TERMS AND CONDITIONS

Please read through our Terms and Conditions, we ask that you do not use our website or service until you have familiarised yourself with them. If you are using or have used our service it is understood that you have agreed to the terms set forth on this page. When we say We, TEAM EVOLUTION, US and our service we are referring to HCS Enterprises (WA) Pty Ltd and its respective products and services. References to you, your, customer, client and the like refer to you, and your agents. These Terms and Conditions can change at any time. It is important that you check back here regularly. Your continued use of your website and our services implies acceptance of any subsequent revisions.

INVOICE PAYMENTS (Not Applicable to Direct Debit Payments)

Payment for websites is as follows:

Stage One
Prior to commencing work we must receive a 30% deposit for your website.

Stage Two
Upon delivery of your website design, (design being an image of your website in .JPG / PNG / .GIF, that will be attached to an email) we will take / request, a further 30% payment via your nominated payment method.

Stage Three
Within 10-20 business days of receiving design approval for your website proposal we will supply you with your website on a temporary domain name (provided we have received payment for Stage Two). If you have purchased a website on the basis we are entering the content we will enter all supplied content. If the client yourselves, delay supplying content for whatever reason, we will publish the site and enter content when it is supplied. Under no circumstances shall the final payment be delayed or withheld due to non-supply of content.

The payment may only be delayed if upon supplying you with your website on its temporary domain, there are material defects in what we supplied to you from what we have promised to you in our initial proposal, and/or design concepts. Once these material defects have been rectified, we will automatically process your Stage Three payment. Any material defect must be communicated to us, in writing, in the 5 business days between us delivering you your website and us taking the Stage Three payment.

REFUNDS POLICY

Refund Policy on Website Packages with a staged payment structure (not applicable to Direct Debit arrangements)

Prior to work commencing
You will be eligible for a complete refund of your 30% deposit if no work has commenced on your project from when we receive payment of your deposit, to when we receive notice in writing that you are cancelling your project and request a refund.

Design deposit
We take a 30% deposit of a website package upon submission of a design brief. This is charged to your credit card prior to our Design Team beginning work on your website. If you cannot pay via credit card we may be able to accept a direct debit into our nominated account. Our Design Team will then present you with a design concept for your new website. We will work with you in the form of rounds of changes (depending on your package) to ensure you are happy with your website design. Once your rounds of changes have been used any further requests for design changes will incur our hourly fee of $90 Inc. GST. Once you have given us approval of your website design, we will charge you a second fee of 30% for your website package. Once this second fee has been charged, our money-back guarantee no longer applies and any further requests for design changes will incur our hourly fee of $90 Inc. GST.

Once work has commenced
Once we have commenced stage two of your project no refund is available on the 30% deposit paid for your project. Work may include, but is not limited to: contact between yourself and an Account Manager and/or website designer from Team Evolution, the commencement of wireframes by Team Evolution for your project the commencement of design concepts by Team Evolution for your project and other work undertaken by Team Evolution in relation to your project.

Once design has been delivered
As per the payment structure agreed when commencing your project we take a Stage Two 30% payment of your website package upon delivery of a website design. Once this has been delivered and payment taken, no refund is available for the payments made to date. If you choose to discontinue your website build, you must notify us in writing at this stage. Should you cancel your website build at this stage you will have ownership of the wire frame concept we have supplied to you, as well as the website design concept(s) (excluding stock images and other materials not owned by either party) that we have supplied.

Following site delivery
Following design approval we will supply you with your website on a temporary domain name, (provided we have received payment for Stage Two). At this stage, your website will contain the content you have supplied to us up to the point of design approval, should we not have received content from you, dummy content will be entered onto your website. A Stage Three, and final website charge of 40% is taken 5 business days after we have sent the details of the temporary domain name. If you elect to withdraw from your website project at this point, no refund will be made available to you. The Stage 3 payment can only be delayed if there are material defects in the site we provide to you, to what we have promised during the proposal, wireframe and/or website design stages. Should such a defect occur, we have the right to take the Stage Three payments once the defect has been rectified.

Direct debit refunds policy (Not applicable to pay on request / invoice accounts)
Clients who opt for the contracted amount to be debited from their nominated account are only eligible for a refund at the discretion of management. Our aim is to rectify any issues and deliver a website to your satisfaction, all complaints or problems must be communicated in writing and we will schedule the amendments accordingly.

Money back guarantee
We offer a money-back guarantee on the 30% design deposit taken on each website package on website proposals. The following conditions apply:
• The guarantee only relates to the website design that we offer you
• If you are not satisfied with the website design you must allow our design team to rectify your design proposal. This will be based on the changes that you clearly provide to Team Evolution in written form
• The guarantee is not payable for other causes, including, but not limited to: changes in your circumstances, changes in functionality requirements from when you submitted your website brief, change of website developer and other, non-design related matters.
• Once you approve the design concept for your website, the money back guarantee no longer applies

ACTIVATION

Once you have approved your design concept we will automatically charge a second 30% instalment via the same payment method as you paid the deposit. We will then upload your design into our system. At this time we will require your content to be provided to us, for it to be uploaded onto your website. The number of pages of content to be uploaded will depend on your website package. If you have not supplied us with completed content within 7 days of approving your design, we will upload ‘dummy’ content into your website. If however, you have supplied us with your content it will be uploaded onto your website, and then you will be provided with the login details to our CMS if you have one.

GRACE PERIOD

You have 7 days from when you are supplied with your login details to CMS, (if you have one) as a grace period before we automatically charge the final 40% of your package price. This will be charged automatically via the same method as your deposit. If you ask to activate (have your website on its domain name) during this 7 day period we will charge you the final 40% of your package price at that time.

MONTHLY FEE

Commencement
We will commence charging your monthly fee upon website launch (on your domain name), or 28 business days from when your website is delivered to you for the first time on a temporary domain. Although your website may not be live at this time, your account still costs us for things such as support, domain name, email hosting, bandwidth, server disk space and system upgrades.

Monthly Fee Billing Procedure
You will be billed as per your billing cycle on the 1st of the month by our billing company Ezi Debit. You will be billed retrospectively for any additional services that you use during a given month. Monthly Obligation If you purchase Support, Hosting or any SEO Packages you are contracted for a 3, 6 or 12 month period.

Payment in Advance
You are billed for the month in advance. If you cancel your service, you will not be billed again. However, you will not be eligible for a refund or partial refund for the previous payment, regardless of how much of the current month you have used.

Refund Policy for Monthly Fee
You are billed monthly for the month in advance for your monthly subscription. No refunds or partial refunds are available for unused portions of the month. If you wish to terminate your 12 month contract a cancellation fee of 2 months will charged.

THE IMAGES ON YOUR WEBSITE

If we use stock imagery on your website you do not own these images, ownership is retained by the image rights owner. Such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your website by us. Any editing of the dimensions in which they appear may contravene their usage rights. Do not copy the images and use them in other promotional materials. If you are looking to own the images on your website or use them for another purpose then please contact us and we will endeavour to put you in contact with the image rights owner. This of course, does not apply to images that you own and provide to us for use on your website.

OWNERSHIP

The system that runs your website remains the property of Team Evolution at all times. The coding, programming and intellectual property that creates your website is owned by Team Evolution. In purchasing a website package with us you own the style, design and graphic design of the website. You also own all of the content that you place onto your website. The content, style and design on your website will be made available to you if you elect to leave Team Evolution. On Payment in full you own the  HTML/CSS/Javascript, visual design, and all text content that has been entered onto the website.

WEBSITE CONTENT

Websites from Team Evolution cannot be used to disseminate, communicate, store or transmit:
• Content sexually explicit in nature
• Copyright infringing data
• Trade secret protected data • Data that infringes on any intellectual property, publicity rights or privacy rights
• Is defamatory, harassing or threatening
• Relates to illegal business operations or schemes • Contains deliberately misleading, incomplete or deceptive content, or
• Is deemed inappropriate by Team Evolution

LINKS

As part of your website build and ongoing hosting Team Evolution has the right to include back-links from your website to Team Evolution. This is an important marketing avenue for us and allows us to keep our prices so low. If you do not want the back-link on your website we may be able to negotiate a fee for the removal of the links.

PROMOTIONAL MATERIAL

Team Evolution reserves the right to use client websites, web designs, layouts, wireframes and collateral in advertising and / or marketing initiatives. This may include portfolio examples on our website, case studies and other promotional initiatives.

SUPPORT

Team Evolution provides a telephone help desk during business hours 9.00am – 5.00pm (WST) and an email support service on sales@teamevolution.com.au Included in your monthly fee:

• Help using CMS (understanding what you can do and where you do it)
• Billing enquiries
• Bug reports and fixes to our CMS The following attracts our support fee of $55 Inc. GST in 15‐minute increments:
• Support from staff other than our helpdesk staff (e.g. General Manager or Designer)
• Face to face support
• Content changes
• Design changes
• HTML/CSS/Coding training, support or troubleshooting
• All application training and support (i.e. Photoshop, flash etc). All customer computer hardware issues that we can help with this is outside of our expertise so is not a guaranteed service
• Time spent investigating a reported issue for which Team Evolution is not responsible

Support Packages
Per month

3 months
$per month

6 months
$per month

12 months
$per month

1 hour

$95

$85

$75

2 hours

$170 ($85/hr)

$150 ($75/hr)

$130 ($65/hr)

3 hours

$225 ($75/hr)

$195 ($65/hr)

$165 ($55/hr)

• Any support outside of these packages and not within our warranty will be billed out at $50 per 15 minutes
• Unused hours within the month will not be accumulated
• Any hours used above the Support Package will be billed out at the per hour rate for that support package
• Support Packages are payable via Ezidebit

SEARCH ENGINE OPTIMISATION

1. Team Evolution agrees to provide the Client with the Services and is authorised to use the Key Phrases to attempt to improve the ranking of and/or positioning of the Website with the Search Engines.

2. In order for Team Evolution to provide the Services, the Client agrees to provide FTP access and other necessary logins to the Website for uploading, title tags, meta tags and making changes to content and source code for the purpose of optimisation. Unless agreed otherwise in writing.

3. The client acknowledges and agrees that:

a. If work is delayed through no fault of Team Evolution, the guarantee (the Target) may be extended due to time loss and no refund or compensation will be offered.

b. Team Evolution has no control over the policies of the Search Engines with respect to the type of sites and/or content that they accept now or in the future.

c. The Client acknowledges that Team Evolution makes no warranty that search engine optimisation will generate any increase in sales, business activity, profits or any other form of improvement for the Clients business or any other purpose.

d. The above does not apply in the following circumstances:

i. If changes are made to the Website by other parties that adversely affect the search engine rankings of the Website (as determined by Team Evolution); or

ii. If the Website is offline due to a reason not caused by Team Evolution; or

iii. If Team Evolution’s onsite SEO work is removed or overwritten by the Client or any other third party; or e. In signing and dating this agreement, the Client is authorising Team Evolution to begin work.

4. The client agrees that this agreement shall continue for a period of at least 12 months from the date of this agreement. Either party may terminate this agreement by giving each other one month’s written notice after the expiry of 12 months from the date of this agreement. In the event that the Client terminates Team Evolution’s services within 12 months from the date of this agreement, the Client agrees that it shall be liable for and shall pay the Monthly Fee for the balance remaining of the initial 12 month period.

5. The Client agrees to pay the Setup and Monthly Fee to Team Evolution. One month or quarterly payment is required upfront for the campaign to begin. All payments are to be made by direct debit to Team Evolution’s nominated account. All charges payable by you to us for the Services shall be due and payable within seven (7) days of receipt of our invoice thereof. The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.

6. There are no refunds available on services provided by Team Evolution.

7. Deliverables: Team Evolution is being engaged to improve the rankings primarily on Google.com.au with aim of getting Page 1 rankings for the website, as a whole with specific focus on selected phrases, and generating quality traffic including organic/ non-paid traffic.

8. No liability whatsoever (except as provided by law) will be accepted by Team Evolution for any damages or losses arising from or as a consequence of the provision of the Services or any other act or default on the part of Team Evolution or of any servant, agent or contractor of Team Evolution in relation to this agreement and the Services unless the same occurs because of the negligence of Team Evolution, its servants, agents or contractors in which case liability is limited to resupplying the Services again or a refund of the fees paid by the Client in the previous 12 months as elected by Team Evolution. Nothing in this agreement is intended to limit or exclude any liability on the part of Team Evolution where and to the extent that applicable law prohibits such exclusion or limitation.

9. This agreement is subject to the jurisdiction of the State of Western Australia and the parties irrevocably submit to the jurisdiction of the courts of the State of Western Australia. 10. Definitions: Key Phrases” means 5 mutually agreed key phrases.

SERVICE LEVEL AGREEMENT

All support issues requiring less than 2 hours work will be fixed within 72 hours of the support ticket being logged. If faster support is required then this will attract a surcharge of $90. Support issues requiring more than 2 hours work will be given a fixed timeframe and will attract a surcharge of $90 if needed much faster than suggested.

YOUR PRIVACY

Your privacy is important to us. We dislike SPAM as well. We will never sell, lease or distribute your contact details to any 3rd party. We will only reveal data pertaining to your account if compelled to do so by law.

USE OF OUR EMAIL FACILITY

If you choose to use our email newsletter facility you must abide by the relevant electronic messaging laws of all relevant jurisdictions. Do not use the email facility for the purpose of spam. Only send emails to addresses that have requested to receive information from you. We will not be responsible for the emails and any electronic correspondence sent from our system by you. We will fully co-operate with relevant legal authorities requiring information about the efforts of spammers.

FAIR USE POLICY

We employ a fair use policy to our websites. If we believe, for any reason, that you are not behaving in a manner expected of a Team Evolution customer, then we reserve the right to terminate your account – effective immediately.

OUR WEBSITE

You may display our website on an Internet access device, and occasionally, and only in circumstances that constitute fair use under applicable copyright law, print copies of insubstantial portions of our website. You may not modify our website, or any portion of it, except with the express written consent of Team Evolution.

ACCESSIBILITY

We make efforts to ensure that our website, CMS and all of our services are online 24×7 every day of the year. However, this will not always be the case. There are times when our website will be down, sometimes for things that we can’t control and others that we can. When our service is offline we will do our best to get it online as soon as possible We will not be held responsible for damage, events or losses directly or indirectly related to our website being offline. On payment in full FTP access can be provided on request.

ONLINE

We endeavour to provide at least 99% uptime on all of our hosting. If in a given month, we do not reach this target, we will not offer compensation. We offer hosting for free (included in the price of our service) and do our best to keep our sites online but cannot be held responsible when websites are offline.

LIABILITY

We will not be held liable for any action or inaction relating to our service. We offer a quality service at highly competitive rates. We believe that our system is highly secure from the actions of hackers, viruses and other problems on the Internet but can make no guarantees. It is up to you to back up and ensure the integrity of your data offline. If your website is offline then please contact us and we will try to fix the problem as soon as possible. We will not be liable for loss of sales, leads or reputation from using our service.

DISPUTE RESOLUTION

The parties will, in good faith, attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by negotiation. Either party may initiate negotiations by providing written notice in letter-form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within five days with a statement of its position on, and recommended solution to, the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet at a mutually agreeable time and place within ten days of the date of the initial notice in order to exchange relevant information and perspectives, and attempt to resolve the dispute. If the dispute is not resolved by these negotiations, the matter shall be submitted to mediation in accordance with and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules. If the dispute or difference is not settled within 30 days of the submission to mediation and provided such period is not extended by consent of the parties, it shall be and is hereby submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitrations. Notwithstanding the existence of a dispute or difference each party shall continue to perform the Agreement. This clause shall survive termination of this Agreement.

JURISDICTION

This website is governed by the laws of the state of Western Australia, Australia. Any dispute arising from the use of this website will be settled in this jurisdiction.

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