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Terms and Conditions

R U WEBD's Standard Terms and Conditions are as follows:

  • Definitions
    • Agreement: These Terms and Conditions, as well as the Proposal (signed or unsigned), or verbal, written or email instructions to commence work.
    • R U Webd: R U Webd Pty Ltd, the supplier of the web development solution, as well as any individual working for R U Webd Pty Ltd, shareholder or director.
    • Purchaser: The company, person or entity purchasing these services as listed in the agreement and signature page of the Proposal or otherwise indicated through the Agreement to commence work.
    • Package: Refers to the product, service, web development solution, website, system or whatever the Purchaser is purchasing from R U Webd.
    • Payment: Any and all monies as well as the full amount of any contra services payable from the Purchaser to R U Webd for the service to be performed.
    • Proposal: Any document created by R U Webd that contains an offer to do work including an overview of the work and the prices for such work.
    • Service: Website construction, design work, search engine optimisation, consulting, advice or any other service or product provision by R U Webd Pty Ltd.
  • Property ownership
    • The Purchaser owns, and is responsible for, all content inserted into the Package, including:
      • Graphics, including logos, images, templates, "look and feel" to the extent to which the Purchaser owns the Graphics prior to insertion onto the Package.
      • Text and intellectual property.
        The Purchaser warrants that it has full rights to publish all content on its website, and indemnifies R U Webd against any and all claims from any third parties in respect to any content published on the Purchaser's site.
    • The Purchaser, upon full Payment, obtains a royalty free, perpetual licence to:
      • Own and operate the Package as developed by R U Webd.
      • Develop, and continue to grow the Package, whether with R U Webd or with any developer or programmer of the Purchaser's choosing.
      • Use any elements which are developed through open source licence or previously by R U Webd that are used in the Package for no additional payment other than specifically agreed without affecting the licence or ownership of those elements.
    • R U Webd retains the right to continue to sell, develop or otherwise use any elements used in the Package for example, components built on open source.
  • Payment and Debt collection
    • Purchaser guarantees full Payment for the Package.
    • Ownership of the Package only passes to the Purchaser when the final Payment has been received in full by R U Webd.
    • If any costs are incurred by R U Webd to collect outstanding Payment the Purchaser indemnifies R U Webd from those costs, eg Legal expenses and debt collection fees.
    • In the event of non-payment of any monies from the Purchaser to R U Webd, R U Webd reserves the right to take down the website of the Purchaser until such time as the monies are repaid. The Purchaser acknowledges that it cannot challenge this and R U Webd is not liable for any losses while the website is offline. If domain registrations or any other service lapses due to non-payment the Purchaser is liable for any costs in re-registering those services, if it is possible. The Purchaser is liable for all costs to get the website operational after being taken down, and indemnifies R U Webd against any costs or losses due to this event.
    • In the event that the Purchaser takes longer than three months to provide feedback to R U Webd at any time the Package is deemed to be completed and payment is due in full. There are no refunds in this instance.
  • Hosting
    • Where R U Webd arranges for hosting of the Package:
      • It is inherent in how the internet is built that from time to time your website and/or Emails will be down. This is normal, and R U Webd is not responsible for any losses the Purchaser may suffer, including lost sales.
      • R U Webd may move your website hosting, for example when upgrading equipment.
    • The Purchaser warrants that it has full authority to publish everything on its website and indemnifies R U Webd for any costs, liabilities or damages as a result of the Purchasers package. This includes copywrite infringement, violation of any censorship laws and breach of any other laws.
    • R U Webd has no responsibility or liability for the deletion or failure to store email messages and any losses the Purchaser may suffer, including lost sales. Some messages may not be processed due to space constraints or outbound message limitations. The Purchaser agrees that R U Webd is not responsible or liable for the deletion or failure to store messages (emails) or other information and that it is the responsibility of the Purchaser to ensure any and all email messages and content are sufficiently backed up and stored.
  • Timeframe
    • If the Purchaser would like a fixed timeline for the completion of the Package, they must obtain specific, written and signed agreement from a Director of R U Webd prior to signing the contract for the site. Timelines requested or provided after the contract has been agreed to are for information only and subject to delay at any point.
    • In any timeline, R U Webd will only be able to complete the Package if the Purchaser supplies any and all required information prior to or at the times required under the timeline.
    • There are no guarantees that timelines will be met, and no grounds for compensation if that occurs.
  • Service level
    • Unless specifically agreed to in a written Service Level Agreement, there is no minimum or maximum time for R U Webd to enact changes on any website, including correcting errors.
  • Support levels
    • Hourly rates
      • Normal rate is $75 plus GST per hour, with a one week guaranteed turn around
      • Express rate is $150 plus GST per hour for same day turn around or for changes to be made after hours
      • Emergency rate is $250 plus GST per hour for immediate turnaround
      • Rates will increase over time;R U Webd reserves the right to do so without providing notice
    • Three Month Service Period
      • . R U Webd provides a free Three Month Service Period on the Package. Please use this time to ensure the Package works as per your wishes
    • Warranty
      • R U Webd provides a limited lifetime guarantee on the sites code integrity and basic site function and operation
      • The warranty is void if the site is no longer hosted with R U Webd or a third party development team access and modifies the sites code
  • Jurisdiction
    • The Agreement is governed by the laws of the State of Victoria, Australia. Victorian Courts shall have sole jurisdiction in relation to any disputes arising in connection with this agreement.
  • Updates to these Terms and Conditions
    • R U Webd reserves the right to change these terms and conditions without notification. As such, please bookmark this page and check it regularly.