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Web Design & Development
At Mornington Peninsula .com.au we offer Web Design & Development as a part of Our Services.
With us you can register a Domain Name, have your hosting setup and engage us to design and develop your website. From concept to launch, we work with you to meet your Web Design requirements, from Static to Content Management Systems (CMS) to eCommerce sites.
Whether we are working on a new project or redeveloping an existing one, we are passionate about what we do. Each project is an opportunity learn something new from our clients, and that's something we never stop doing. Internet and technology is constantly growing and improving and that is a methodology to we apply to our work. To always continue to learn and grow.
If you would like to know a bit more about Our Services and you can't find the answer in our Knowledge Base, you can Submit A Ticket to our General Enquiries Department. One of our Representatives will be more than happy to answer any queries you might have!
Please take your time to read and understand all of our trading, user, and service terms listed throughout our T&C Section:
Mornington Peninsula ITS Pty Ltd Terms and Conditions:
1. GENERAL TERMS & CONDITIONS - These Terms & Conditions of Mornington Peninsula ITS Pty Ltd apply to the exclusion of any terms or conditions of the Customer. No variation of these conditions will be binding on Mornington Peninsula ITS Pty Ltd or form part of any contract unless expressly accepted by Mornington Peninsula ITS Pty Ltd in writing. No Staff, Third Party Sub Contractors, or any persons affiliated with Mornington Peninsula ITS Pty Ltd, by hearsay, promise, verbal alterations, or expressions of any sort will be binding, cause or form any part to change any part of the contract and agreements in place signed by Customer. Customers accept all responsibility for their Contracts and Agreements.
2. ESTIMATES - Mornington Peninsula ITS Pty Ltd will usually attempt to estimate a price. Where possible an additional full brief, in writing should be supplied by the Customer to Mornington Peninsula ITS Pty Ltd before such an estimate can be prepared (This must be in the initial stages of the estimate and or Website Contract & Agreement). This is in addition to specific cases where the Customer may have special requirements or need certain features not outlined or covered within the Website Contract & Agreement.
3. COST VARIATIONS - All prices quoted are, in the absence of specific written agreement to the contrary, estimated only. Mornington Peninsula ITS Pty Ltd quotations for design work are based upon projected working hours at the current studio rate, plus materials (if required), and are subject to amendment on or after acceptance to meet any rise or fall in such rates or materials (if required) costs. Any increased charges or costs arising from alterations or additions to contractual specifications or to work previously approved, may be charged to the Customer. Other expenditure such as materials, sub-contracted on behalf of the Customer will be quoted separately. All Technical Support will be charged in addition to quotes and estimates outlayed in the Website Contract & Agreement.
4. CONSEQUENTIAL LOSS - Mornington Peninsula ITS Pty Ltd shall not be liable for any loss or damage, whether direct or consequential, which is or may be occasioned to the Customer or to any person with whom he is in contractual relations which is in any way attributable to any delay in performance or completion of any contract between Mornington Peninsula ITS Pty Ltd and the Customer, however that delay arises.
5. CUSTOMERS¹ PROPERTY - Customers property when supplied to Mornington Peninsula ITS Pty Ltd will be held at the risk of the Customer, although all reasonable care will be taken to prevent loss or damage. If 3rd parties are sub contracted by Mornington Peninsula ITS Pty Ltd and are to use this artwork to complete their requested task, then all artwork remains the property of the Mornington Peninsula ITS Pty Ltd customer and may not be copied or used in any manner by the 3rd party for their own works outside of Mornington Peninsula ITS Pty Ltd. Once the job has been completed all copies of the artwork either hard or soft are to be returned to Mornington Peninsula ITS Pty Ltd or be completely deleted from their systems or servers.
6. INITIAL WORK - Work produced, whether experimentally, testing or otherwise, at Customer request will be charged for unless otherwise agreed in writing. If the Customer wishes to terminate an order or quote with deposit at this stage, a termination invoice will be drawn up charging for any additional time and materials up to this point for works outside the quote or Website Contract & Agreement. Any deposits for works relating to Website Contract & Agreement are non refundable, Administration, Technical, or Consultanting time will be billed in addition to initial quote where it falls outside the bounds of the Website Contract & Agreement.
7. PROOFS - Final proofs will be presented by Mornington Peninsula ITS Pty Ltd to the Customer for approval prior to publishing, unless the Customer has requested works to be Live ASAP - This will be available upon request in writing however any Final payments must be made prior to the Site being permanent. When approval is given by the Customer in the form of a digital signature, confirmation email or upon our agreed approval stamp, the Customer is assumed by Mornington Peninsula ITS Pty Ltd to have studied all aspects of the material presented and to be satisfied with them, noting any exceptions in writing immediately - no exceptions to this clause.
8. IN THE EVENT THAT (a) the customer becomes apparently insolvent ( within the meaning of the Bankruptcy)or makes any voluntary arrangement with it¹s creditors, or (b) a petition is presented or a resolution is passed to wind up the customer (other than for the purposes of reconstruction or amalgamation as a solvent company ), or (c) a receiver is appointed over the whole or any part of the assets of the Customer or an administration order is made in respect of the Customer, or (d) the Customer shall otherwise cease trading, or (e) any diligence, distress, execution or other process is levied or enforced against any property of the customer, then in any such event Mornington Peninsula ITS Pty Ltd shall ( without prejudice to any other right or remedy available to it ) be entitled to cancel any contract between itself and the Customer or suspend any further deliveries of goods or the provision of any further services under any such contract without any liability to the Customer and if any goods or services have been delivered or supplied but not paid for, the price of such goods and services shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary.
9. COPYRIGHT
1. The Customer shall not submit for use by Mornington Peninsula ITS Pty Ltd anything whose use would constitute an unauthorised dealing with copyright material. In the event of any breach of this condition resulting in such an unauthorised dealing, the Customer shall remain liable to pay all sums due to Mornington Peninsula ITS Pty Ltd under the relevant contract and shall further indemnify Mornington Peninsula ITS Pty Ltd against any loss, costs or expenses attributable to such unauthorised dealing.
2. All copyright and other intellectual property rights in any work created, commissioned or otherwise acquired by Mornington Peninsula ITS Pty Ltd in implementation of any contract between Mornington Peninsula ITS Pty Ltd and the Customer shall remain with Mornington Peninsula ITS Pty Ltd until full payment has been received. For the purposes of these conditions, WORK means and includes any IP, artistic, literary or dramatic work within the meaning of the (amended) Copyright.
10. PAYMENT - A payment will be required when work begins or upon acceptance of the Website Contract & Agreement with a minimum 50% deposit in most cases - unless alternative arrangements are made (This must be in Accordance with the T&C outlines herein and with the agreement of Mornington Peninsula ITS Pty Ltd). Invoicing may be split into monthly phases in the event of lengthy jobs or when the balance of contracts are set up on a DDR contract which must be adhered to and any additonal fees, failed or non payments, Administration costs and or related costs will be payable in full to Mornington Peninsula ITS Pty Ltd. The final payment will be taken upon completion of finished artwork. Divided payments by standing order may be considered under certain circumstances and additional works such as regular Consultancy, Technical Support or Administrative work will be payable upon Invoicing. Mornington Peninsula ITS Pty Ltd reserve the right to bill Customer in full any balance or amount due. Any Outstanding amounts due must be paid upon receipt or upon notification of payment/s due. If payments are not received, Mornington Peninsula ITS Pty Ltd reserve the right to limit, suspend and or cancel Services (as per 11 Terms) until paid in full and may not continue services if Mornington Peninsula ITS Pty Ltd chooses to do so (this will be at the full discretion of Mornington Peninsula ITS Pty Ltd).
1. PAYMENT (Maintenance) - Maintenance rates will become effective if one of the following is met (a) the original site has been created and paid for whether in part or full. (b) otherwise stated in writing by a Mornington Peninsula ITS Pty Ltd or a Consultant or Representative. Maintenance will be charged out at the current Maintenance Rate and will be charged in half hourly increments. A minimum charge of one half hour will apply. Mornington Peninsula ITS Pty Ltd has the right to decide if a job meets a maintenance or design title rate. If the job meets a design title rate then the design rate will be applicable. This will also apply to additional works outside the Website Contract & Agreement where the maintenance or design rate will apply. Any additional works for Customers Website/s, Program/s, Database/s, System/s recovery or reloads will attract additional fees and charges.
2. PAYMENT (Project Postponement or Cancellation) - If a project is postponed or cancelled after more than 50% completion by anyone other than Mornington Peninsula ITS Pty Ltd, then the balance of works will be invoiced and then completed at the customers continuation date (if any). If the project is cancelled before 50% completion then the initial deposit will be non refundable (see Website Contract & Agreement) or any 3rd party costs that Mornington Peninsula ITS Pty Ltd occurred during the project. These prices will be calculated at Mornington Peninsula ITS Pty Ltd’s standard design rate based on the hours already spent including any 3rd party costs. Setup costs are not refundable. Administration and Consulting costs will also be applicable. Percentage of works completed will be calculated on current hours spent minus current hours estimated/quoted and charged with a Final Invoice.
11. TERMS - All payments must be made before the invoice due date, unless agreed otherwise. Prices quoted by Mornington Peninsula ITS Pty Ltd are exclusive of GST which will, where appropriate, be payable by the Customers. Where Hosting (NR) invoices are overdue by 30 days Mornington Peninsula ITS Pty Ltd reserves the right to lock all Email & Website facilities; at 60 days the Website will be either temporarily closed until any outstanding payments are made in full; at 90 days legal proceedings will commence without notice, the Website will be closed down and all additional costs, will be payable by the Customer.
12. TITLE - Ownership of any works (Not including IP) delivered to the Customer under any contract between Mornington Peninsula ITS Pty Ltd and the Customer, or of any other goods delivered under any such contract, shall not pass to the Customer until payment in full of all sums due to Mornington Peninsula ITS Pty Ltd under such contract has been made to Mornington Peninsula ITS Pty Ltd. The risk of damage to or destruction of any item delivered by Mornington Peninsula ITS Pty Ltd to the Customer shall pass to the Customer upon delivery, notwithstanding that ownership of the item has not then passed, and the Customer shall ensure that such item is adequately insured from time of delivery. Any alterations, damage, break or disfunction of works on Customers behalf will be fixed and charged at the maintenance or design rate.
13. SUB CONTRACTING - Mornington Peninsula ITS Pty Ltd may employ any person, company or firm as a sub-contractor for the production or provision of any printed, digital or other item in accordance with any original design or other work produced by Mornington Peninsula ITS Pty Ltd for the Customer.
14. NON-PAYMENT- Failure by the Customer to meet financial, contractual obligations (DDR Contracts, any outstanding invoices or payments, monthly payments, fees etc;) may result in legal proceedings by Mornington Peninsula ITS Pty Ltd under which circumstances ALL legal costs and other administrative expenses will be recoverable and payable in full by the Customer to Mornington Peninsula ITS Pty Ltd.
15. SEARCH ENGINES- A/Any specific/expected position in any search engine results is not guaranteed. (Mornington Peninsula ITS Pty Ltd will make every attempt to pursue, obtain a Strong Ranking for your keyword phrase's), but are not liable in any way for circumstances beyond Mornington Peninsula ITS Pty Ltd's control. This includes but is not limited to, such change in policies of the search engines involved, spontaneous, notified or programmed drops outs, and/or other anomalies out of Mornington Peninsula ITS Pty Ltd's jurisdiction or control.
1. Mornington Peninsula ITS Pty Ltd will not index sites that promote hate or discrimination based on race, religion, sex, age, sexual orientation or any other type of grouping. Mornington Peninsula ITS Pty Ltd reserve the right to refuse to promote any site deemed as unacceptable for any reason, without explanation.
2. No retroactive refunds will be made, This service is a monthly, Quarterly or Yearly service payable in full (no exceptions). For purposes of these Terms & Conditions, Mornington Peninsula ITS Pty Ltd shall have no responsibility under agreement during periods when the search engine is not available either for searching or submissions. Mornington Peninsula ITS Pty Ltd will not be responsible for any further damages of any kind.
3. The code that Mornington Peninsula ITS Pty Ltd actually use to index your page with the search engines is proprietary even though it is based on Customers original pages. The information (all codes, including HTML, Java, etc; and all work that has been manually done) may not be sold, used, or transferred to another website without Mornington Peninsula ITS Pty Ltd's explicit written permission.
4. Mornington Peninsula ITS Pty Ltd will not ‘spamdex' your pages into unrelated keyword categories. That means that if your page is the eg;“cheap car insurance” page, Mornington Peninsula ITS Pty Ltd will not index it into the eg;“Holden trucks” keyword search page. This kind of indexing is harmful to useful and proper operation of all search engines.
Please view Mornington Peninsula ITS Pty Ltd Terms and Conditions.
Mornington Peninsula ITS Pty Ltd Maintenance Contract Support Level Agreement
1. DEFINITIONS
1.1 "Maintenance Service Fee" shall mean a rate paid by customer for product maintenance, server maintenance and support. This fee is paid monthly. Fee depends on selection made upon application.
1.2 "Maintenance Services" shall mean any product maintenance, server maintenance, help desk support, website support, email support provided in accordance with this Agreement.
1.3 “General” Maintenance shall mean basic website changes and additions and does not including Server Side Scripting or Database modifications.
1.4 “Server Side Script” shall mean a program that is processed on the server, before the information ever reaches the user’s computer. These programming languages include but are not limited to php, asp. and asp.net.
1.5 "Term" shall mean the initial one (1) year term of Maintenance Services after election by customer.
1.6 "Renewal Term" shall mean any one (1) year term of Maintenance services elected by customer subsequent to the Term.
1.7 "Updates" shall mean any release for revisions, modifications, updates and changes to the Software and documentation that are made commercially available.
1.8 “Software” shall mean any artwork, programs, procedures, rules, and any associated documentation pertaining to the operation of a system. For example a windows application, web application, web service, web site or administration package.
1.9 “Critical Error” means an error, flaw, mistake, failure, or fault in software that prevents it from working correctly and produces an incorrect result. A critical error may possibly be that a website is not viewable online.
1.10 “Software Bug” means an error, flaw, mistake, failure, or fault in software that produces an incorrect result.
2. SERVICE AGREEMENT TERM
The term of this agreement is (1) one year, which can be terminated as per a 14 day cooling off period after signing the service agreement. Notice of this termination must be made in writing. The renewal term will automatically start once the term has elapsed unless termination has been received.
3. CUSTOMER RESPONSIBILITIES
1. Obligations
The customer agrees to provide Mornington Peninsula ITS Pty Ltd with reasonable access to all necessary personnel to answer any questions about any problems reported by the customer regarding the Software Programming, Website Issues and or any related issues (within reason but not limited to issues within the scale of the work/s carried out or being carried out). The Customer also agrees to promptly implement all Updates provided by Mornington Peninsula ITS Pty Ltd.
When requested and necessary, the customer shall provide Mornington Peninsula ITS Pty Ltd in writing a reasonable description of the suspected error and the following information
* The name and version number of the Mornington Peninsula ITS Pty Ltd product in use.
* System's make, model, processor type, and speed (where Applicable).
* The name and version number of the operating systems and web browser (where Applicable).
* A detailed description of the problem.
Mornington Peninsula ITS Pty Ltd will promptly investigate the facts and circumstances of the error and provide an explanation or a reasonable workaround solution as is appropriate for the circumstance.
2. Primary Contacts
The customer shall appoint one (1) individual within customer's organization to serve as primary contact between the customer and Mornington Peninsula ITS Pty Ltd and to receive support through Mornington Peninsula ITS Pty Ltd's Help Desk & Support center. All of the customer's support enquiries shall be initiated through these contacts.
4. SUPPORT PACKAGE/S
1. Level of Effort (Some charges will be payable throughout these Services - Read Carefully) -
The following services shall be made available to the customer upon request, free of charge (General SLA):
Level One Incidents: Unlimited Technical Services support for all Level One Incidents. Level One Incidents are defined as those incidents that are related to the usage of the Software (within the bounds of the SLA and within the fair use policy where the Customer utilises the available services and information throughout the Administration panel - any additional works or Technical Services used outside these General SLA Terms will be billed accordingly.
Level Two Incidents: Customer will be provided one (1) Level Two Incidents from Mornington Peninsula ITS Pty Ltd's Technical Services per term. Level Two Incidents are defined as those issues that are related to trouble shooting.
The following services shall be made available to the customer upon request, for an additional charge to any Website Contracts & Agreements or Service Level Agreements under the (Maintenance Contract):
Website Maintenance: Mornington Peninsula ITS Pty Ltd will perform regular maintenance on Websites based on frequency requested. Works will commence 99% of the time within 12 working hours of receiving them (Any urgent Technical Support must be accessed through the Help Desk & Support area on the morningtonpeninsula.com.au Homepage).
Software/Server Maintenance: Mornington Peninsula ITS Pty Ltd will perform regular maintenance on software or server systems based on frequency requested (Dependant on Service Package). A report will be issued once a month outlining works completed. This is an additional Premium service and all charges will apply and be payable upon receipt of invoice (Dependant on Service Package).
2. Technical Support
Mornington Peninsula ITS Pty Ltd shall provide support via phone (through Consultants and Technicians *additonal costs apply where applicable servicing Customer - or within Service Package applicable). Technical support is available Business Hours Monday - Friday AEST. Weekends through Help Desk & Support.
3. Website Support
Mornington Peninsula ITS Pty Ltd will provide customer with 24/7 access to its website Help Desk & Support section. Specific offerings on the website may change from time to time at Mornington Peninsula ITS Pty Ltd's discretion but the website generally includes a searchable database of answers to frequently asked questions and the knowledgebase.
4. Email Support
Mornington Peninsula ITS Pty Ltd will provide customer with email support Monday through Thursday 8 a.m. - 5 p.m. and Friday 8 a.m. - 12 p.m. AEST. Otherwise will be available through the Help Desk & Support Section.
5. On site Support
Mornington Peninsula ITS Pty Ltd will make on site support and professional services available to the customer for additional charges and fees. Prices for extended support will be provided to the customer upon request. ALL onsite services will be charged out at a 60 minute minimum (hourly increments thereon).
6. Mornington Peninsula ITS Pty Ltd Contact
Mornington Peninsula ITS Pty Ltd will designate a primary point of contact (Generally the Customer will utilise the Help Desk & Support section) for the appointed customer contact(s) to coordinate and resolve any issues associated with the installation and use of the Software, Program/s, Website/s or System/s Installed. Generally all Technical Support and Services can be accessed through the Help Desk & Support section. This Primary Contact (Consultant, 3rd Party Sub Contractor, and or Representative) where deemed will Manage the complete project from start to finish. Any requests outside these terms or General SLA will incur additional costs and be billed/charged out accordingly.
5. ERROR CORRECTION
1. Error Identification
Upon identification of any programming error, the customer shall notify Mornington Peninsula ITS Pty Ltd of such error and shall provide Mornington Peninsula ITS Pty Ltd with a problem report and enough information to reproduce the error. Mornington Peninsula ITS Pty Ltd shall use its reasonable efforts to respond to problem reports. A bug report sheet will be provided and must be fully completed. Critical errors will need to be marked “Critical Error”.
Mornington Peninsula ITS Pty Ltd shall begin to correct any reproducible programming errors in the Software attributable to Mornington Peninsula ITS Pty Ltd with the level of effort commensurate with the error within one (2) business days. Mornington Peninsula ITS Pty Ltd shall not be responsible for correcting any errors not attributable to Mornington Peninsula ITS Pty Ltd. Errors attributable to Mornington Peninsula ITS Pty Ltd shall be those that are reproducible by Mornington Peninsula ITS Pty Ltd on unmodified software.
2. Causes Not Attributable To Mornington Peninsula ITS Pty Ltd
Customer will be liable for and shall reimburse Mornington Peninsula ITS Pty Ltd at Mornington Peninsula ITS Pty Ltd's then-current time and material rates for all work of Mornington Peninsula ITS Pty Ltd spent investigating an error or malfunction that Mornington Peninsula ITS Pty Ltd reasonably determines to have been caused by a modification to the Software that was neither made nor authorized by Mornington Peninsula ITS Pty Ltd or that Mornington Peninsula ITS Pty Ltd determines to have been caused by another software process or another software product(s), including manipulation, addition, updates, changes, edits to software or programs set up by Mornington Peninsula ITS Pty Ltd by the Customer.
3. Go Live Policy
No software, error correction or modification will go live on Fridays unless otherwise agreed upon. The reasoning is support is limited over the weekend and is designed to reduce the risk of critical errors over this period.
6. EXCLUSIONS
Mornington Peninsula ITS Pty Ltd is not required to provide any Maintenance Services directly related to problems attributable to: (i) customer's failure to implement all Updates to the Software; (ii) any alterations of or additions to the Software performed by parties other than Mornington Peninsula ITS Pty Ltd or parties not approved by Mornington Peninsula ITS Pty Ltd in writing; (iii) use of the Software on any operating system or computing device other than the operating system or computing device for which such Software was designed for and licensed for use on. Mornington Peninsula ITS Pty Ltd shall only be obligated to support the then-current production version of the Software and the immediately prior release for a period of three (3) months after such release. Support for any earlier version or for other problems not covered under the Agreement may be obtained at Mornington Peninsula ITS Pty Ltd's then-current rates for Professional Services.
7. SOFTWARE MAINTENANCE
1. Software Update Releases
Mornington Peninsula ITS Pty Ltd shall notify the client in writing of any impending Software Updates due to maintenance or scheduled new release at least two (2) weeks, fourteen (14) days, prior to the targeted release date. The notification of new releases shall include the documented Release Notes that will detail the changes being made to the Software. This is only applicable to Customers who have a current SLA with Mornington Peninsula ITS Pty Ltd and is active (see payment and or non payment clauses)
8. Mornington Peninsula ITS Pty Ltd CONTACT INFORMATION
Technical support is available Monday through Thursday 8 a.m. - 5 p.m. and Friday 8 a.m. - 12 p.m. AEST. Mornington Peninsula ITS Pty Ltd provides a number of online resources to respond to our Customer's technical questions about the Software, Website Issues and related products and service through the Help Desk & Support section and our FAQ's.
Phone: +61 3 5904 6030
Help Desk & Support - Online through www.morningtonpeninsula.com.au
E-mail: info@morningtonpeninsula.com.au
Web: www.morningtonpeninsula.com.au
If a Customer calls for Technical Support, the Customer shall provide the following information:
* The name of product and or service there is an issue.
* System's make, model, processor type, and speed (where applicable).
* The name and version number of the operating systems and web browser (where applicable).
* A Full detailed description of the problem (no exceptions).
9. AMENDMENTS TO THE CONTRACT
The Level of your contract can be increased at any time during the contract period by way of written advice. You will be notified by Mornington Peninsula ITS Pty Ltd in writing to acceptance and or agreeance of the ammendments made to the Contract.
Mornington Peninsula ITS Pty Ltd attempts to ensure that all information contained on the website is error-free, Mornington Peninsula ITS Pty Ltd accept no liability for omissions, and reserve the right to change or alter the content of the site and Terms & Conditions at anytime.Mornington Peninsula ITS Pty Ltd does not make any warranty that the website is free from infection from viruses; nor does any provider of content to the site or their respective agents make any warranty as to the results to be obtained from use of the site.
Mornington Peninsula ITS Pty Ltd advise that under no circumstances including but not limited to, negligence, shall Mornington Peninsula ITS Pty Ltd or any third party content provider or their respective agents be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the website, software and/or services, even if such party has been advised differently.
With us you can register a Domain Name, have your hosting setup and engage us to design and develop your website. From concept to launch, we work with you to meet your Web Design requirements, from Static to Content Management Systems (CMS) to eCommerce sites.
Whether we are working on a new project or redeveloping an existing one, we are passionate about what we do. Each project is an opportunity learn something new from our clients, and that's something we never stop doing. Internet and technology is constantly growing and improving and that is a methodology to we apply to our work. To always continue to learn and grow.
If you would like to know a bit more about Our Services and you can't find the answer in our Knowledge Base, you can Submit A Ticket to our General Enquiries Department. One of our Representatives will be more than happy to answer any queries you might have!
Please take your time to read and understand all of our trading, user, and service terms listed throughout our T&C Section:
Mornington Peninsula ITS Pty Ltd Terms and Conditions:
1. GENERAL TERMS & CONDITIONS - These Terms & Conditions of Mornington Peninsula ITS Pty Ltd apply to the exclusion of any terms or conditions of the Customer. No variation of these conditions will be binding on Mornington Peninsula ITS Pty Ltd or form part of any contract unless expressly accepted by Mornington Peninsula ITS Pty Ltd in writing. No Staff, Third Party Sub Contractors, or any persons affiliated with Mornington Peninsula ITS Pty Ltd, by hearsay, promise, verbal alterations, or expressions of any sort will be binding, cause or form any part to change any part of the contract and agreements in place signed by Customer. Customers accept all responsibility for their Contracts and Agreements.
2. ESTIMATES - Mornington Peninsula ITS Pty Ltd will usually attempt to estimate a price. Where possible an additional full brief, in writing should be supplied by the Customer to Mornington Peninsula ITS Pty Ltd before such an estimate can be prepared (This must be in the initial stages of the estimate and or Website Contract & Agreement). This is in addition to specific cases where the Customer may have special requirements or need certain features not outlined or covered within the Website Contract & Agreement.
3. COST VARIATIONS - All prices quoted are, in the absence of specific written agreement to the contrary, estimated only. Mornington Peninsula ITS Pty Ltd quotations for design work are based upon projected working hours at the current studio rate, plus materials (if required), and are subject to amendment on or after acceptance to meet any rise or fall in such rates or materials (if required) costs. Any increased charges or costs arising from alterations or additions to contractual specifications or to work previously approved, may be charged to the Customer. Other expenditure such as materials, sub-contracted on behalf of the Customer will be quoted separately. All Technical Support will be charged in addition to quotes and estimates outlayed in the Website Contract & Agreement.
4. CONSEQUENTIAL LOSS - Mornington Peninsula ITS Pty Ltd shall not be liable for any loss or damage, whether direct or consequential, which is or may be occasioned to the Customer or to any person with whom he is in contractual relations which is in any way attributable to any delay in performance or completion of any contract between Mornington Peninsula ITS Pty Ltd and the Customer, however that delay arises.
5. CUSTOMERS¹ PROPERTY - Customers property when supplied to Mornington Peninsula ITS Pty Ltd will be held at the risk of the Customer, although all reasonable care will be taken to prevent loss or damage. If 3rd parties are sub contracted by Mornington Peninsula ITS Pty Ltd and are to use this artwork to complete their requested task, then all artwork remains the property of the Mornington Peninsula ITS Pty Ltd customer and may not be copied or used in any manner by the 3rd party for their own works outside of Mornington Peninsula ITS Pty Ltd. Once the job has been completed all copies of the artwork either hard or soft are to be returned to Mornington Peninsula ITS Pty Ltd or be completely deleted from their systems or servers.
6. INITIAL WORK - Work produced, whether experimentally, testing or otherwise, at Customer request will be charged for unless otherwise agreed in writing. If the Customer wishes to terminate an order or quote with deposit at this stage, a termination invoice will be drawn up charging for any additional time and materials up to this point for works outside the quote or Website Contract & Agreement. Any deposits for works relating to Website Contract & Agreement are non refundable, Administration, Technical, or Consultanting time will be billed in addition to initial quote where it falls outside the bounds of the Website Contract & Agreement.
7. PROOFS - Final proofs will be presented by Mornington Peninsula ITS Pty Ltd to the Customer for approval prior to publishing, unless the Customer has requested works to be Live ASAP - This will be available upon request in writing however any Final payments must be made prior to the Site being permanent. When approval is given by the Customer in the form of a digital signature, confirmation email or upon our agreed approval stamp, the Customer is assumed by Mornington Peninsula ITS Pty Ltd to have studied all aspects of the material presented and to be satisfied with them, noting any exceptions in writing immediately - no exceptions to this clause.
8. IN THE EVENT THAT (a) the customer becomes apparently insolvent ( within the meaning of the Bankruptcy)or makes any voluntary arrangement with it¹s creditors, or (b) a petition is presented or a resolution is passed to wind up the customer (other than for the purposes of reconstruction or amalgamation as a solvent company ), or (c) a receiver is appointed over the whole or any part of the assets of the Customer or an administration order is made in respect of the Customer, or (d) the Customer shall otherwise cease trading, or (e) any diligence, distress, execution or other process is levied or enforced against any property of the customer, then in any such event Mornington Peninsula ITS Pty Ltd shall ( without prejudice to any other right or remedy available to it ) be entitled to cancel any contract between itself and the Customer or suspend any further deliveries of goods or the provision of any further services under any such contract without any liability to the Customer and if any goods or services have been delivered or supplied but not paid for, the price of such goods and services shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary.
9. COPYRIGHT
1. The Customer shall not submit for use by Mornington Peninsula ITS Pty Ltd anything whose use would constitute an unauthorised dealing with copyright material. In the event of any breach of this condition resulting in such an unauthorised dealing, the Customer shall remain liable to pay all sums due to Mornington Peninsula ITS Pty Ltd under the relevant contract and shall further indemnify Mornington Peninsula ITS Pty Ltd against any loss, costs or expenses attributable to such unauthorised dealing.
2. All copyright and other intellectual property rights in any work created, commissioned or otherwise acquired by Mornington Peninsula ITS Pty Ltd in implementation of any contract between Mornington Peninsula ITS Pty Ltd and the Customer shall remain with Mornington Peninsula ITS Pty Ltd until full payment has been received. For the purposes of these conditions, WORK means and includes any IP, artistic, literary or dramatic work within the meaning of the (amended) Copyright.
10. PAYMENT - A payment will be required when work begins or upon acceptance of the Website Contract & Agreement with a minimum 50% deposit in most cases - unless alternative arrangements are made (This must be in Accordance with the T&C outlines herein and with the agreement of Mornington Peninsula ITS Pty Ltd). Invoicing may be split into monthly phases in the event of lengthy jobs or when the balance of contracts are set up on a DDR contract which must be adhered to and any additonal fees, failed or non payments, Administration costs and or related costs will be payable in full to Mornington Peninsula ITS Pty Ltd. The final payment will be taken upon completion of finished artwork. Divided payments by standing order may be considered under certain circumstances and additional works such as regular Consultancy, Technical Support or Administrative work will be payable upon Invoicing. Mornington Peninsula ITS Pty Ltd reserve the right to bill Customer in full any balance or amount due. Any Outstanding amounts due must be paid upon receipt or upon notification of payment/s due. If payments are not received, Mornington Peninsula ITS Pty Ltd reserve the right to limit, suspend and or cancel Services (as per 11 Terms) until paid in full and may not continue services if Mornington Peninsula ITS Pty Ltd chooses to do so (this will be at the full discretion of Mornington Peninsula ITS Pty Ltd).
1. PAYMENT (Maintenance) - Maintenance rates will become effective if one of the following is met (a) the original site has been created and paid for whether in part or full. (b) otherwise stated in writing by a Mornington Peninsula ITS Pty Ltd or a Consultant or Representative. Maintenance will be charged out at the current Maintenance Rate and will be charged in half hourly increments. A minimum charge of one half hour will apply. Mornington Peninsula ITS Pty Ltd has the right to decide if a job meets a maintenance or design title rate. If the job meets a design title rate then the design rate will be applicable. This will also apply to additional works outside the Website Contract & Agreement where the maintenance or design rate will apply. Any additional works for Customers Website/s, Program/s, Database/s, System/s recovery or reloads will attract additional fees and charges.
2. PAYMENT (Project Postponement or Cancellation) - If a project is postponed or cancelled after more than 50% completion by anyone other than Mornington Peninsula ITS Pty Ltd, then the balance of works will be invoiced and then completed at the customers continuation date (if any). If the project is cancelled before 50% completion then the initial deposit will be non refundable (see Website Contract & Agreement) or any 3rd party costs that Mornington Peninsula ITS Pty Ltd occurred during the project. These prices will be calculated at Mornington Peninsula ITS Pty Ltd’s standard design rate based on the hours already spent including any 3rd party costs. Setup costs are not refundable. Administration and Consulting costs will also be applicable. Percentage of works completed will be calculated on current hours spent minus current hours estimated/quoted and charged with a Final Invoice.
11. TERMS - All payments must be made before the invoice due date, unless agreed otherwise. Prices quoted by Mornington Peninsula ITS Pty Ltd are exclusive of GST which will, where appropriate, be payable by the Customers. Where Hosting (NR) invoices are overdue by 30 days Mornington Peninsula ITS Pty Ltd reserves the right to lock all Email & Website facilities; at 60 days the Website will be either temporarily closed until any outstanding payments are made in full; at 90 days legal proceedings will commence without notice, the Website will be closed down and all additional costs, will be payable by the Customer.
12. TITLE - Ownership of any works (Not including IP) delivered to the Customer under any contract between Mornington Peninsula ITS Pty Ltd and the Customer, or of any other goods delivered under any such contract, shall not pass to the Customer until payment in full of all sums due to Mornington Peninsula ITS Pty Ltd under such contract has been made to Mornington Peninsula ITS Pty Ltd. The risk of damage to or destruction of any item delivered by Mornington Peninsula ITS Pty Ltd to the Customer shall pass to the Customer upon delivery, notwithstanding that ownership of the item has not then passed, and the Customer shall ensure that such item is adequately insured from time of delivery. Any alterations, damage, break or disfunction of works on Customers behalf will be fixed and charged at the maintenance or design rate.
13. SUB CONTRACTING - Mornington Peninsula ITS Pty Ltd may employ any person, company or firm as a sub-contractor for the production or provision of any printed, digital or other item in accordance with any original design or other work produced by Mornington Peninsula ITS Pty Ltd for the Customer.
14. NON-PAYMENT- Failure by the Customer to meet financial, contractual obligations (DDR Contracts, any outstanding invoices or payments, monthly payments, fees etc;) may result in legal proceedings by Mornington Peninsula ITS Pty Ltd under which circumstances ALL legal costs and other administrative expenses will be recoverable and payable in full by the Customer to Mornington Peninsula ITS Pty Ltd.
15. SEARCH ENGINES- A/Any specific/expected position in any search engine results is not guaranteed. (Mornington Peninsula ITS Pty Ltd will make every attempt to pursue, obtain a Strong Ranking for your keyword phrase's), but are not liable in any way for circumstances beyond Mornington Peninsula ITS Pty Ltd's control. This includes but is not limited to, such change in policies of the search engines involved, spontaneous, notified or programmed drops outs, and/or other anomalies out of Mornington Peninsula ITS Pty Ltd's jurisdiction or control.
1. Mornington Peninsula ITS Pty Ltd will not index sites that promote hate or discrimination based on race, religion, sex, age, sexual orientation or any other type of grouping. Mornington Peninsula ITS Pty Ltd reserve the right to refuse to promote any site deemed as unacceptable for any reason, without explanation.
2. No retroactive refunds will be made, This service is a monthly, Quarterly or Yearly service payable in full (no exceptions). For purposes of these Terms & Conditions, Mornington Peninsula ITS Pty Ltd shall have no responsibility under agreement during periods when the search engine is not available either for searching or submissions. Mornington Peninsula ITS Pty Ltd will not be responsible for any further damages of any kind.
3. The code that Mornington Peninsula ITS Pty Ltd actually use to index your page with the search engines is proprietary even though it is based on Customers original pages. The information (all codes, including HTML, Java, etc; and all work that has been manually done) may not be sold, used, or transferred to another website without Mornington Peninsula ITS Pty Ltd's explicit written permission.
4. Mornington Peninsula ITS Pty Ltd will not ‘spamdex' your pages into unrelated keyword categories. That means that if your page is the eg;“cheap car insurance” page, Mornington Peninsula ITS Pty Ltd will not index it into the eg;“Holden trucks” keyword search page. This kind of indexing is harmful to useful and proper operation of all search engines.
Please view Mornington Peninsula ITS Pty Ltd Terms and Conditions.
Mornington Peninsula ITS Pty Ltd Maintenance Contract Support Level Agreement
1. DEFINITIONS
1.1 "Maintenance Service Fee" shall mean a rate paid by customer for product maintenance, server maintenance and support. This fee is paid monthly. Fee depends on selection made upon application.
1.2 "Maintenance Services" shall mean any product maintenance, server maintenance, help desk support, website support, email support provided in accordance with this Agreement.
1.3 “General” Maintenance shall mean basic website changes and additions and does not including Server Side Scripting or Database modifications.
1.4 “Server Side Script” shall mean a program that is processed on the server, before the information ever reaches the user’s computer. These programming languages include but are not limited to php, asp. and asp.net.
1.5 "Term" shall mean the initial one (1) year term of Maintenance Services after election by customer.
1.6 "Renewal Term" shall mean any one (1) year term of Maintenance services elected by customer subsequent to the Term.
1.7 "Updates" shall mean any release for revisions, modifications, updates and changes to the Software and documentation that are made commercially available.
1.8 “Software” shall mean any artwork, programs, procedures, rules, and any associated documentation pertaining to the operation of a system. For example a windows application, web application, web service, web site or administration package.
1.9 “Critical Error” means an error, flaw, mistake, failure, or fault in software that prevents it from working correctly and produces an incorrect result. A critical error may possibly be that a website is not viewable online.
1.10 “Software Bug” means an error, flaw, mistake, failure, or fault in software that produces an incorrect result.
2. SERVICE AGREEMENT TERM
The term of this agreement is (1) one year, which can be terminated as per a 14 day cooling off period after signing the service agreement. Notice of this termination must be made in writing. The renewal term will automatically start once the term has elapsed unless termination has been received.
3. CUSTOMER RESPONSIBILITIES
1. Obligations
The customer agrees to provide Mornington Peninsula ITS Pty Ltd with reasonable access to all necessary personnel to answer any questions about any problems reported by the customer regarding the Software Programming, Website Issues and or any related issues (within reason but not limited to issues within the scale of the work/s carried out or being carried out). The Customer also agrees to promptly implement all Updates provided by Mornington Peninsula ITS Pty Ltd.
When requested and necessary, the customer shall provide Mornington Peninsula ITS Pty Ltd in writing a reasonable description of the suspected error and the following information
* The name and version number of the Mornington Peninsula ITS Pty Ltd product in use.
* System's make, model, processor type, and speed (where Applicable).
* The name and version number of the operating systems and web browser (where Applicable).
* A detailed description of the problem.
Mornington Peninsula ITS Pty Ltd will promptly investigate the facts and circumstances of the error and provide an explanation or a reasonable workaround solution as is appropriate for the circumstance.
2. Primary Contacts
The customer shall appoint one (1) individual within customer's organization to serve as primary contact between the customer and Mornington Peninsula ITS Pty Ltd and to receive support through Mornington Peninsula ITS Pty Ltd's Help Desk & Support center. All of the customer's support enquiries shall be initiated through these contacts.
4. SUPPORT PACKAGE/S
1. Level of Effort (Some charges will be payable throughout these Services - Read Carefully) -
The following services shall be made available to the customer upon request, free of charge (General SLA):
Level One Incidents: Unlimited Technical Services support for all Level One Incidents. Level One Incidents are defined as those incidents that are related to the usage of the Software (within the bounds of the SLA and within the fair use policy where the Customer utilises the available services and information throughout the Administration panel - any additional works or Technical Services used outside these General SLA Terms will be billed accordingly.
Level Two Incidents: Customer will be provided one (1) Level Two Incidents from Mornington Peninsula ITS Pty Ltd's Technical Services per term. Level Two Incidents are defined as those issues that are related to trouble shooting.
The following services shall be made available to the customer upon request, for an additional charge to any Website Contracts & Agreements or Service Level Agreements under the (Maintenance Contract):
Website Maintenance: Mornington Peninsula ITS Pty Ltd will perform regular maintenance on Websites based on frequency requested. Works will commence 99% of the time within 12 working hours of receiving them (Any urgent Technical Support must be accessed through the Help Desk & Support area on the morningtonpeninsula.com.au Homepage).
Software/Server Maintenance: Mornington Peninsula ITS Pty Ltd will perform regular maintenance on software or server systems based on frequency requested (Dependant on Service Package). A report will be issued once a month outlining works completed. This is an additional Premium service and all charges will apply and be payable upon receipt of invoice (Dependant on Service Package).
2. Technical Support
Mornington Peninsula ITS Pty Ltd shall provide support via phone (through Consultants and Technicians *additonal costs apply where applicable servicing Customer - or within Service Package applicable). Technical support is available Business Hours Monday - Friday AEST. Weekends through Help Desk & Support.
3. Website Support
Mornington Peninsula ITS Pty Ltd will provide customer with 24/7 access to its website Help Desk & Support section. Specific offerings on the website may change from time to time at Mornington Peninsula ITS Pty Ltd's discretion but the website generally includes a searchable database of answers to frequently asked questions and the knowledgebase.
4. Email Support
Mornington Peninsula ITS Pty Ltd will provide customer with email support Monday through Thursday 8 a.m. - 5 p.m. and Friday 8 a.m. - 12 p.m. AEST. Otherwise will be available through the Help Desk & Support Section.
5. On site Support
Mornington Peninsula ITS Pty Ltd will make on site support and professional services available to the customer for additional charges and fees. Prices for extended support will be provided to the customer upon request. ALL onsite services will be charged out at a 60 minute minimum (hourly increments thereon).
6. Mornington Peninsula ITS Pty Ltd Contact
Mornington Peninsula ITS Pty Ltd will designate a primary point of contact (Generally the Customer will utilise the Help Desk & Support section) for the appointed customer contact(s) to coordinate and resolve any issues associated with the installation and use of the Software, Program/s, Website/s or System/s Installed. Generally all Technical Support and Services can be accessed through the Help Desk & Support section. This Primary Contact (Consultant, 3rd Party Sub Contractor, and or Representative) where deemed will Manage the complete project from start to finish. Any requests outside these terms or General SLA will incur additional costs and be billed/charged out accordingly.
5. ERROR CORRECTION
1. Error Identification
Upon identification of any programming error, the customer shall notify Mornington Peninsula ITS Pty Ltd of such error and shall provide Mornington Peninsula ITS Pty Ltd with a problem report and enough information to reproduce the error. Mornington Peninsula ITS Pty Ltd shall use its reasonable efforts to respond to problem reports. A bug report sheet will be provided and must be fully completed. Critical errors will need to be marked “Critical Error”.
Mornington Peninsula ITS Pty Ltd shall begin to correct any reproducible programming errors in the Software attributable to Mornington Peninsula ITS Pty Ltd with the level of effort commensurate with the error within one (2) business days. Mornington Peninsula ITS Pty Ltd shall not be responsible for correcting any errors not attributable to Mornington Peninsula ITS Pty Ltd. Errors attributable to Mornington Peninsula ITS Pty Ltd shall be those that are reproducible by Mornington Peninsula ITS Pty Ltd on unmodified software.
2. Causes Not Attributable To Mornington Peninsula ITS Pty Ltd
Customer will be liable for and shall reimburse Mornington Peninsula ITS Pty Ltd at Mornington Peninsula ITS Pty Ltd's then-current time and material rates for all work of Mornington Peninsula ITS Pty Ltd spent investigating an error or malfunction that Mornington Peninsula ITS Pty Ltd reasonably determines to have been caused by a modification to the Software that was neither made nor authorized by Mornington Peninsula ITS Pty Ltd or that Mornington Peninsula ITS Pty Ltd determines to have been caused by another software process or another software product(s), including manipulation, addition, updates, changes, edits to software or programs set up by Mornington Peninsula ITS Pty Ltd by the Customer.
3. Go Live Policy
No software, error correction or modification will go live on Fridays unless otherwise agreed upon. The reasoning is support is limited over the weekend and is designed to reduce the risk of critical errors over this period.
6. EXCLUSIONS
Mornington Peninsula ITS Pty Ltd is not required to provide any Maintenance Services directly related to problems attributable to: (i) customer's failure to implement all Updates to the Software; (ii) any alterations of or additions to the Software performed by parties other than Mornington Peninsula ITS Pty Ltd or parties not approved by Mornington Peninsula ITS Pty Ltd in writing; (iii) use of the Software on any operating system or computing device other than the operating system or computing device for which such Software was designed for and licensed for use on. Mornington Peninsula ITS Pty Ltd shall only be obligated to support the then-current production version of the Software and the immediately prior release for a period of three (3) months after such release. Support for any earlier version or for other problems not covered under the Agreement may be obtained at Mornington Peninsula ITS Pty Ltd's then-current rates for Professional Services.
7. SOFTWARE MAINTENANCE
1. Software Update Releases
Mornington Peninsula ITS Pty Ltd shall notify the client in writing of any impending Software Updates due to maintenance or scheduled new release at least two (2) weeks, fourteen (14) days, prior to the targeted release date. The notification of new releases shall include the documented Release Notes that will detail the changes being made to the Software. This is only applicable to Customers who have a current SLA with Mornington Peninsula ITS Pty Ltd and is active (see payment and or non payment clauses)
8. Mornington Peninsula ITS Pty Ltd CONTACT INFORMATION
Technical support is available Monday through Thursday 8 a.m. - 5 p.m. and Friday 8 a.m. - 12 p.m. AEST. Mornington Peninsula ITS Pty Ltd provides a number of online resources to respond to our Customer's technical questions about the Software, Website Issues and related products and service through the Help Desk & Support section and our FAQ's.
Phone: +61 3 5904 6030
Help Desk & Support - Online through www.morningtonpeninsula.com.au
E-mail: info@morningtonpeninsula.com.au
Web: www.morningtonpeninsula.com.au
If a Customer calls for Technical Support, the Customer shall provide the following information:
* The name of product and or service there is an issue.
* System's make, model, processor type, and speed (where applicable).
* The name and version number of the operating systems and web browser (where applicable).
* A Full detailed description of the problem (no exceptions).
9. AMENDMENTS TO THE CONTRACT
The Level of your contract can be increased at any time during the contract period by way of written advice. You will be notified by Mornington Peninsula ITS Pty Ltd in writing to acceptance and or agreeance of the ammendments made to the Contract.
Mornington Peninsula ITS Pty Ltd attempts to ensure that all information contained on the website is error-free, Mornington Peninsula ITS Pty Ltd accept no liability for omissions, and reserve the right to change or alter the content of the site and Terms & Conditions at anytime.Mornington Peninsula ITS Pty Ltd does not make any warranty that the website is free from infection from viruses; nor does any provider of content to the site or their respective agents make any warranty as to the results to be obtained from use of the site.
Mornington Peninsula ITS Pty Ltd advise that under no circumstances including but not limited to, negligence, shall Mornington Peninsula ITS Pty Ltd or any third party content provider or their respective agents be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the website, software and/or services, even if such party has been advised differently.
