Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Effective Websites LLC cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Effective Websites LLC. The customer can however request a full copy of the website at any time to be transferred to a new host, at which point they take ownership of the site.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Effective Websites LLC remain the copyright of Effective Websites LLC and may only be commercially reproduced or resold with the permission of Effective Websites LLC.
Effective Websites LLC 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 Effective Websites LLC.
The client agrees to make available as soon as is reasonably possible to Effective Websites LLC all materials required to complete the site to the agreed standard and within the set deadline.
Effective Websites LLC will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Effective Websites LLC will not be liable or become involved in any disputes between the site owner and their customers and cannot be held responsible for any wrongdoing on the part of a site owner.
Effective Websites LLC 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.
Effective Websites LLC 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 is required with any project before any website build work will be carried out. The deposit will be determined according to the size of the project.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms.
The customer has the right to cancel the service at any time. Prior to launching, the customer can request a full refund of the website build fee. No refunds are available for additional marketing services, additional hourly services, writing services or consulting provided. No refunds are available for the ongoing maintenance and service fee. For high risk accounts (new businesses or those with less than $20,000 in annual revenue) the first $750 of the deposit is non-refundable.
TourismTiger also reserves the right to cancel the service of a client, for any reason, without notice.
Database, Application and E-Commerce Development
Effective Websites LLC 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 site developed by Effective Websites LLC before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Effective Websites LLC will endeavor to correct these issues to meet the standards of function outlined in the brief.
Website Hosting & Maintenance
We offer limited hosting services contracted with a supplier.
Data Transfer Limits
Our monthly data transfer limit is 40GB per month.
Your monthly payment includes:
1. Hosting of the website with up to 40GB in included monthly bandwidth. Our service does not include video hosting. All videos will need to be embedded from other websites.
2. Ongoing WordPress maintenance. We regularly undertake maintenance of the core WordPress installation and any additional plugins.
3. WordPress plugin license fees. Effective Websites LLC makes regular use of premium WordPress plugins for which we pay licensing fees.
4. Ongoing Content Edits. Through our nominated project management system, the client may submit additional changes to the content on their website. Any additional changes which involve a) changes to the Template or b) Addition of plugins are completely subject to our discretion.
5. One additional page per month. After the first month of having paid the monthly fee, the client may submit additonal content through our nominated project management system to create one additional page per month to their site. Any pages requested in addition to this are subject to payment. The client may add one new page without additional cost in any given month – there is no rollover provision.
6. Access to future updates to the TourismTiger template system.
7. Ongoing assistance with use of our system.
Hosting Payment Policy & Billing Procedures
All accounts are set up on a pre-pay basis. We accept payments via Credit Card and PayPal. Setup fees are charged for all new accounts. All pricing is guaranteed for the term of pre-payment. Effective Websites LLC reserves the right to change prices at any time to advertised prices and will provide at least 30 days written notice. Payment is due each anniversary month or period following the date the account was established. If 10 days have passed and payment has not been posted, the account will be suspended until further notice. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Effective Websites LLC to request termination of services.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Effective Websites LLC policy that any outstanding accounts for work carried out by Effective Websites LLC or its affiliates are required to be paid in full, upon receipt unless by prior arrangement with Effective Websites LLC.
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 telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Effective Websites LLC have not been contacted regarding the delay, access to the related website may be denied and web pages removed.
Passing of Rights
Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, any applicable agreement, terms or licence.
No such rights as described in above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data or information.
The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.
Unless you have a specific written agreement, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, cgi applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software, and our products and results of our services remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree to not do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership.
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party. We reserve the right to use the website built in our portfolio and marketing materials as an example of the services we provide.
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, additional stock photographs above the inclusion of 20, fonts, domain name registration, or comparable expenses.
Anyone who experiences a problem with their web service provided by Effective Websites LLC should raise the matter directly via email, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
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 Effective Websites LLC, 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.