Central Coast Ads / One Oak Media
Terms and Conditions
Domain Names
If the client has a pre-registered domain name, it is the client’s responsibility to ensure this remains up to date with their registry body. If Central Coast Ads / One Oak Media registers a domain name on behalf of a client, the ownership will be placed in the client’s name with their contact details, and renewal notices will be sent every 2 years by Central Coast Ads / One Oak Media to the client when their domain name renewal comes due.
New Website Design – The Proposed Website
The website design “look” and content will be based on the specifications and information supplied by the client. If the concept, design and layout of the web site is left to the artistic ability of Central Coast Ads / One Oak Media, and the client requires major modifications to the design after the draft web site has been completed, these modifications shall be charged at the standard hourly rate.
New Website Main Page Definition
The main page is defined as the opening page of the website, including standard navigation menus and the creation of the ‘look’ of the site, which is then utilised for the remaining website pages. Content is no more than more than 2 x A4 printed pages in length, consisting of up to 6 photos on the main body of the page, logo and text. If the client wishes additions to this, or wishes to add special features, and it has not been previously discussed and quoted on, these additions will be charged at the standard rate for those services.
New Website Web Page Definition
A web page is defined as no more than 2 x A4 printed pages in length, consisting of up to 6 photos on the main body of the page, and text. Variations of the standard page size and content will attract a higher charge. If the client wishes additions to this, or wishes to add special features, and it has not been previously discussed and quoted on, these additions will be charged at the standard rate for those services.
Graphic Design Of Website
The general look and design of the web site will be as per instructions and graphics supplied by client. If the design and graphics are to be modified, provided or created by Central Coast Ads / One Oak Media, and it has not been previously discussed and quoted on, then additional fees will apply.
Modifications To Information Provided
If modifications are required to the information supplied, including graphics, photos and text, the standard hourly rate will apply for the time taken to do so.
Location Maps
Google location maps are not a standard inclusion, and incur a fee if required and not originally quoted on.
Image Galleries
Image galleries are not included in the standard pricing for a web page, and are quoted on separately. Costs vary dependant on the style of gallery, amount of images, and time taken to modify images sizes to suit.
Text And Images Supplied By Central Coast Ads / One Oak Media
If we are required to research, supply or find text and images for the web site, the standard hourly charge will apply for the time taken to do so.
Menu System
The main page creation cost includes the creation of one standard menu system to navigate throughout the web site. Additional menus or non-standard menus are charged at the standard hourly rate to create.
Enquiry / Booking Form
Standard enquiry and booking forms have up to 15 basic fields for information. Larger or more specialised forms are not included in the standard form pricing, and is quoted on separately.
Search Engine Optimisation
The creation cost of the web site and pages does not include optimising them for, or submitting them to, the search engines. The optimisation service that improves your web site searchability in the search engines is a separate service, and this service is charged according to the content and size of the web site. If additional pages are added to the website at a future date, and these also require to be optimised, an additional fee will be charged.
Special Features / Widgets Or Plugins
If special features within the website are required, and were not previously discussed or quoted on, these will incur an additional charge.
Payment Schedule New Web Sites
A nonrefundable deposit of 50% of the approximate price of the total website cost is to be paid prior to commencement. Periodic payments of the balance may be required for sites where long term completion dates occur. The balance of the account is required within 7 days of the web site completion. Web sites will not be sent “live”, and uploaded to their domain name, until payment is received in full.
Web Site Creation
The draft website created by Central Coast Ads / One Oak Media will be uploaded to a temporary web site address to allow viewing for client approval. Final minor modifications can be advised at this point. These final minor modifications are at no cost to the client. If further modifications are required after this point, further information added, or more work is required by us, then these services will be charged at the standard rate. Modifications of the created web site due to the fact that the client has had a re think of the concept or design and layout as originally discussed, are charged at the standard hourly rate.
Discarded Concepts
Web pages and content created upon request by the client, and discarded after completion by the client, will still incur the original costs, as the work has been performed.
Content Accuracy
It is the client’s responsibility to ensure all information and details contained within the site are accurate. Central Coast Ads / One Oak Media are not to be held liable for any content inaccuracies or copyright issues relating to any information supplied by the client.
Web Site Hosting
Your website and email hosting incurs an annual hosting fee.
Web Site Maintenance Agreements
Maintenance agreement labour packages are available for all minor changes, modifications and updates to web sites. Maintenance agreements labour packages are purchased in hourly blocks, and are to be used within the 12 month website hosting period. Hours purchased, yet not used within the website hosting period, are forfeited and cannot be carried over to the following year(s). Minor modifications, changes and updates are classified as changes to existing content only, such as text and photo changes. This does not include the creation of new graphics (e.g. modifying logos or the general look of the website), new pages, or the complete reworking of existing pages. All work required that does not fall within the context of “minor modifications” is charged at the standard rate for that service. Modifications for web site content are to be in writing, either emailed or mailed.
Web Site Changes With No Maintenance Agreement
Any work required on a web site, that is not covered by a maintenance agreement, is charged at the rate applicable for that service.
Web Site Changes By Client
If a client wishes to make their own adjustments to their web site after completion and final payment, access can be provided to do so. It is essential that the client be fully conversant with the programs used for the website’s creation. Please note that Central Coast Ads / One Oak Media do not provide the FREE service of advice on how to make modifications to your website. If we are required to rectify problems that may have happened, or you require us to assist with your changes, then the standard technical hourly rate will apply.
Web Site Not Hosted By Central Coast Ads / One Oak Media
Central Coast Ads / One Oak Media will not create a web site, or work on a website, that is not hosted on our servers. This is due to the continual problems faced with the site mechanics of other hosting providers, and technical issues they may have.
Existing Domain Transfers
A fee may be charged for problems and excessive time taken for the transfer of domains, and the retrieval of registry keys and passwords.
Quotations
Quotations are valid for 30 days only.
On Site Visit With Client
Included in the quoted price for a website is 1 onsite visit to discuss the website design and to collect relevant material for the website. If the client requires further onsite visits, then these will be charged at the standard hourly rate for time taken, including travel time.
Web Site Creation Time Frame
A full draft of the new web site is generally completed within 4 weeks after receipt of web site content and information.
Web Site Creation Delays Caused By Client
If, due to the client, a delay occurs of over 2 months, preventing Central Coast Ads / One Oak Media from completing the project, the client will be invoiced for works carried out to that date. Work will only continue after payment has been received. If the delays continue after 2 months, and a price increase occurs for the services quoted and being provided by Central Coast Ads / One Oak Media, then the client shall pay the new updated pricing.
Copyright
Unless otherwise specified, the web site content designed and utilised by Central Coast Ads / One Oak Media, including website layout, copywriting, scripting, database development and original graphics, remain the intellectual property of Central Coast Ads / One Oak Media, and may not be onsold. Permission is granted for our intellectual property and content to be used on the web site it was intended for, whilst the web site remains hosted by Central Coast Ads / One Oak Media. If unique content and intellectual property of One Oak Media is to be used for any other purpose, or the website is to be moved to another hosting company, express permission must be sought from Central Coast Ads / One Oak Media, and an additional fee may incur.
Virtual Tours, Videos, Photos and Images
Virtual tours, videos, photos and images created or taken by Central Coast Ads / One Oak Media for a web site, are to be used only for advertising and marketing purposes of the business they were created for. These tours, photos and images cannot be sold without the express permission of Central Coast Ads / One Oak Media and fees will apply.
Payments
Invoices for work performed are classified as COD with payment required immediately.
Annually charged invoices are to be paid by the due date stipulated. Any invoices that are not paid by the due date could result in the suspension of all or part of other services supplied by Central Coast Ads / One Oak Media, and if suspended, a reconnection fee will apply. Fees paid for services rendered, or in advance, (e.g. hosting, maintenance) are non-refundable. Deposits paid for website development are not refundable once work has commenced.
Limited Warranty; Limitation of Liability; Indemnification
Limited Warranty. You acknowledge that the Services are provided “as is.” Neither Central Coast Ads / One Oak Media, nor any of its employees or agents, warrants that the services will be uninterrupted, error free or free from viruses or other harmful components. Central Coast Ads / One Oak Media is not responsible for, and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and / or completeness, noninfringement, merchantability or fitness for a particular purpose of information available on its servers or residing on or passing through its interconnecting networks. Use of information obtained from or through the services is at your risk. Under no circumstances will Central Coast Ads / One Oak Media be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the services.
Limitation of Liability.
IN NO EVENT SHALL CENTRAL COAST ADS / ONE OAK MEDIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE ONE CENTRAL COAST ADS / OAK MEDIA ‘S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF CENTRAL COAST ADS / ONE OAK MEDIA ‘S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF CENTRAL COAST ADS / ONE OAK MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CENTRAL COAST ADS / ONE OAK MEDIA ‘S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO CENTRAL COAST ADS / ONE OAK MEDIA FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, CENTRAL COAST ADS / ONE OAK MEDIA LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification.
You agree to indemnify, defend and hold Central Coast Ads / One Oak Media, and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Central Coast Ads / One Oak Media ‘s servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Central Coast Ads / One Oak Media‘s equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Central Coast Ads / One Oak Media, gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Central Coast Ads / One Oak Media reserve the right to change these terms and conditions at any time.