Terms & Conditions, Copyright & Privacy
1. Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use. The information contained in this website is for general information purposes only and is provided by flemingwebmedia.com.
2. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.
3. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
4. Through this website you may be able to link to other websites which are not under the control of flemingwebmedia.com. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
5. Every effort is made to keep the website up and running smoothly. However, flemingwebmedia.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Website copywright notice
1. This website and its contents are the copyright of Fleming Web Media – © 2020. All rights reserved.
2. Any redistribution or reproduction of part or all of the contents in any form is prohibited. You cannot print or download contents for your personal and non-commercial except with our express written permission. You can pass on the information of the website to individual third parties for their personal use, but only if you acknowledge the website as the source of the material, www.flemingwebmedia.com.
3. You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.
Last updated: 22 July 2019
1. INFORMATION WE COLLECT FROM YOU
In the course of your visits to our website or use of our products and services, we may obtain the following information about you: name, company name, email address, telephone number, billing address, geographic location, IP address, survey responses, support queries, blog comments and social media handles (together ‘Personal Data’).
Our services are not directed to persons under 18 and we do not knowingly collect Personal Data from anyone under 18. If we become aware that a child under 18 has provided us with Personal Data, we will delete that information as quickly as possible. If you are the parent or guardian of a child and you believe they have provided us with Personal Data without your consent, then please contact us.
You can review, correct, update or delete your Personal Data by contacting us directly by phone or email to do so.
2. HOW WE USE YOUR INFORMATION
Personally, Identifiable Information: We use the information we collect to deliver our services to you, including: communicating with you, providing technical support, notifying you of updates and offers, sharing useful content, measuring customer satisfaction, diagnosing problems and providing you with a personalised website experience.
Marketing communications are only sent to you if you have requested or subscribed to them. You can opt out of our marketing communications at any time by unsubscribing or emailing us and your request will be actioned immediately.
Non-Personally Identifiable Information: We also use the information we collect in aggregated and anonymized forms to improve our services, including: administering our website, producing reports and analytics, advertising our products and services, identifying user demands and assisting in meeting customer needs generally.
Any information you choose to make publicly available, such as blog comments and testimonials on our website, will be available for others to see. If you subsequently remove this information, copies may remain viewable in cached and archived pages on other websites or if others have copied or saved the information.
3. STORAGE AND SECURITY OF YOUR INFORMATION
We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. All information we receive from you is stored and protected on our secure servers from unauthorized use or access. Credit card information is encrypted before transmission and is not stored by us on our servers.
To enable us to deliver our services, we may transfer information that we collect about you, including Personal Data, across borders for storage and processing in countries other than Australia. If your Personal Data is transferred and processed outside Australia, it will only be transferred to countries that have adequate privacy protections.
We retain your personal information for as long as needed to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
In the event there is a breach of our security and your Personal Data is compromised, we will promptly notify you in compliance with the applicable law.
4. SHARING YOUR INFORMATION WITH THIRD PARTIES
We do not and will not sell or deal in Personal Data or any customer information.
5. DISCLOSURE OF YOUR INFORMATION
We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of flemingwebmedia.com, our customers or third parties.
If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be transferred to a purchaser under a confidentiality agreement. We would only disclose your Personal Data in good faith and where required by any of the above circumstances.
6. LINKS TO OTHER WEBSITES
This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites.
8. CONTACT US
Website terms and conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to flemingwebmedia.com and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
1. AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and flemingwebmedia.com’s rights and obligations to each other.
2. LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that flemingwebmedia.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
3. COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), flemingwebmedia.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
4. DELIVERY OF GOODS
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
5. LINKS TO OTHER WEBSITES
flemingwebmedia.com may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between flemingwebmedia.com and the owners of those websites. flemingwebmedia.com takes no responsibility for any of the content found on the linked websites.
flemingwebmedia.com’s website may contain information or advertisements provided by third parties for which websiteservice.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, flemingwebmedia.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. flemingwebmedia.com gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of websiteservice.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
7. YOUR PRIVACY
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. flemingwebmedia.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
8. THIRD PARTIES
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
9. DISCLOSURE OF INFORMATION
flemingwebmedia.com may be required, in certain circumstances, to disclose information in good faith and where flemingwebmedia.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
10. EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of flemingwebmedia.com. flemingwebmedia.com expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party.
If you breach this term, then flemingwebmedia.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. flemingwebmedia.com reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
11. COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
flemingwebmedia.com expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to act against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited. You may not print or download to an electronic device for your personal and non-commercial use, except with our express written permission. You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
12. WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and flemingwebmedia.com concerning your use and access to flemingwebmedia.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
13. EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of South Australia and Australia. If there is a dispute between you and flemingwebmedia.com that results in litigation, then you must submit to the jurisdiction of the courts of South Australia.
Client terms and conditions for web design and development
1. Standard Terms and Conditions
These are the standard terms and conditions for website design and development (‘Website Build’) and apply to all contracts and all work undertaken by Fleming Web Media for its clients.
The terms ‘us’ or ‘our’ or ‘we’ refers to Fleming Web Media.
The terms ‘you’ or ‘‘your’ refers to the client of Fleming Web Media .
Fleming Web Media operates in accordance with Australian Competition and Consumer Law.
Fleming Web Media reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.
2. Client Agreement
During the initial consultation, it is your responsibility to provide Fleming Web Media with clear guidelines and the specific detail of what you may require for your Website Build. When such details are not provided we will proceed with our understanding of your requirements and quote accordingly.
At a later stage, if a discrepancy arises, it many led to additional costs to accommodate the additional work that is required beyond that which is quoted. changes. It is essential that you clarify every aspect of your Website Build.
On your written acceptance of the quote provided by Fleming Web Media, this becomes the ‘Client Agreement’ and is deemed thereafter a written contractual agreement between you and Fleming Web Media.
Once the Client Agreement has been finalised, any additions, changes or enhancements in the functionality of the Website Build will affect the Client Agreement and may incur additional costs and a revised delivery date.
3. A. Fees and Deposits – Fleming Web Media: Website Build
All prices are quoted in Australian dollars and are exclusive of GST unless specified.
A 40% deposit of the total fee payable under the Client Agreement is due once you have instructed Fleming Web Media (in writing via email) to proceed with the Website Build.
An invoice will be issued and the deposit must be paid within 3 working days, prior to the Website Build commencing. Fleming Web Media reserve the right not to commence any work until the deposit has been made in full.
The remaining 60% of the invoice is due within 5 working days of the website being completed and approved per the terms of the Client Agreement.
The 40% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the Client Agreement. The deposit is NOT refundable if the development work has been started and you terminate the contract through no fault of Fleming Web Media.
3 B. Fees and Deposits – Fleming Web Media: Website Services
All prices are quoted in Australian dollars and are exclusive of GST unless specified.
Fleming Web Media offer a suite of Website services as set out on flemingwebmedia.com, For example Website Maintenance Package, Website Coaching Package, Quarterly Website Health Check etc.
A 40% deposit of the total fee payable under the Client Agreement is due once you have instructed Fleming Web Media (in writing via email) to proceed with the Website Services you have requested.
An invoice will be issued and the deposit must be paid within 3 working days, prior to the Website Services commencing. Fleming Web Media reserve the right not to commence any work until the deposit has been made in full.
The remaining 60% of the invoice is due within 5 working days of the Website Services being completed and approved per the terms of the Client Agreement.
The 40% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the Client Agreement. The deposit is NOT refundable if the Website Services have been started and you terminate the contract through no fault of Fleming Web Media.
4. Supply of materials and information
You must supply all materials and information required by us to complete the work in accordance with the Client Agreement within 5 working days of instructing us to commence the website. Such materials may include, but at not limited to, written copy, logo, photographs, video and other printer material.
The build of the website will not commence until all materials and information have been supplied. Where there is any delay in supplying these materials to us which leads to a delay of the agreed completion time, then Fleming Website Media have the right to extend any previously agreed deadline by an amount agreed between the parties to the Client Agreement.
Where you fail to supply materials and information within 14 working days and that prevents the progress of the work, and without further agreement to renewed project due dates, the deposit paid may be retained by Fleming Web Media.
If you wish to keep your current web hosting package, then you are required to release to Fleming Website Media, the codes to the control panel within 3 working days of instructing us to commence your Website Build. No work can be started without access to the control panel, unless specifically stated otherwise in the Client Agreement.
Fleming Website Media will begin the Website Build by creating a home page/ first page (‘First Page’) which will show the suggested design, layout and colours of the website. However, this initial stage will not commence until the 40% deposit of the total fee payable under the Client Agreement has been received.
You do have the opportunity to request a revision to the website design. However, Fleming Website Media limits the number of design proposals to a maximum of three. It may charge for additional designs if you make a change to the original design per the Client Agreement.
Any major deviation from the agreed specifications of the Website Build, including but not limited to, the website design, text content, images and colour scheme, per the Client Agreement will be an additional charge of $60.00 per hour (exclusive of GST).
When you have agreed and accepted the First Page, Fleming Website Media will suggest the layout and design theme of the other pages. When have you agreed to the layout and design theme, we will there after continuing and build the rest of the pages.
If you fail to deliver the changes and the additions requested within the next 5 working days after receiving communication from Fleming Website Media, we reserve the right to issue the final invoice of the contract.
If you already have hosting, Fleming Website Media can build the website on that server. However, there may be an extra fee for this service because webhosting companies have different control panels and routines, which means it can take longer to get started with some of them.
You will be the sole owner of the hosting package, your website and the domain name.
Fleming Website Media will not be liable or responsible for any 3rd party issues.
7. Project Delays and Client Liability
Any timeframes that Fleming Website Media give are contingent upon your full co-operation and supply of materials and information.
During the development phase of the website there will be regular feedback given in order to progress the website. There is an expectation that you will reply within 48 hours to requests from Fleming Website Media in regard to feedback and/or additional materials or information that is needed. A failure to do so may result in a delay in the agreed timeframe for the website build.
8. Approval of the website
On completion of the website you will be notified and have the opportunity to review it.
You must notify us in the writing of any unsatisfactory points within 3 working days of such notification.
Any of the work which has not been reported in writing to us as unsatisfactory within the 3 working days review period will be deemed to have been approved.
Once approved or deemed approved, work cannot be subsequently rejected, and the contract will be deemed to have been completed and the remaining 60% of the invoice will be due within 5 working days.
9. Rejected work
If you reject any of our work within the 3 working days review period, or not approve subsequent work performed by use to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
Upon completion of the 3 working days review period, Fleming Website Media will invoice you for the remaining 75% balance of the website build. This invoice must be paid within 5 working days from the date of issue.
11. Late fees and charges
All outstanding invoices will incur a late penalty fee of 10% of the pending amount and an administration fee of $20 per month, from the due date.
Due date: is the date on which the payment is due as per the terms on the invoice.
Outstanding invoice: an invoice is deemed to be outstanding if the payment is still due after due after 5 working days of the expiry of the due date.
Debt collection: a client is provided a further 5 working days after a late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount being referred to a debt collector.
Fleming Website Media will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the debt (debt collectors, administration charges, legal fees) will be referred to the client for processing.
If you are going to be late with your payment for a particular reason or have any queries regarding your invoice please contact Fleming Website Media immediately on receiving the invoice or reminder emails, so that arrangements can be made.
12. Warranty by you as to ownership of intellectual property rights
You are fully responsible for all necessary permissions and authorities in respect of the use of all copy, graphic images, registered business logos, names and trademarks, or any other material that you supply to Fleming Website Media to include in your website or web applications.
13. Use of the Website and code developed for the Website
Once you have paid us in full for the website (whether this be payment for the development of a new website OR development of an existing website), Fleming Web Media grant you the right to use the website and its related software and contents for the life of the website.
However, the rights granted to you do NOT include the right to re-use the website code created by Fleming Web Media for another website or re-sell the programming codes for any commercial or non-commercial purpose without our express written permission.
The website code created by Fleming Web Media remains the intellectual property of Fleming Web Media.
The website code is warranted for a three-month period from project delivery, EXCEPT where the code has been affected through changes:
a. Made by other Service Providers to the software environment in which the code runs.
b. Made by the Website Owner using software and unique content of their own; which may affect the function of the code created by Fleming Web Media.
Any maintenance, changes or updates required to be undertaken on the website (inclusive of the website code), distinct from the limited warranty period above, is a separate piece of work and a new quote will be issued for that work.
Express written permission to use any photos on your website, taken by Fleming Web Media,
for purposes other than display on the website must be obtained from us.
In the event of a Webmaster change, the website owner must not display the credits to the new website, unless such time has passed that the website functionality and appearance is changed by over 40% of Fleming Website Media original work.
14. Search Engine Optimisation
Fleming Website Media do not guarantee any specific position in search engine results for your website. However, as part of the Website Build, we do perform on-site SEO according to current best practice.
15. Consequential Loss
Fleming Website Media are not liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
16. Additional Expenses
You agree to reimburse Fleming Website Media for any requested expenses which do NOT form part of your client agreement including, but not limited to the purchase of templates, third party software, stock photographs and/or videos, domain name registration, web hosting or comparable expenses.
17. Back Up
You are fully responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by use.
18. Cross Browser Compatibility
Fleming Web Media endeavour to ensure that the website we create is compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort’s basis, where any incompatibilities are found.
You are fully responsible for complying with all relevant laws relating to e-commerce and to the full extent permitted by the law will hold harmless, protect and defend and indemnify Fleming Web Media for any claim, penalty, tax, tariff loss or damage arising from you or your client’s use of Internet electronic commerce.
20. Courts of Jurisdiction
The client agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the law of South Australia. You and Fleming Web Media submit to the non-exclusive jurisdiction of the courts in and of South Australia in relation to any dispute arising using these terms and conditions or in relation to any services we perform for you.
21. Limitation of Liability
To the fullest extent permitted by law, all terms, conditions, representations or warranties whether expressed or implied or statutory or otherwise relating in any way to the service Fleming Web Media provides are excluded, OTHER than the express provisions of these terms and conditions.
Fleming Web Media | Willunga, Adelaide, 5172 | ABN 86694054975