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|TERMS AND CONDITIONS|
As of: 1 June, 2009
the person or entity that commissions work
(here-in referred to as the "Customer")
to be performed by
Mentat Consulting Pty Ltd, and its affiliates
(here-in referred to as "Mentat").
WEB SITE HOSTING AND DOMAIN NAME REGISTRATION:
As Mentat is a reseller of hosting facilities and domain name registration, be advised that all prices and packages quoted are subject to change without notice. However, Mentat will always attempt to give fair notice of price and/or package changes whenever possible.
Mentat cannot be held responsible for system availability and performance problems, or any financial losses incurred due to such problems or the effects of fraudulent activity by hackers or other unauthorised persons.
While Mentat shall make reasonable efforts to protect the data files stored on Mentat's servers, Mentat is not responsible for Customer's data, files, or directories residing on Mentat's equipment. The Customer is solely responsible for maintaining data, file, and directory structure backups.
The Customer is solely responsible for any legal liability resulting from the content of its web site. Mentat reserves the right to shut down any web site that Mentat considers to be illegal, libellous, offensive, harmful, violent or dangerous, or produces 'spam' emails (i.e. unsolicited junk mail). Such web sites may be shut down without notice, with refund of fees paid in advance at the sole discretion of Mentat's management.
Web sites that, in Mentat's opinion, regularly consume an excessive share of system resources, will need to have extra resources assigned and possibly be moved to a separate server so as not to interfere with other web sites being hosted on Mentat's shared facilities. Fees that must be paid by the Customer to cover the resource reassignment must be negotiated directly with Mentat's management. If agreeable terms cannot be reached within 24 hours of excessive-resource-usage notification, Mentat reserves the right to shut down the offending web site and refund the Customer all fees paid in advance less our own non-refundable expenses.
The agreement between the Customer and Mentat to host the Customer's web site is an agreement that is non-transferable to any third party without Mentat's written permission. As such, the web site can only be used to store content owned by the Customer. Customers may not sell, resell, transfer, lease, rent, store, give-away, or assign their allocated hosting space to any third party without Mentat's written permission.
Customer requests to cancel services should be made in writing and received by Mentat at least 45 days prior to renewal dates. Please note that non-payment does not constitute cancellation of your services to Mentat. Prepaid fees for hosting services and domain name registration will not be refunded to the Customer.
WEBSITE DESIGN SERVICES:
An initial deposit of approximately 33% is required before commencement of any website design project. Under normal circumstances, the remaining balance is due upon completion and acceptance of the website. However, Mentat reserves the right to bill an interim amount if the website project extends over 4 months. If the project is excessively delayed due to the Customer not providing information or documents that are required for the completion of the project in a timely fashion, then Mentat will invoice the Customer for the full amount of the remaining balance or a percentage thereof at Mentat's discretion. If a website design project is cancelled by the Customer (eg: business has been closed down, etc), before the website has been completed and delivered to the Customer, then Mentat will invoice the Customer for the value of the actual work that has been completed up to the point of notification of the project halt.
Mentat provides all care but no responsibility for all services provided. This means that Mentat will take care to design, document, code and test web sites and other software, and to correctly set up domain names and hosting configurations. However, the final responsibility remains with the Customer to test and verify that all services provided have been correctly performed and delivered.
As such, Mentat cannot be held responsible for any financial or other losses incurred due to such problems as software defects, design flaws, documentation errors, domain name registration errors, hosting configuration errors, infringements that occur from content on the Customer's website (including trademark, copyright, or patent infringements), security breaches, unauthorised access, computer viruses, or other unforeseen circumstances.
In addition, the cosmetic presentation of the customer's website is only verified for the current browser release specified when the website is accepted by the customer and full compensation has been made. If future browser versions cause undesirable display problems, then the customer will need to recommission Mentat for their time to fix the website.
The Customer grants to Mentat the rights to reference the Customer's web site(s), including the Customer's logo or a screen-shot of the Customer's website, on Mentat's website pages with a click-able link back to the Customer's own website. The Customer must notify Mentat in writing if they wish such references to be excluded.
Where Mentat has created a Customer's website or has performed major re-design work, the Customer grants to Mentat the rights to place a credit for the creation and design of the customer's website in the form of a click-able link back from the customer's website to Mentat's website. The acknowledgment of Mentat's creation of the Customer's website, and the associated link reference, should remain in place until such time that the majority of Mentat's creativity (design layout, graphics, coding, etc) has been removed. This will not apply to simple maintenance performed for a Customer's pre-existing website designed by another entity. However, if long-term maintenance for a site has transpired, Mentat may request the Customer to allow a click-able link to Mentat's website to be placed on the Customer's website indicating that the site is 'maintained by Mentat'.
When Mentat invoices a Customer, a due date (usually 14 calendar days from the invoice date) will be specified for payment of all fees due. Mentat reserves the right to charge penalty fees (up to 10% per month) for outstanding amounts not fully paid by the said due date. Mentat also reserves the right to demand the return of all originals and all copies of all software, designs, documents, etc., not fully paid for by the Customer within 60 calendar days of original invoice. In the case of Hosting, Mentat reserves the right to shut down any web site whose fees due have not been fully paid by the said due date. Reactivation of an account due to non-payment of invoice may incur a fee. Account services will not be reactivated until payment of the
INTELLECTUAL PROPERTY RIGHTS:
Graphics specific to the Customer's company (for example company logos or product photos, etc), that Mentat has created for the Customer's website, and the Customer has paid for, are owned by the Customer, other than those that are owned by other entities (eg: counter displays, etc).
Text (visible content) on the Customer's website which the Customer has provided to Mentat, is owned by the Customer, unless it is owned by other entities (eg: if the Customer copied it from somewhere else, etc).
Coding on the Customer's website, including some graphics (eg: menu structures), the Customer has the right to use and modify, but does not own it, Mentat does, and Mentat has the rights to re-use on other websites any time it is needed. (It would be impractical for Mentat to recode common routines hundreds of times for every different website created).
The Customer does not own the "look & feel" of the website design, however, Mentat ensures that future websites will not be identical to the Customer's website (in other words, will not have the same textual content or the same logo, etc.). It is possible that future or past websites may have some similarities to the Customer's website.
Third party applications used in the Customer's website development will not be owned by the Customer. For example, if the Customer uses Mentat's Content Management system on their website (which Mentat itself has licensed from a third-party), the Customer does not own the license to the installation on its site, Mentat does. If the Customer decides to have their site supported by anyone other than Mentat, the Customer does not have the rights to the actual third party application. In that case, the Customer may need to purchase its own license to the third party application, in order to make any future adjustments to the current installation.
Please note: It is not Mentat's intention to abuse or unfairly apply the above terms and conditions. However, to protect its commercial viability, Mentat must insist on the above terms and conditions to limit its responsibilities as described. Mentat shall notify customers in writing of any changes to the above terms and conditions.
|END TERMS AND CONDITIONS|