to your website. We are not responsible for keeping back-ups or storing your data, content, or files supplied by you to upload to your website.
You will have unlimited email access to 3Bellas and our responses to your emails will be in accordance with our office hours. You can book a call here or and we can arrange a Zoom call to discuss certain aspects of your project.
You can expect a response to your email within 24 hours.
If we contact you requesting information, content, images, material. We would expect to hear back from you via email within 48 hours. We understand that sometimes you may not have what we are looking for, but acknowledge that you have at the very least received our email is expected.
Communications received outside of our office hours will be responded to on the next business day.
- Monday to Friday 9 – 5 pm
- We are closed on all Australian National and Victorian Public holidays.
3Bellas cannot guarantee the service or reliability of any of the third-party applications that are used in the development or ongoing subscription of your web build.
3Bellas cannot guarantee the reliability of your internet service, computers used or data breaches resulting from the use of malware, viruses, hacking or other illegal mining of information.
Breach of Copyright & Intellectual Property
3Bellas does not in any way condone any breach of copyright or breach of intellectual property if what you provide is not yours or you do not have permission to use it don’t. You are responsible for obeying all laws governing copyright and IP. 3Bellas reserves the right to ask you about any content or images you submit for your website build.
Either party has the right to terminate any project or web care package at any time by providing 7 days written notification of termination. Acceptable written communication in this instance is via email or via our contact page. Should 3Bellas wish to terminate your project we will contact you in writing via email to your nominated email account.
Complaint Handling & Resolution
3Bellas will do their utmost to ensure any complaints are acknowledged and handled with empathy, and we will work with you to reach a suitable conclusion.
Should you have a complaint about 3Bellas please email us here.
General Advice Warning
The information provided on this website is of a general nature only and has been prepared without taking into account your objectives, financial situation or needs. Before acting on the general information provided on this website, please consider the appropriateness of the information provided by having regard to your own objectives, financial situation and needs.