In contracting our services or using our website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to the company/person in contract with CSL OR person accessing this website, using SpiderSoft services and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “CSL” “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Australian Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Assignment of Project
SpiderSoft reserves the right to assign subcontractors to this Project to insure that the terms of this agreement are met. Client agrees to the use of 3rd party or open source technologies or frameworks for this project by SpiderSoft without prior written or verbal consent by Client.
Disclaimer Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
i. Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
ii. Excludes all liability for damages arising out of or in connection with your of our provided software/website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Description of Service
SpiderSoft designs develops websites, web applications, software and mobile apps. Client understands that SpiderSoft’s services may include certain communications from SpiderSoft such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to SpiderSoft’s services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access SpiderSoft’s services.
Scope of Work
Client understands that the website/software purchase and development includes a specific number of pages, features and/or functionality. The Client proposal and Project Specifications Document lists the specific features, functionality and number of pages purchased. The website/software only includes those items purchased. If the Client desires additional features, functionality or pages client may request a price quote to purchase as additional enhancements to the website. Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements.
Our Website / Software Project Warranty
We believe that code just doesn’t break; it either works or it doesn’t. We provide the only industry lifetime warranty that gives you peace of mind in knowing you are covered if anything ever comes up. Our competition provides 30 to 90 day warranties in hopes you may miss something and will be another fee down the road.
SpiderSoft does not warranty any issue caused due to server limitations or changes is not covered in the warranty. Any bugs related to 3rd party servers, operating systems 3rd party database integration, web browsers, 3rd party software (including open source cms and frameworks), 3rd party plug-ins are not cover under the warranty. If SpiderSoft code, including any file, html, script, text or database is modified or new code/html/text is added, by Client or 3rd party, without prior written permission of SpiderSoft, the warranty will be deemed null and void. The warranty is also nulled if any backup restore or rebuild of application is needed and done without express written consent of SpiderSoft. This warranty does not include fixes for issues related to new browser versions that were implemented after project start or older browser versions that are no longer supported by the manufacturer. SpiderSoft is not responsible for ensuring all requested functionality by client is compatible with all supported browser versions and additional charges may apply to modify or resolve potential browser issues.
The right to warranty is forfeit if the web application, mobile app or custom software source code is accessed or modified by any third party company for any reason. This includes any changes that are directly make to any project file including but not limtited to .html, .htm, .js, .php, .aspx, ,tpl, .sql, ,css, .xml, .txt, .jpg, or .png. The warranty will not be honored if any of the client payments are over-due or any monies have been charged back or recended.
Electronic Delivery Policy
SpiderSoft is a web application and software development business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from SpiderSoft any notices, agreements, disclosures, or other communications (Notices). Client agrees that SpiderSoft may send electronic Notices in either of the following ways 1) To the email address provided to SpiderSoft at the time of sale or 2) to the new email address account Client set up through SpiderSoft. Client agrees to check the designated email addresses regularly for Notices. Notice from SpiderSoft is effective when sent by SpiderSoft, regardless of whether the Notice is read or received by Client.
Call Monitoring and Recording Privacy Statement
As part of SpiderSoft’s commitment to providing the best possible service SpiderSoft may monitor and record phone calls answered by SpiderSoft and made by SpiderSoft. SpiderSoft may also archive recorded voice mail messages. SpiderSoft records calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone. This allows SpiderSoft to identify how SpiderSoft can better serve its customers
Software Project Development Procedure
With help and input from the Client, SpiderSoft will develop the contracted scope of the software project. Before work may begin on a project, the Client must sign the project acceptance agreement and electronically accept these Terms of Service. Client may submit their design survey to SpiderSoft through SpiderSoft’s online design survey application.
In submitting the survey, links to sample sites the Client likes are for general information purposes only and assist SpiderSoft with the design of the Client’s custom website or software. The functionality and detail of the sample sites will not be duplicated unless such functionality and detail are specifically included and itemized in SpiderSoft’s proposal and Project Specifications Summaries and do not infringe upon the intellectual property rights of others.
SpiderSoft will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the website. Client will be notified by email when the website is live.
Client understands, agrees and acknowledges that SpiderSoft does not guarantee a time frame for completion of ANY website or software project. This is in part because it is difficult to complete a projct without design and functionality approvals and participation from the Client. In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the project, the completion time frame is increased. Other factors that may influence the completion date of a project include, but are not limited to, complexity of Client’s project(s), availability of SpiderSoft personnel, accounting status of Client’s account, etc.
If Client does not respond to SpiderSoft communications and, as a result, SpiderSoft is not able to start or complete the website/software project, Client is still responsible for all fees incurred including, but not limited to, design purchase price, set-up fees, enhancements purchased and monthly hosting charges that begin accruing from date of sale. If Client’s website/software requires custom programming, functionality, flash, e-commerce or the use of a database, the overall development time will be extended.
While SpiderSoft does not guarantee a time frame for the completion of any custom website or software project, it may offer an optional expedited service to Client for a fee. Expedited service is not available for all accounts and all requests for expedited service must be approved by SpiderSoft at its sole discretion. Client understands and agrees that Client’s use of expedited service does not guarantee that Client’s website / software including its corresponding design, enhancements, databases, e-commerce stores, flash, etc, will be completed more quickly than they would be without the use of the expedited service. The expedited service fee only ensures that SpiderSoft will make reasonable efforts to more quickly assign designers and programmers to the account in an effort to facilitate development than would be the case under the ordinary developmental process.
The successful use of expedited service is contingent upon Client’s timely acceptance of the Terms of Service, payment of any and all fees due, submission of content through the online web center and acceptance of any project specification documents prepared by SpiderSoft and Client’s timely cooperation with SpiderSoft in any solicitation for information related to the website / software’s development.
If expedited service is offered to Client by SpiderSoft, Client may be presented with an estimated date of completion. Client understands and agrees that such estimated dates of completion are estimates only and may apply only to one particular element of the project, i.e. database, flash, e-commerce, design, programming and not necessarily to multiple elements of the website or to the website collectively. Under no circumstances will SpiderSoft guarantee the respective portion or portions of the website / software subject to the estimated date of completion to be completed sooner than the estimated date of completion. Should circumstances arise that make it impossible to complete the portion or portions of the website / software that are subject to the estimated date of completion by the estimated date of completion, including but not limited to Client failure to provide SpiderSoft with requested information in a timely manner, SpiderSoft reserves the right to change the estimated date of completion accordingly or to cancel the expedited services and refund a portion of the expedited service fee to Client. In no case shall the portion of the expedited service fee to be refunded be greater than fifty percent (50%) of the expedited service fee. Regardless of whether work is completed by the estimated date of completion, Client remains liable to SpiderSoft for any and all other charges related to the website / software’s development.
Cancellation Fee and Refund Policy
Please read REFUNDS, DISPUTES AND CANCELLATIONS section.
Termination of Agreements
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. If the Client cancels an account before the work is completed or site is live, a cancellation fee is retained per the Cancellation Fee and Refund Policy (SEE Cancellation Fee and Refund Policy). Client agrees that all fees incurred and billed prior to cancellation effective date are valid and Client agrees to pay. Upon request for termination of services the website will be removed. A back-up copy of the website/software is not maintained by SpiderSoft.
Client is responsible for testing the functionality of the website / software upon SpiderSoft’s request for approval, and notification that the website / software has been completed. This includes, but is not limited to, functionality of all website / software pages, programmed functionality, database, e-commerce store, payment functions, galleries, forums and other business software functionalities.
Client website / software design may be posted live as soon as the website design is completed by SpiderSoft and full design milestone payment is received from Client to SpiderSoft. Additional features, such as custom database programming, flash programming, etc., will be added to the site as they are completed. The website / software may be posted live within 30 days from purchase if SpiderSoft is required to complete content and design without complete Client input or content from Client.
The Client understands and agrees that if the Client does not respond within 5 business days to SpiderSoft’s request for approval and notification that the website / software has been completed and taken live, the website / software along with the functionality of the website / software and services rendered, will be deemed to be approved by the Client and Client agrees services have been rendered and the functionality of the website / software has been tested and approved by the Client.
The Client understands and agrees that if the Client does not respond to requests for missing information a final notification will be sent to the Client. If the Client does not respond within 5 business days to SpiderSoft’s notification or requests for missing information, the website / software, along with the functionality of the website / software and the services rendered, will be deemed to be approved by the Client, and the website / software will be taken live with the missing information “as-is” or “under construction”.
In the event that SpiderSoft completes all of the work per the original sale and database write ups, SpiderSoft reserves the right to move the site live and deem the work to be completed without Client’s permission if Client will not give approval of the work.
Scope Change Requests Before and After Website / Software Goes Live
SpiderSoft agrees to build a website / software to specifications quoted per the original proposal and original project specification document. Any additions or changes requested outside of the scope of the original sale, either prior to the custom website going live, or after the site has gone live, will be billed at SpiderSoft’s standard hourly rate. SpiderSoft is not obligated to complete Client requests or changes outside of the scope of work on the original proposal. If SpiderSoft does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.