Services Terms & Conditions

Our Services Terms and Conditions are supplementary to our General Terms & Conditions and are incorporated by reference herein as applicable. You are also required to read and agree to our General Terms & Conditions in addition to any Service Terms.

1. Website Development Services

You agree that in the provision of web development services by us we may utilise the services of third party contractors located in Australia only, and that we may pass on to such contractors any information or materials, including development brief and content, provided to us by you.

You are responsible for keeping a copy of any existing Web Site which we may replace pursuant to the provision of web development services including all databases and hosted files. Net Solutions can provide an archival solution for the existing website at our standard commercial rates.

1.1 The Theme

A theme is a collection of files that work together to produce a graphical interface with an underlying unifying design for a Website. The theme governs the way the site is displayed on various devices, such as Desktop PC's, Notebooks, Tablets, Phablets and Phones. The design of the theme therefore is one of the biggest decisions you will need to make when building a new website.

The Scope of Works will specify whether your site will be be built with a custom designed theme, or a pre-designed theme

1.1.1 Custom Designed Theme

If you specified a custom designed theme adds an extra layer in the development process and requires a mix of resources including graphic designers, project managers and software developers and the lead time needs to be significantly increased based on your scope. Net Solutions will drive the process and co-ordinate the resources required during the project design phase.

A specification needs to developed using Wireframes for every type of page required. This includes is not limited to, homepage, contact page, services page, testimonials page, blog pages or portfolios etc. Each page also needs to separate Wireframe specification for each terminal device such as desktop PC’s, notebooks, tablets, phablets and phones. For 5 pages, you will typically require a specification containing 25 Wireframes. The scope will determine the number of pages and templates to produce the Wireframe specification and a functional requirement. Once these have been produced, the design will shift into the development stage

.

1.1.2 Pre-Designed Theme

If the scope specifies a Pre-Designed theme there will be no need the design component. A choice of a pre-designed theme will be selected and used to develop the site.

A link to a functional demo of three (3) pre-designed responsive themes will be sent to the client. Client is to select one of the three (3) themes to be used for their site. If none of the three themes are deemed suitable then a list of themes will be provided for the client to choose from.

It is the clients responsibility to decide on the choice of theme. The choice of theme will also govern the visual look, features and configurable options available. Not all themes have the same level of options and features. The client understands that the choice of theme may be limited to:

  1. Features and Functions
  2. Changes to fonts and installation of custom fonts
  3. Changes to colours of fonts, sections and/or areas
  4. Placement of Widgets
  5. Header layout and placement
  6. Footer layout and placement
  7. Logo Placement and size
  8. Responsiveness and layout on different devices

1.2 Supply of Materials

  1. You must supply all materials and information required before project commencement in order for us to complete the work in accordance with any agreed specification dates. Such materials may include, but are not limited to, written copy, images, photographs, logos and other printed material. Materials must be delivered electronically via services such as FTP, DropBox, GDrive or OneDrive
  2. Unless otherwise agreed, the materials need to be supplied in full prior to the commencement of work. Receiving partial data, or in bits and pieces is acceptable but commencement of work can only start once ALL applicable data is received.
  3. Should there be a delay in supplying these materials to us it will lead to a delay in the completion of work. When there is a delay we reserve the right to extend any previously agreed deadlines. If your data is not supplied within one (1) month of project commencement, Net Solutions reserves the right to place your project on administrative hold. If data is supplied within two (2) months of invoice, the project will be cancelled and subject to cancellation fees.
  4. Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

1.2.1 Supply of Copy

  1. Where the Client has agreed to supply the Copy it must be supplied in a complete form without the need of further editing, changes and additions.
  2. Minor changes will be accepted on a case-by-case basis however major changes will be treated as a variation and change to project scope.
  3. We will not be responsible for the content and you must satisfy yourselves that the website will comply with all applicable laws, and codes of practice governing the use of websites and related services. This includes the intellectual property and copyright ownership of all material that you have provided to us.

1.2.2 Supply of Images

Where the Client has agreed to supply images and image editing is out of scope, they must:

  1. Be supplied in a complete form with the agreed resolution. If they do not meet the minimum standards, it will impact on the quality of the images on the site and in some cases may be unusable
  2. Where possible images should be supplied in the following order of preference - PNG, GIF and JPG
  3. Images will be used "as-is" without the need of further editing, cropping or alterations.
  4. Minor changes will be accepted on a case-by-case basis however non minor changes will be treated as a variation and a change to project scope.

Where the Client has agreed to supply images and image editing is in scope, they must:

  1. Be supplied in a equal of higher resolution than required. If they do not meet the minimum standards, it will impact on the quality of the images on the site and in some cases may be unusable
  2. Where possible images should be supplied in the following order of preference - PNG, GIF and JPG
  3. Images will be edited and cropped to the required format and resolution.

1.3 Variations and change of scope

Once a project has commenced, we work within the defined scope and assumptions. We can tolerate a minimal number changes and variations in cases where there is minimal impact on the budget, however more significant changes and variations cannot be absorbed within the existing budget. What may seem a small cosmetic change can easily translate to a significant number of engineering hours and impact on the timeline.

Any deviation away from the agreed scope will need to be assessed on a case by case basis for any impact on the project scope and deadlines, and if required will be deemed as a variation and billed on a time and materials basis.

In cases where Net Solutions is supplying the materials, we are pleased to offer you the opportunity to make a reasonable amount of revisions to the design and development. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.

1.4 Acceptance

You must provide complete feedback within 7 calendar days during development process and production review. If no feedback is provided within this time, Net Solutions reserves the right to move forward with the project, assuming no changes have been requested and that work is accepted in its current form. Any changes requested past this time are subject to our standard rates of $132/hour or part thereof.

If you are unhappy with your site design or development, you may request additional layout concepts, at a cost of $132 per layout, with full payment required upfront.

1.5 Delays

You may request an Administrative Hold of your project for up to 3 months at a cost of $132. We will stop working on the project until you advise us that you are ready to move forward. If the project is placed on hold for more than 3 months, we may terminate the project and all monies paid by you to us will be forfeited, with no refunds available.

1.6 Training

If training was not in scope but is is required once the website is complete this is charged at $154/hour for phone/skype training or $244/hour for face to face training in the Net Solutions offices. Off site training may be provided upon request and an agreed fee.

1.7 Refunds

There are no refunds or credits available to template based design services. Any template based design service sold as part of a package deal is not transferable or redeemable for cash or other services. It cannot be provided on an alternate domain name.

1.8 Service

  1. The Service includes the building and producing a website according to your requirements
  2. Specifications of your Website will be determined by your the Service Description or Statement of Works. It includes but is not limited to the following:
    1. development based on pre-designed or custom designed templates (which may incur additional recurring lisensing or support fees from theme owners)
    2. creating a logo, or editing any logo provided by you
    3. adding copy provided by you, or writing unique copy based on inputs from you;
    4. changing the design and layout or functionality of any page or the theme (i.e. colour and fonts) based on your review;
    5. editing the search engine optimisation meta-data used to optimise the Website for search engines;
    6. integrating any supported social media and video assets you request; and
    7. set up of e-commerce features and functionality including payemnt and shipping gateways.
  3. Optional plugins to add further components or functionality to your Website may be required (which may incur additional recurring fees)
  4. Should your Service Description include payment gateway system, you agree and acknowledge that:
    1. it is your responsibility to select, set up and manage a Gateway which is compatible with our platforms;
    2. any fees or obligations concerning the Gateway is solely your responsibility; and
    3. we will not be responsible for any delays or impacts to the Service caused by the Gateway.
  5. If you have any objections or resistance to proceeding with the build and customisation of the Website, or to the publication of the approved Website, you must notify us via email and specify the reasons for your objections or resistance (such to be reasonable, and genuine issues raised in good faith). We will investigate those reasons, and attempt to resolve your issues and concerns. If a resolution is unable to be agreed within seven (7) calendar days from the day on which we became aware of your objections, then either party may cancel the Service.
  6. Completion of the build and customisation of the Website in a timely manner depends upon your responsiveness to any of our requests, and where applicable, provision of timely and complete feedback or approvals. We are not responsible for any delays in provisioning the Service which occur as a result of your failure to respond as requested or required.

1.9 Handover

Net Solutions will provide you with an opportunity to review the completed Website on our development server. If the Website is approved, or we receive no response from you within five (5) business days of our request, it will be deemed as completed and handed over once final invoice has been paid.

Once a site has been handed over, you acknowledge that CMS applications (such as WordPress, Joomla or Drupal), require ongoing maintenance and updates to keep the site secure, bug free and operational. You agree that it requires pro-active monitoring software updates and/or patches to secure the applications from hackers and malicious scripts. For WordPress sites, Net Solutions provides a fully managed pro-active maintenance service, and an on-demand support service for an additional fee. While your site will be tested to conform to the latest versions of Chrome, Firefox, Microsoft Edge, we cannot warrant WordPress, third party plugins or themes to be working error free on any one specific browser.

Net Solutions will review and repair any pre-existing code errors and/or bugs in the website if developed by Net Solutions and reported within 30 days of handover. Any cosmetic changes or alterations, or code errors reported outside of this time period will be subject to additional charges at our standard commercial rates of $132 per hour or part thereof.

Depending on the scope the handover may be delivered in two forms:

1.9.1 Archived

Archived handovers are delivered as an archive in .zip format of the completed site once final invoice has been paid. For the site to go live it requires hosting and installation which is the responsibility of the client. Unless otherwise stated the minimum hosting requirements are PHP 7.0 or greater, MySQL 5.6 or greater, and minimum 4096MB RAM in most cases

1.9.2 Published

Published handovers are delivered by migrating your finished developed site to a live production site once final invoice has been paid. If the production site is hosted by Net Solutions the installation and migration is provided free of charge. If the production site is not hosted by Net Solutions the installation and migration can be provided as an additional billable service subject to the hosting.

1.10 Intellectual Property

  1. You are solely responsible for ensuring that you have all appropriate rights and licenses to the Content supplied and utilised in the Website. All Content must be submitted electronically, should be copies and not originals, and should be of a high quality standard. Should any files be too large for electronic delivery, you must make arrangements for these to be delivered to us. We reserve the right, in our sole discretion, to refuse to use any Content we believe is objectionable or may infringe upon the intellectual property rights of others, or would be in breach of our Acceptable Use Policy. Unless we have otherwise expressly agreed, we will not return any Content to you, and you are responsible for maintaining back-up copies of all submitted Content. Under no circumstances will we be responsible or liable for any loss of, or damage to, any of your Content.
  2. Net Solutions claims no ownership over your Content. You expressly grant us, and our supplier, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free licence to cache the entirety of the Website (including your Content). You agree that any such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
  3. Additionally, you grant us, and our supplier, a worldwide, perpetual, royalty-free, and sub-licensable license to:
    1. use in connection with producing the Website and delivering the Service, any Content and any pictures, images and voice recordings of the Client's facilities, properties or products or its employees, agents or clients where created by us (or our supplier)(if any) in the course of provisioning the Service (for clarity, also "Content"); and
    2. create, publish and use screenshots or depictions of your Website (including any Content) for our marketing activities (for example, creating marketing materials that show screenshots of the Service in which the Website (including any Content) is featured). You may withdraw consent to this use by notifying us in writing at support@netsolutions.net.au and we will take reasonable steps to process your removal request.
  4. You represent and warrant that:
    1. you have full rights to use, broadcast and distribute the Content and documentary substantiation for all the claims made therein;
    2. Content is truthful and not misrepresenting or misleading and does not plagiarise, libel, defame or harm any party;
    3. your use of the Service will not invade the rights of privacy of any third party or otherwise infringe upon or violate the rights or property interests of any third party; and
    4. you will not use the Service except as permitted by these Service Terms.
  5. You agree you are responsible for obtaining any agreements and/or consents required of any third parties in connection with the grant of any licences to us (or our supplier) under this Service Terms.
  6. Any Websites delivered by us under the Service are without any representation or warranty as to your ability to obtain trademark, copyright, or similar protections in any jurisdiction throughout the world. We expressly disclaim (i) all liability to you or any third party for any infringement of intellectual property or proprietary rights; and (ii) that we will be responsible for, or provide any advice or guidance in respect of, any potential intellectual property rights issues which may arise from your use of the Service (including without limitation the use of Content in your Website).
  7. We are not responsible for any Content contained in your Website, nor are we responsible for your use of the Website. You are solely responsible for ensuring your Website complies will all applicable laws and regulations, and does not infringe any third party's rights, at all times.
  8. Your access to, and continued use of, the Website is contingent upon, and at all times subject to, payment of the monthly fees for the Service. Except as otherwise expressly stated in these Service Terms, no other rights, titles or interests in the Website are granted to you.

1.11 Indemnity

  1. You agree to indemnify and hold harmless Net Solutions, and its supplier, and their affiliates and their respective officers, agents, partners, directors, shareholders, suppliers, and employees from and against any loss, damages, liabilities, claims, demands, suits, expenses, including reasonable attorneys' fees, which any such party may incur arising out of or relating to:
    1. content or your modification, display and use of the Website;
    2. claims that your products or services are defective, injurious or harmful or violate the rights of any third parties;
    3. claims relating to any Gateway; and
    4. claims predicated on a breach by you of these Service Terms or the Contract.

1.12 Definitions

Content means any text, logos, pictures, artwork, customer data and other materials as supplied to us in relation to the service

Customer Data means all information regarding you (including without limitation any listing details, trade name, trade address, phone number, website address, contact information (including telephone, email or other), primary email address(es), contact name etc.) supplied to us by you in relation to the service.

Staging Site A temporary URL provided by Net Solutions while we build your site to be removed once your site goes 'live'

Staging Server The server that will host the Staging Site

Production Site The permanent URL that will host your 'live' website

Production Server The server that will host the Production site

2. WordPress Maintenance and Support

2.1 Service Description

The WordPress Maintenance service is a pro-active service that is designed to work on the Net Solutions hosting platform. It is not available on any other providers hosting platform. All software updates are scheduled and performed proactively and periodically according the the Plan. It is not provided as an on-demand or on-call service to perform maintenance. It includes the following activities:

  1. Secure backup of website and database
  2. Security scans and monitoring
  3. Malware monitoring and removal
  4. Software updates and patches
  5. Remote surveillance and up-time monitoring
  6. Performance Monitoring

2.1.1 WordPress Maintenance Only

The WordPress Maintenance Only service does not include WordPress Support as part of the service. WordPress Support is provided as a separate billable service. Requests for support can be raised via our Client Area or Email. Support includes but is not limited to fixing broken functions and features, operations and administration support, content creation ans editing, website changes, plugin configuration support or theme customisation

2.1.2 WordPress Maintenance and Support

The WordPress Maintenance and Support service includes a limited amount of Support as part of the service. Additional support outside the included hours will be billed as a separate billable service. Requests for support can be raised via our Client Area or Email. Support includes but is not limited to fixing broken functions and features, operations and administration support, content creation ans editing, website changes, plugin configuration support or theme customisation

2.2 Restrictions

The WordPress Maintenance service is intended for single use only with the following conditions.

  1. You can only sign up for a single installation of WordPress or one website inside a WordPress Multisite installation, per service.
  2. You cannot change your Website name once you have signed up for WordPress Management. You may however cancel your service subscription anytime and rejoin with a new website
  3. You may not re-sell or re-brand our services as your own

2.3 WordPress Plugins and Themes

2.3.1 Free Plugins and Themes

Where a package includes updates to Free (Standard) Plugins and Themes, Net Solutions will update Plugins and Themes as they become available via the official WordPress.org repository. Plugins will only be updated according to the release schedule of the plugin author and periodically according to the Plan.

2.3.2 Premium Plugins and Themes

Where a package includes updates to Premium Plugins and Themes (anything that requires a license to update), Net Solutions will only update Plugins and Themes that are automated withing WordPress and have a valid and active license. Premium Plugins and Themes that don't have automated updates may be manually updated providing that the license for the Plugin or Theme is managed and supplied by Net Solutions.

Our fees for purchasing support and licenses on your behalf are billed separatelly and are based on the Annual Plugin or Theme cost, plus currency conversion (if applicable), plus a handling fee of 30%.

2.3.3 Child Themes

Themes will only be updated if your site makes use of a child theme and updates will only be applied according to the release schedule provided by the theme author.

2.3.4 Plugin or Theme Defects

If your Plugin or Theme contains errors, is defective, is no longer supported or has reached end-of-life, your site may be compromised, vulnerable or contain errors, and may be taken down. In such a case Net Solutions will usually provide advise on the best solution going forward.

We cannot warrant or be held responsible for any cause and effect or data loss that may occur as a result of the use of, installing or updating and Plugin or Theme.

2.4 Secure Access

Net Solutions will require Administrator access to your WordPress site to fulfil the service. We will need to install additional management plugins and create one Administrator Level Account. If you or another authorised third party or administrator removes access or degrades this account, or removes our management plugins, the service status will be set to “Suspended”. Net Solutions will notify the Client’s billing contact via email and the service will remain in “Suspended” status until the client advises Net Solutions to re-activate the service. While the status of the service is “Suspended”, the client acknowledges that the WordPress Management service will be inactive and your site will be at risk. Should the site be compromised while in “Suspended” status any requests by the Client to repair and remedy the site is subject to a re-activation fee of $66.

If your site has Administrators other than Net Solutions and their activities cause operational issues with your site, any remedial actions required by Net Solutions to restore your site will be billable at the normal rate.

3. WordPress Support

3.1 Service Description

All WordPress support services are billed on a time and materials basis at $132/hour unless otherwise set out in the Scope of Work or agreed in writing.

3.2 Additional Fees

Also included will be any related expenses such as travel, accommodation, printing, couriers, teleconferences and other costs related to delivery of the Project. In consideration of the Client paying the Fee, the engineer agrees to perform the Services as soon as practicable after receipt of: i) a written or verbal request to commence; ii) provision of all required information outlined in the Scope of Work.

4. Business Hosting

4.1 Acceptable Usage

You and your end users must abide by the terms of our Acceptable Use Policy. This includes the prevention of spam, fraud, breach of intellectual property rights, privacy breaches and other illegal activities.

Running standalone services is not permitted. These include automated server-side processes including, but not limited to;

  1. Running any bit torrent application, tracker or client;
  2. Participating in file sharing or other peer to peer sharing activity;
  3. Executing any script for longer than 180 seconds;
  4. Executing any database query that takes longer than 30 seconds to complete;
  5. Specifying cron tasks that execute more frequently than every 300 seconds.

4.2 Resource Usage

All hosting plans are subject to general resource and usage monitoring. Any action or process that consumes resources beyond a reasonable level and thus degrading the shared environment for other users is expressly prohibited.

The hosting service plans disk space pertains only to files required for the normal operation of your website, and which are linked to in that website. Our cPanel hosting plans are expressly prohibited from use as an online file repository.

Any site that uses greater than 89,000 inodes (every file on your hosting account uses 1 inode), or that create file system damage by the rapid creation of large volumes of files, will be subject to review and possible suspension.

4.3 cPanel Hosting Service Addons

All cPanel hosting services have a number of supplementary services called Addons. Addons are billed separate to your cPanel Hosting Service and can be purchased at the time of ordering your cPanel Hosting service, or part way through. Addons cannot be purchased and delivered in retrospect. i.e You cannot purchase Automated Remote Offsite Backups part way through and expect to have backups prior to the date they were ordered.

4.4 Backups & Restores

The Customer will be solely responsible to perform or to arrange any backups necessary to protect the Customer from data loss. In some cases Net Solutions can perform an account restore from a system backup. The client may request and account restore by raising a service request via our client area, and If an account restore is possible it will be performed and billed at $88 per instance

If the client has purchased the Automated Remote Offsite Backups Addon, the client may request an account to be restored from our backup systems by raising a service request via the Client Area. Three (3) restores per year are provided free of charge, and subsequent restores are billed at $66.

4.5 Service Cancellation

Once a service has been cancelled all data for that service will be deleted from our production systems. If a cancellation was made in error the service may be able to be restored by Net Solutions staff for an additional fee of $196 payable in advance.

4.6 Additional Fees

You agree to accept additional charges for the transit of IP traffic above and beyond the amount specified as a limit in any Service plan. All excess data will be charged at the rate of 5.5c/MB to the nearest whole MB. These charges will fall due at the completion of the calendar month on normal trading terms of 14 days from invoice. Net Solutions will provide an online interface allowing authorised users to monitor website data traffic.

5. VPS Hosting

Net Solutions supplies VPSs as a managed service supporting the latest stable versions of CentOS™, Debian™ and Ubuntu™ Linux operating systems. As a managed service we maintain the Network, Hardware and Operating System.

Application support is provided as a separate option and not included as part of VPS Hosting. We have very strong expertise in configuring and installing Apache, Nginx, PHP, CGI, Javascript, MySQL, PostgreSQL, Postfix, Exim, Dovecot, Courier, Amavis, Spamassassin, Clamd, Bind, DNSMasq, FTP, Samba, NFS, IPTables.

5.1 Acceptable Use

You and your end users must abide by the terms of our Acceptable Use Policy. We reserve the right to suspend your service if you breach our Acceptable Use Policy and to terminate your service in the event of 3 suspensions of the service as a result of your failure to resolve issues that we have brought to your attention.

The following activities are expressly prohibited:

  1. Running any bit torrent application, tracker or client;
  2. Participating in file sharing or other peer to peer sharing activity
  3. Hosting or illegal or malicious activities

5.2 IP Address Allocation

We may designate for your use on a temporary basis IP addresses from the address space allocated to us by APNIC. You accept that the IP addresses are our sole property and are not portable if and when your service is terminated. We reserve the right to change IP addresses allocated to you at any time but will use reasonable commercial efforts to minimise any inconvenience to you.

5.3 Backups

Backups are provided as an Addon option. Net Solutions recommends that clients backup their VPS data to remote storage servers or their personal computers. Clients are responsible for their own data and Net Solutions shall not be responsible for data loss.

Where backups are purchased as an Addon option, a fee of $132 will be applied per restore, during Business Hours, and $264 will be outside Business Hours. To arrange a Restore, the Customer must raise a service request via the Client Area.

5.4 Additional Fees

You agree to accept additional charges for the transit of IP traffic above and beyond the amount specified as a limit in any Service plan. All excess data will be charged at the rate of 5.5c/MB to the nearest whole MB. These charges will fall due at the completion of the calendar month on normal trading terms of 14 days from invoice. Net Solutions will provide an online interface allowing authorised users to monitor website data traffic.

5.5 Service Levels

Net Solutions warrants that your uptime availability will be at least 99.9% except where failure results from:

  1. Failure or malfunction in relation to any device or equipment, any software or power supply outside our control, unless caused by our wrongful act or omission;
  2. scheduled maintenance completed within the notified maintenance window;
  3. a requirement, direction or any other order issued by an authority with jurisdiction over the service;
  4. unauthorised or illegal access by any third party to the systems used to provide the services including hacking, cracking, virus dissemination and denial of service attacks.

The uptime service level is not met if:

  1. Router packet loss is in excess of 50% and is sustained for 120 seconds or more;
  2. Latency across the our network exceeds 400 milliseconds, for longer than 300 seconds.

As your sole remedy for failure to meet the uptime service level, we will credit your account with a percentage of the monthly service fees as set out below:

Outage (in hours) Service Credit (percentage of monthly fees)
3 10%
6 20%
12 40%
18 60%
>24 80%

Processing of your claim will only occur upon the formal request from the customer via a service request in our Client Area. This request will only be accepted if it is made within the same calendar month as the relevant incident. At your request, Net Solutions will investigate any report of downtime, and attempt to remedy any downtime expeditiously. If Net Solutions reasonably determines that all facilities, systems and equipment are functioning properly, and that downtime arose from some other cause, we can continue to investigate the downtime at your request and expense.

9. Content Management

9.1 Our Content Management service is an on-demand service.  We make changes, additions and deletions to your Websites content as an editorial service. It does not include engineering services such as fixing broken plugins, installing plugins and providing advice.

9.2 All requests must be submitted electronically as a service request via our client portal or email. All content must be supplied digitally and electronically. Text must be supplied in “clear text” format and the quality of images and logos supplied must be of a high quality (PNG,GIF,BMP,TIF format) so as to maintain the minimum quality requirements of the images on the website.

9.3 Prepaid plans use a pre-purchased number of hours. We track our time for each request in 15 minute increments and deduct the time used from the remainder of the pre-paid hours. Work is performed during business hours with a typical turnaround time of 48hours for single page requests.

9.4 Postpaid plans are billed based on time and materials at a rate of $110/hour. We track our time in 30 minute increments and submit an invoice upon completion of request. Work is performed during business hours with a typical turnaround time of 72hours for single page requests.

9.5 We are not responsible for the content you provide us, and upon publication you must satisfy yourselves that the website will comply with all applicable laws, and codes of practice governing the use of  websites and related services. This includes the intellectual property and copyright ownership of all material that you have provided to us. Net Solutions is similarly not responsible for your subsequent use of the site and your compliance of various commonwealth and state legislation. You are responsible for the digital rights to any image that you supply to us.

9.6 Net Solutions conforms to W3C Web Standards where possible. but will not liable for any compliance issues, accessibility issues, privacy issues, and is not responsible for the up-keep of in-house knowledge of web standards due to the evolutionary nature of web standards development. Furthermore, if situations arise whereby the customer requests a function that contradicts or compromises current web standards, or in cases where it is necessary to include non-conforming technologies to complete a project to the client’s request, Net Solutions will not be liable from any issues regarding web standards or accessibility laws and guidelines.

9.7 For us to fulfill any content changes you must provide Net Solutions full access to all the systems to perform the work. In cases where the Website is not hosted with Net Solutions we need the necessary login credentials to perform the work. Any additional time spent organising access and getting passwords etc, will be deducted from the total time.

9.8 If your request includes the supply of stock images or media, the cost of purchasing such images or media will be billed separate.

12. SEO Search Engine Optimization

12.1 Online search engines (particularly Google) have proprietary algorithms, software and techniques which influence how web pages rank for any given search. These algorithms periodically change, which results in changes in SERPs as a consequence. Net Solutions will monitor these changes in order to protect your website's rankings. This means that although we can promise to deliver our best efforts to maximize your site's rankings and minimize the possibility of your site being penalized by a search engine, we cannot guarantee consistent top page rankings or traffic levels due to the changeable nature of search engines' algorithms which are beyond our control.

12.2 It is not possible to influence Google or any other search engine in regards to the timing of rankings. It can take as long as 20 weeks in some cases for changes to take full effect. While your site will most likely rank on other search engine platforms during the normal course of our work, Net Solutions primarily focuses on optimization for Google and Bing.

12.3 Net Solutions emphasizes that there is no guarantee of our techniques' success. We offer no concrete assurance that any specific rank will be attained. It is also impossible to guarantee the level of increased traffic that will ensue from our services. Online marketing is unpredictable and Net Solutions cannot in any way promise specific SERP placement.

12.4 In cases where Net Solutions does not manage the hosting, website or coding we may suggest improvements for your considerations to forward to your developer.

12.5 Net Solutions may suggest possible phrase(s) and/or keyword(s); however the client is responsible for the selection of pre-agreed phrase(s) and keyword(s), and the use of these phrase(s) and keyword(s) will not hold us to warranty whatsoever.

12.6 If any part of this agreement is held to be invalid, that will in no way affect, nullify or impair any other section of these provisions.

6. JAMF MailGuard Hosting

7. Consulting and Advice

7.1 All consulting and advice services are billed on a time and materials basis at the Consulting and Advice rate of $154/hour unless otherwise set out in the Scope of Work or agreed in writing. 7.2 Also included will be any related expenses such as travel, accommodation, printing, couriers, teleconferences and other costs related to delivery of the Project. In consideration of the Client paying the Fee, the Consultant agrees to perform the Services as soon as practicable after receipt of: i) a written or verbal request to commence; ii) provision of all required information outlined in the Scope of Work.

8. Website Assessment

10. Software Development

10.1 All software development services are billed on a time and materials at $132/hour unless otherwise set out in the Scope of Work or agreed in writing. 10.2 Also included will be any related expenses such as travel, accommodation, printing, couriers, teleconferences and other costs related to delivery of the Project. In consideration of the Client paying the Fee, the developer agrees to perform the Services as soon as practicable after receipt of: i) a written or verbal request to commence; ii) provision of all required information outlined in the Scope of Work.

11. Copywriting

13. SEO Assessment

14. Domain Name Registration

Net Solutions is not a domain name registrar, however, we are an authorised reseller of domain services by a number of Australian and International domain name registrars. Our registrar of choice is Synergy Wholesale, however, depending on the domain extension required, we may use a different registrar at our discretion.

Likewise, for better and more effective management of your domain/s, and only in some cases, Net Solutions reserves the right to approve the transfer of domains between registrars on your behalf, in order to ensure the best possible service delivery. This may only occur if the domain name is already under Net Solutions's management and/or you have already supplied the domain's EPP Key.

14.1 .au Domain Name Registration Agreements

auDA is the .au Domain Administratior. The .au domain is the country-code top-level domain for Australia. It is a not-for-profit organisation, whose membership is open to organisations or individuals who have an interest in Australian domain name matters.

auDA defines all the applicable terms and conditions governing all domain name registrations, pre-registrations and renewals

.au Domain Name Transfers

Under regulations governing the au domain space, all transfers of .au domains are free, with the proviso that at least 90 days of active registration remain prior to transfer completion.

In the event that a domain is transferred to Digital Hybrid's management with less than 90 days of active registration remaining, a renewal invoice will be generated for our standard .au domain renewal fee. This renewal fee must be paid in full according to our standard payment terms, otherwise we may request that our registrar cancel the domain name's registration, in order to recover any fees paid by Digital Hybrid related to the transfer, on behalf of the registrant.

14.2 ICANN Requirements

Under new ICANN rules, if you have purchased a Top-Level Domain (TLD), eg, .com, .net, .org or similar, it is now an ICANN requirement that your contact information is validated. These new rules do not relate to .au domains.

Shortly, an email will be sent to you which includes a validation link. You have fifteen (15) days to respond to this validation email, or your domain name will be suspended.

You can read more by visiting ICANN's website.

14.3 Rules of registration

  1. A registration or reservation of a domain name does not grant any legal rights of ownership of the relevant domain name, nor does it confer immunity from objection to the registration or use of the domain name.
  2. We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you, even if we have accepted your payment for registration. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
  3. Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.
  4. We accept no responsibility in respect of the use of a domain name by you. Any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
  5. You agree that should this Registration Agreement be terminated by any party, or if the domain name expired or transferred to another registrar, any other services that may be associated with the domain name will remain active. The customer of these other services will continue to be billed in accordance with the relevant terms and conditions.
  6. Manually assisted domain transfers from other providers to Net Solutions incur a $44.00 AUD administration charge invoiced to the gaining account. This charge is not applicable for domains transferring for the purpose of ordering other Net Solutions services.

14.4 TLD Specific Terms

The following provision apply to this Registration Agreement depending on the TLD space of the domain name.

  1. .com.au and .net.au domains can only be registered by an Australian registered company, or business with a registered business number (ABN, BRN, BN). You will need to supply this number during the order process. The domain name you order will need to be an exact match, acronym or abbreviation of the supplied business registration, or it should bear a close and substantial connection to the domain name. Domains can be two to 63 letters in length. Words can be separated by hyphens but not spaces.
  2. .org.au and .asn.au can only be registered by a "non-commercial organisation". The domain name you register needs to have a solid relationship to the organisation to which it represents.
  3. .id.au is intended for individuals who reside in Australia. It can be an exact match, abbreviation or acronym of registrant's personal name or otherwise closely connected to the registrant.
  4. .com and .net domain names are not restricted and can be registered by anyone.
  5. .biz, .org and .info domain names are not restricted and can be registered by anyone.
  6. New gTLD domain names include a number of generic spaces (.photography, .technology, .club etc.) and certain geographical names (.kiwi, .melbourne etc.). Eligibility restrictions may apply to each space — please check on our website and the New gTLD Domain Registration Agreement for further information. View the New gTLD Domain Registration Agreement
  7. .nz domains are intended for people in, or with ties to, New Zealand. Anyone can register them - there are no restrictions on .nz domain names.
  8. .uk domains are intended for people in, or with ties to, the United Kingdom. Anyone can register them - there are no restrictions on .uk domain names.
  9. .mobi domains are intended for websites designed for a mobile device. Anyone can register them – there are no restrictions on .mobi domain names.
  10. .cn domains can no longer be registered in Australia. This information is for reference purposes only.

15. SSL Certificates

15.1 Domain Specific SSL Keys require a stand-alone IP Address to which the SSL key can be attached.

15.2 Net Solutions provisions digital certificates via the Certification Authority, Geotrust. If you are purchasing or renewing a digital certificate or seal, you agree you accept the relevant terms and conditions of GeoTrust which is located at http://www.geotrust.com/resources/repository/legal/.