Terms Of Service

Website Design & Hosting – Terms Of Service:

By placing an order with Fat Wombat Designs, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:
The Client: The company or individual requesting the services of Fat Wombat Designs.
Fat Wombat Designs: Primary designer/site owner & employees or affiliates.

General:
Fat Wombat Designs will carry out work only where an agreement is provided either by email, telephone or mail. Fat Wombat Designs will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Fat Wombat Designs and the client, this includes telephone and email agreements.

Website Design:
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Fat Wombat Designs cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

Communication:
Fat Wombat Designs can be reached via our online contact form or by telephone. The majority of designer/client communication is normally via email, assisting both parties to keep track of specific design requirements and required changes.

Miscellaneous:
The website, graphics and any programming code remain the property of Fat Wombat Designs until all outstanding accounts are paid in full.

Fat Wombat Designs cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the brief will be carried out at the discretion of Fat Wombat Designs and where no charge is made by Fat Wombat Designs for such additions, Fat Wombat Designs accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to Fat Wombat Designs all materials required to complete the site to the agreed standard and within the set deadline.

Fat Wombat Designs will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Fat Wombat Designs will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

Fat Wombat Designs will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Fat Wombat Designs will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

A deposit of $250 is required with any project before any design work will commence.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done.

Non payment will result in legal action being taken if necessary.

Database, Application and Development:

Fat Wombat Designs cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

The client is expected to test fully any application or programming relating to a site developed by Fat Wombat Designs before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Fat Wombat Designs will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Compatibility:
Fat Wombat Designs will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with web browsing software.
Fat Wombat Designs can offer no guarantees of correct function with all browser software.

Website Security:

We warrant that the software used to create the client website is stable & secure at the time of delivery. Post-delivery security maintenance of the website is the responsibility of the Client or their agent and not Fat Wombat Designs.

Website Hosting:
No guarantees can be made as to the availability or interruption of this service by Fat Wombat Designs and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Fat Wombat Designs reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.

Payment of Accounts:
A deposit is required from any new client before any work is carried out. It is the Fat Wombat Designs policy that any outstanding accounts for work carried out by Fat Wombat Designs or its affiliates are required to be paid in full, no later than 7 days from the date of the invoice unless by prior arrangement with Fat Wombat Designs.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and/or telephone to remind them of such payments if they are not received when due.

If accounts are not settled or Fat Wombat Designs have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to our Solicitors. Non payment can result in court judgements affecting the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary a court summons.

Complaints Procedure:

Informal procedure:
Anyone who experiences a problem with their web service provided by Fat Wombat Designs should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

Fat Wombat Designs will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure:
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Fat Wombat Designs, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

Duration Of Agreement & Cancellation Policy/Refunds:

The Initial Term shall begin upon the date that You receive Your account login information from Us. The term’s length is chosen by You and shall be indicated when You order Our Services. After the Initial Term, this Agreement shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party as provided herein.

This Agreement may be terminated by either party any time prior to the billing period ending cycle, or by Fat Wombat Hosting in the event of nonpayment or violation of terms of service by You at any time, without notice, if in Fat Wombat Hosting’s sole judgment You have in any way breached this Agreement (“Termination for Cause”).

Fat Wombat Hosting may also terminate this Agreement in its sole discretion at any time for any or no reason. (“Termination without Cause”). In such case, Fat Wombat Hosting will provide You with thirty (30) days written notice before the discontinuation of Services.

If Fat Wombat Hosting cancels this Agreement pursuant to any of the terms outlined in this Agreement, with the exception of Termination without Cause, Fat Wombat Hosting shall not refund to You any fees paid or prepaid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. In the event that Fat Wombat Hosting terminates the Agreement for cause all prepaid hosting fees will be forfeited and are not refundable.