SilverAsh - Small Business Website Solutions, Adelaide, South Australia, Australia

Standard Terms and Conditions

These terms are applicable for all commissions. Additional terms relating to hosting can be found here.

All services provided by Silverash to the Customer are subject to the following terms and conditions;

1. Acceptance. A copy of these terms and conditions must be signed by all new customers at the time of submission of work to Silverash, indicating agreement to and acceptance of these Terms and Conditions. Alternatively, payment of an advance fee or payment online is an acceptance of our terms and conditions, a copy of which is available via our website.

2. Charges and Payment. Charges for services to be provided by Silverash are defined in the project quotation that the Customer receives via e-mail. Quotations are valid for a period of 30 days. Silverash reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

All Web site design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Customer for review. The remaining fifty (50) percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. Charges for web design work does not cover the release of source png or fla files; if the Customer requires these items then a separate quotation can be prepared.

Payment for services is due by credit card, cheque or bank transfer. Cheques should be made payable to Silverash and sent to 20 Davidson Court, Pooraka SA 5095.

3. Customer Review. Silverash will provide the Customer with an opportunity to review the appearance and content of the Web site during the design and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Customer notifies Silverash otherwise within ten (10) days of the date the materials are made available to the Customer.

4. Turnaround Time and Content Control. Silverash will install and publicly post or supply the Customer's Web site by the date specified in the project proposal, or if no such date is specified, within four weeks of the date initial payment is received from the Customer, unless a delay is specifically requested by the Customer and agreed by Silverash.

In return, the Customer agrees to delegate a single individual as 'first-point-of-call' to aid Silverash with progressing the commission in a satisfactory and expedient manner.

During the project, Silverash will require the Customer to provide copy and images. If content is not provided within four (4) weeks of an official request by email then Silverash reserves the right to advise the Customer of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If content is not provided within eight (8) weeks from the original email request then the Customer is considered to be in default of the commission, the project will be terminated and the Customer sent the final invoice for immediate payment. Silverash will agree, at its discretion, to recommence the commission after agreement is reached on a new quotation document and once the original fees have been payed.

5. Payment. Invoices will be provided by Silverash upon completion of the work for Web Design and any associated services. Invoices are normally sent via email; however, the Customer may elect to receive hard copy invoices. Invoice payment is due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or AU$60.00 per month of the total amount due.

6. Default. Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on Silverash's Web space, Silverash will, at its discretion, remove all such material from its web space. Silverash is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer's account. Cheques returned for insufficient funds will be assessed a return charge of AU$60.00 and the Customer's account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay Silverash reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Silverash in enforcing these Terms and Conditions.

7. Termination. Termination of services by the Customer must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

8. Legal Restrictions. Terms and Conditions relating to hosting account content and usage may be found here.

9. Copyright. The Customer retains the copyright to data, files and graphic logos provided by the Customer, and grants Silverash the rights to publish and use such material. The Customer must obtain permission and rights to use any information or files that are copyrighted by a third party. The Customer is further responsible for granting Silverash permission and rights for use of the same and agrees to indemnify and hold harmless Silverash from any and all claims resulting from the Customer's negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Customer to Silverash that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

10. Standard Media Delivery. Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer in electronic format (eg - ASCII text files delivered on floppy disk, USB or via e-mail or FTP or any other method) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Silverash to return to the Customer any images or printed material provided for use in creation of the Customer's Web site, such return cannot be guaranteed.

11. Design Credit. A link to Silverash will appear in either small type or by a small graphic at the bottom of the Customer's Web site. If a graphic is used, it will be designed to fit in with the overall site design.

12. Access Requirements. If the Customer's Web site is to be installed on a third-party server that is not initially selected by Silverash, Silverash must be granted temporary read/write access to the Customer's storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server. Silverash does not take any responsibility for any problems that may occur due to the use of a third party server or host that is chosen by the client.

13. Post-Placement Alterations. Silverash cannot accept responsibility for any alterations caused by a third party occurring to the Customer's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions by the Customer or another person.

14. Domain Names. Silverash may purchase domain names on behalf of the Customer. Payment and renewal of those domain names is the responsibility of the Customer. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Silverash. The Customer should keep a record of the due dates for payment to ensure that payment is received in good time.

15. General. These Terms and Conditions supersede all previous representations, understandings or agreements. The Customer's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

16. Governing Law. This Agreement shall be governed by Australian Law.