Terms & Conditions

1 Website Stuff

This stuff is really important.

1.1 Copyright

Get Started agrees that the copyright for any graphic design work that it produces for The Client will automatically belong to The Client as soon as the project is complete. This means that The Client owns the design, it is unique and cannot be copied by anyone (including Get Started!) The programming in the website is different. Because Get Started has pre-programmed modules that will be used in this project and others, Get Started must retain the copyright for the programming code. However, Get Started does agree to provide to The Client a licence for the use of all material necessary to the website for which Get Started owns copyright. This licence is perpetual but limited to use for the particular project only and cannot be retained if the website is redeveloped or substantially changed. The project may also require software or programming from 3rd parties, which Get Started are licenced to use on the project but not able to transfer a licence to The Client.

Finally, if advanced functions, components, databases or content management systems are used in the project that are installed on the hosting server and shared by multiple websites, Get Started does not agree - and is not able - to transfer copyright or provide a licence for their use outside the original hosting server.

1.2 Correspondence

The Client agrees to opt-in to receive reasonable emails or other correspondence from Get Started. The Client can choose to unsubscribe from such correspondence by writing to Get Started or following unsubscribe functions in emails.

1.3 Timeline

Any timelines provided are not binding and must be read as a guideline only. Any dates we commit to during a project should also be taken only as a guide. We will endeavour to do our best to reach these dates but many things are out of our control so we can thus not guarantee any deadline.

1.4 Testing

For website projects, Get Started will ensure The Client's website functions as specified in Internet Explorer 6+ and Firefox 1.0+ on the Windows XP platform. Any additional testing and remediation will require additional fees unless otherwise stated in the website proposal.

1.5 Search Engine Ranking

Due to the complexities of search engines Get Started cannot guarantee any performance level for our search engine optimisation services.

1.6 Hosting

We will endeavour to ensure your website is online 100% of the time. However, we cannot provide any guarantee on the uptime for your website. If you require a written guarantee please ask about our Service Level Agreement (SLA) Hosting Plans.

1.7 Credit

For website projects, a text link to Get Started will appear at the bottom of each page of the website. The Client agrees that their completed website and any associated statistics or metrics and logo may be used in Get Started’s portfolio in print or web format.

2 More Legal Stuff

Sorry, the lawyers said we needed to put these in too.

2.1 Fees & Payments

The Client must pay to Get Started: - All fees and payments outlined within 7 days of invoice
- The ongoing monthly, quarterly or annual fees within 7 days of invoice
- All other charges or fees in respect of bandwidth, Domain Name fees, Additional Services or any other item for which a fee is payable, within 7 days of invoice.

Get Started may vary the Services Fees upon no less than 30 days written notice to The Client (“Notice of Change”):
- In respect of hosting periods paid in advance, fee variations will apply from the next invoice.

All payments made to Get Started must be in Australian dollars and must be made by one of the methods outlined in the invoices provided by Get Started.

Additional fees may be payable in circumstances such as, but not limited to, the following:
- Extra design concepts or revisions. If The Client requests additional concepts or revisions beyond that which is outlined in the website proposal;
- Extra project management hours. If The Client requires additional project management and support hours beyond that which is outlined in the website proposal.

If The Client defaults in making payments under this agreement when due, then in addition to its other rights Get Started may in its absolute discretion:
- Suspend the provision of Services to The Client until such time as The Client has rectified the default and paid Get Started’s standard re-activation charge. Service Fees will continue to accrue during the period of suspension.

If a reasonable, good faith dispute by The Client arises in respect of an invoice, The Client must:
- Notify Get Started in writing of the nature of the dispute and the amount in dispute; - Pay the undisputed amount within the timeframe required by this agreement; - Co-operate with Get Started on a good faith basis to resolve the dispute at the lowest level possible within 14 days after the notification to Get Started,

Disputes must be notified within 14 days after receipt of the relevant Get Started invoice in default of which The Client will be deemed to have accepted the invoice as correct.

For billing calculations a megabyte is 1,000,000 bytes.

2.2 Taxes

Terms used in this clause have the same meanings as those used in the GST Act.

Get Started may adjust the Services Fees without prior notice to reflect the amount of any increase in GST that occurs after the commencement of this agreement.

If GST becomes payable on any supply made or provided under or in connection with this agreement, on which GST is not payable at the date of this agreement, The Client will pay to Get Started an additional amount equal to the value of the consideration for the supply multiplied by the prevailing GST rate. That additional amount shall be calculated without any deduction or set-off of any amount, and is payable by The Client at the same time as the consideration for that supply upon provision of a tax invoice by Get Started.

2.3 Maintenance & Backup

Get Started will use reasonable endeavours to perform all Scheduled Maintenance from time to time between the hours of 0100 and 0600 AEST.

Get Started will perform Unscheduled Maintenance as reasonably required from time to time.

Get Started gives no warranty that backups will be complete and/or accurate.

On termination or expiry of this agreement, any Data stored on Get Started backup media will “age” out over the period of the normal tape rotation. (It is not possible to selectively delete Data from the backup sets).

2.4 Get Started’s Warranties & Liabilities

Get Started warrants that:
- For website projects, the website we design and develop will be fit for the purpose outlined in the website proposal.

Get Started does not warrant that:
- The Services will be uninterrupted or error free;
- The Services will meet The Client’s requirements, other than as expressly set out in this agreement and the proposal, if provided; or
- The Services will be free from external intruders (hackers), unauthorised virus or worm dissemination, or other persons having access to the services or systems of Get Started without the consent of Get Started.

Get Started warrants that the following physical security will be provided:
- The data centres utilised by Get Started are secure areas and accessed only by authorised personnel and via authentication systems;
- All servers are housed in a lockable equipment rack;

Except as expressly provided by this agreement, Get Started makes no warranty to any person in relation to any goods or services provided under this agreement.

Get Started does not exclude or limit the application of any provision of any statute (including the Trade Practices Act 1974 (Cwth)) where to do so would contravene that or any other statute, or cause any part of this clause to be void.

Get Started excludes:
- From this agreement all conditions, warranties and terms implied by statute, general law, or custom, except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause to be void (“Non- excludable Condition”);
- All liability to The Client in contract for consequential, indirect or special damages arising out of or in connection with this agreement even if: (i) Get Started knew they were possible; or (ii) they were otherwise foreseeable, including without limitation lost profits and damage suffered as a result of claims by any third person;
- All liability to The Client in negligence for acts or omissions of Get Started, its employees, agents and contractors arising out of or in connection with this agreement; and
- All liability to The Client for costs, claims, loss or damage of any kind: (i) resulting from the wilful, fraudulent or negligent acts or omissions of The Client; (ii) arising from any information, The Client Data, or other material provided to Get Started by or on behalf of The Client.

2.5 Get Started’s Rights & Obligations

The Client acknowledges that Get Started may remove, amend or alter The Client Data without notice, upon:
- being made aware of a Court order, judgment, decree, determination or otherwise being made by a Court, tribunal or other competent body that The Client Data is or has been alleged to be illegal, offensive, objectionable, defamatory or in breach of a third party’s rights;
- receipt of notification of a claim by a third person that The Client Data is illegal, offensive, objectionable, defamatory or in breach of a third party’s rights;
- being directed to do so by the Australian Broadcasting Authority pursuant to a take-down notice in accordance with its obligations under the Broadcasting Services Act 1992 (as amended); or
- if required to do so by the terms of any applicable industry code of conduct from time to time (such as the Internet Industry Association Internet Industry Codes of Practice).
- Get Started will use reasonable efforts to consult with The Client before any action is taken pursuant to clauses 6.1; however, Get Started will not be liable to The Client for any consequences of its actions reasonably taken under this clause.

The above clause does not impose any obligation whatsoever on Get Started to monitor, review or edit The Client Data.

2.6 The Client’s Warranties

The Client makes the following warranties to Get Started in respect of its use of The Client Data:
- It holds, and will continue to hold, the Intellectual Property Rights in The Client Data or that it is, and will remain, otherwise entitled or licensed to use, publish and otherwise deal with The Client Data;
- The Client Data does not and will not constitute breach of copyright, passing off, defamation, breach of confidence, interference with privacy or any contravention of any other law or right whatsoever;
- Its use in connection with advertising does and will continue to materially comply with, all relevant laws and applicable codes of conduct;
- The Client is solely responsible for dealing with persons who supply, license and access The Client Data, and must not refer complaints or enquiries in relation to The Client Data to Get Started.

In retaining Get Started to provide services under this agreement, The Client warrants that it has not relied on and shall not rely on any representation made by Get Started that has not been stated expressly in this agreement or in any descriptions or illustrations or specifications contained in any catalogues or publicity material produced by Get Started.

The Client warrants that it will keep secure any Passwords used to access websites.

The Client shall be solely responsible for any insurances in respect of its property or other insurable interests it may have arising out of its use of the Services (including The Client Data).

The Client agrees not to hire, engage, solicit, employ or contract any of the employees or contractors of Get Started for a period of four (4) years from the date of any services being provided by Get Started to The Client.

2.7 Indemnity

The Client indemnifies Get Started for and against any loss, damage, costs, claims and expenses which Get Started may incur (including reimbursement for legal fees on an indemnity basis) from:

The existence and/or publication of The Client Data and any other content on or forming part of The Client’s website.

The publication or use of The Client Data by Get Started for the purposes of (a) providing the Services in accordance with this agreement; and (b) making it available to Internet users accessing The Client Data on The Client’s website;

Get Started making The Client Data available to (a) users of The Client’s current Password/s; and (b) unauthorised users who obtain The Client’s current Password/s where the Password/s have come into their possession as a result of The Client’s deliberate act or negligence, but excluding unauthorised users who access The Client’s web site by means of deliberate security breach including “hacking”, “cracking”, theft of passwords and passcodes.

Any of The Client’s warranties under this agreement being, or becoming false, misleading or deceptive;

Any loss, damage, injury, or claim by any user arising as a result of reliance on any fact, statement or opinion in The Client Data (whether negligent or otherwise);

Third party claims in defamation, for breach of intellectual property rights or breach of The Client’s obligations under the Privacy Act, arising out of The Client’s use of the Services,

Death and injury to any person or damage to property caused by The Client, its employees or contractors.

2.8 Termination

Either party may terminate this agreement immediately and without prejudice to any other rights either party may have under this agreement or at law if the other party:
- breaches any material provision of this agreement and does not remedy the breach within thirty (30) days of written notice to do so;
- breaches any material provision of this agreement which in Get Started’s reasonable opinion is not capable of remedy;
- ceases to carry on business;
- enters into any arrangement between itself and its creditors;
- ceases to pay its debts as they fall due; or
- has appointed a receiver, receiver and manager, trustee in bankruptcy, provisional liquidator, administrator, liquidator or other like person to part or all of its assets or business.

The Client may terminate this agreement without cause if it provides Get Started written notice accompanied by payment of an amount equal to the amount of Services Fees that would have been payable from the date of termination to the end of the Initial Term plus all other amounts then owing to Get Started, less any amount already paid in respect of that period.

On termination or expiry of this agreement for any reason:
- Get Started may delete all The Client Data from any Get Started storage media;
- Get Started may bill all amounts then due but unbilled;
- The Client will pay to Get Started all amounts owing for Services up to the date of termination, without deduction; and
- The parties will have no further rights or obligations under this agreement save for: (i) Rights and obligations arising in respect of matters occurring prior to termination; and (ii) Provisions of this agreement which by their nature survive termination or expiry.

2.9 Entire Understanding

This agreement contains the entire understanding and agreement between the parties as to the subject matter of this agreement.

No oral explanation or information provided by any party to another will affect the meaning or interpretation of this agreement or constitute any collateral agreement, warranty or understanding between any of the parties.

The Client warrants to Get Started that it has not relied upon or been induced to enter into this agreement by any statement made or conduct engaged in by Get Started its agents or employees that is not expressed in this agreement.

2.10 Miscellaneous

A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the Parties.

This agreement and the transactions contemplated by this agreement are governed by the law in force in Victoria and the Parties submit to the non-exclusive jurisdiction of the courts in Victoria.

Neither Get Started nor The Client may assign its rights and obligations under this agreement without the prior written consent of the other, such consent not to be unreasonably withheld or delayed.