The following terms and conditions govern the provision by rubiweb of the services and/or products described on this page and defined in any of rubiweb’s quotes, to the customer ("Client") identified in such quotes.

If you are using or have used our service it is understood that you have agreed to the terms set forth on this page. Customer hereby agrees to the following:

Services

1. rubiweb will undertake the service in accordance with the approved quote and using due skill, care and diligence.

2. The service provided by rubiweb to the Client finishes once all the deliverables included in the final quote accepted by rubiweb and the Client are completed.

3. Any questions or comments regarding the services can be directed to through the Email Contact to rubiweb.

Information And Materials

4. The Client agrees to provide in a timely manner that will not interference or delay the services complete and accurate information and materials required by rubiweb to complete the services.

5. The Client agrees to provide the information and materials in an editable and suitable format as requested by rubiweb.

6. The Client is responsible to provide information and materials that do not in any form infringe intellectual property rights, copyrights of others or other applicable Australian or international laws. Client is solely responsible if infringement of intellectual property rights, copyrights or other applicable Australian or international laws occurs by the use of the information provided by the Client.

Payment

7. When the total of the work quoted is higher than $500 AUD the Client will pay a 50% deposit to rubiweb upon acceptance of the quote and prior to commencement of the services. When the quoted job is under $500 AUD a 100% payment will be required before the commencement of any work by rubiweb, unless otherwise agreed in written by rubiweb.

8. The final 50% due plus any other agreed costs incurred and agreed by the provision of additional quotes will be paid in full and without set off, deduction, counterclaim or withholding within 7 days of activation of the website and delivery of the user name and passwords to access and control the content management system of the Client’s website.

9. If the Client fails to pay any amount due under the agreement in full by the due date:

• Client will pay interest at the rate of 1.5% per month on all overdue amounts, including unpaid interest, accruing daily until the amount is paid in full; and
• rubiweb reserves the right to remove all files, settings and components installed and created by rubiweb from the Client’s website until payment is made in full on all due amounts and interest.

Liability

10. On the date after activation of the webpage and delivery of the user name and passwords to access and control the content management system of the Client’s website, the Client releases rubiweb (including rubiweb’s employees, agents, servants and sub-consultants) from all liability and responsibilities. For the purposes of this clause, we contract on rubiweb’s own behalf and also on behalf of each of our employees, agents, servants and sub-consultants.

11. rubiweb is not responsible for the delivery or payment of any hosting services. The Client agrees that rubiweb is not liable in any form for damages, issues, loss of data or time outage caused by the hosting services of the website.

12. rubiweb is not responsible to monitor, review, or police the data and content included in the Client’s website. The Client is solely liable for the data and content included in the Client’s website and for the actions of the Client. The Client releases rubiweb of any liability arising directly or indirectly from the data and content included in the Client’s website and for the actions of the Client.

13. The Client agrees that rubiweb is not responsible of any obligation to any party that is not the Client as specified in the approved quote.

Ending The Agreement

14. rubiweb reserves the right to end the services agreed with the Client at any time. If the services are ended by rubiweb, an invoice will be sent to the Client for the services undertaken to the date the services are ended. All relevant clauses included in these terms and conditions are still applicable, in specific Clause 9.

15. Request of cancellation of the services may be provided to rubiweb by the Client after payment of the deposit. The Client may be eligible for a refund up to 70% of the deposit if no work has commenced on the agreed services by rubiweb. Once rubiweb has commenced work on the agreed services, the Client may be eligible to partial refunds at rubiweb’s discretion. All relevant clauses included in these terms and conditions are still applicable, in specific Clause 9.

16. Notices requesting cancellation of the services must be provided to rubiweb in writing and giving at least 7 days of notice.

General

17. If there is any inconsistency between these terms and conditions and any other document or agreement between the parties, these terms and conditions will prevail.

18. If any of these terms and conditions would be invalid, unenforceable or void, the relevant term must be read down to the maximum extent possible to prevent that occurring and all the remaining terms of this agreement shall not be affected and are still applicable.

19. The Client will indemnify and hold harmless rubiweb (including rubiweb’s employees, agents, servants and sub-consultants) against any claim by, or liability to, a third party arising from, in respect of or in connection with the services and all expenses rubiweb incurs defending or settling such claim or liability (including attorney’s fees).

20. Neither party may assign or transfer the agreement or any right or obligation under the agreement without the other party’s written consent.

21. The Client agrees that rubiweb can publish articles, photographs and other illustrations relating to the services and the project, unless the Client informs rubiweb in writing otherwise within 10 days of the quote approval by the client and rubiweb.

22. The Client agrees that rubiweb can publish a discrete backlink to rubiweb's home page at the bottom of the Client's website template, unless the Client informs rubiweb in writing otherwise within 10 days of the quote approval by the client and rubiweb.

 

© This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from rubiweb.