Terms and Conditions
Agreement to be bound by these Terms & Conditions:
By using Realize Online services or be receiving information of any nature from Realize Online or by signing up as a Client for any job, task or project, you, the Client, agree to be legally bound by these Terms & Conditions.
Please read these terms carefully. By using the products and/or services of Realize Online you agree to abide by these Terms & Conditions.
Realize Online reserves the right to vary these terms and conditions from time to time. These T&C and any additional Terms of Sale (T.O.S.) or contracts specific to a project, service, special offer or promotion sets out the entire agreement between Realize Online and the Client.
DESCRIPTION & DEFINITIONS:
In these terms and conditions, Realize Online, the Realize Online service, all services related to it, and all text, images photographs, user interface, "look and feel", data and other content included in it from time to time (including, without limitation, the selection, coordination and arrangement of such content) may be referred to as "Realize Online", "www.RealizeOnline.com.au" "us", "we", "website" or "service".
"Client" is defined as representing one business (company or entity) or person (sole trader or individual person). Client may also be referred to as "himself/herself" or "his/her" or "their" or "site owner" in these terms and conditions. Client may also be referred to as the staff member, employee, agent or third party on behalf the Client.
A Client may be a prospective Client who is making enquiries to and/or from Realize Online or they may be an existing Client of Realize Online who has previously or is currently engaging Realize Online.
Realize Online provides to the Client various services including, but not limited to:
• Website Design and Development
• Ecommerce Development and Consulting
• Web and Internet Consulting
• Website Maintenance and Security
• Website and Email Hosting Services
• SEO - Search Engine Optimisation Services
• Digital Marketing Services and Consulting
• Google Adwords / Online Advertising Services
• Social Media Services
• Online PR Services
• Email Marketing Services
For each project or job or service, Realize Online follows a production process that may be divided into stages or steps or phases. For each stage or phase of the project or job or service, specific deliverables may be produced for the Client which will be specified in a formal quote agreement. A task, job, service or project will be considered “Completed” where either the Client approves the task, job, service or project as being “Completed” or where Realize Online determines that the task, job, service or project is being “Completed” according to the scope and/or definition and/or parameters of the task, job, service or project as set out in a formal quote.
Typically, Realize Online will provide the Client with a formal quote using an online quoting system which delivers the formal quote to the Client by email. A formal quote is only considered an agreement or a contract between Realize Online and the Client when the Client accepts and approves the formal quote.
Realize Online may provide the Client with domain name registration, web and email hosting services, custom website design, website design, digital marketing services and consulting services and so on in accordance with the project and/or job and/or product and/or service the Client has ordered or requested from Realize Online.
A deliverable may vary from formal quote to formal quote and may take various forms including but not limited to;
• Graphic designs (files or web based or other)
• Websites and/or web development
• Documents or reports
• Hosting and/or systems support or provisioning
• Digital marketing services and solutions
Service / Job / Task / Project Scope and Quote Agreements:
The scope of a service, job, task or project to be provided by Realize Online to the Client will be defined and/or set out in the formal quote which defines or explains what work or service or item or feature is to be included and/or completed for the Client under that formal quote and agreement.
The descriptions and definitions and parameters define or determine the scope in the formal quote agreement between Realize Online are the Client are intended to be clear to Realize Online and to the Client as well as to any impartial third party. Realize Online will provide its best effort to provide and document any and all formal quote agreements to a Client which include any scope details or parameters for the relevant service, task, job or project, however, Realize Online reserves the right to be final judge for the interpretation of any part of a scope or the interpretation of any such scope or parameters set out and defined in a formal quote agreement between Realize Online and the Client.
Formal quotes and quote agreements from Realize Online may include attachments like images or specifications or drawings or photos or documents or reports or any other supporting materials relevant or required to define or set out the requirements or deliverables for the formal quote agreement to be completed.
When a Client accepts and approves formal quote from Realize Online, the Client agrees that they have freely entered into a formal quote or contract agreement with Realize Online which excludes any communication between Realize Online and the Client in previous or subsequent emails or phone calls or meetings or any other medium. Further, the Client accepts and agrees that the formal quote agreement is a binding contract between Realize Online and the Client.
Realize Online reserves the right to withdraw a proposal or quote at any time.
From time to time, Realize Online may provide a Client with an estimate cost or estimate fee for the provision and/or delivery of a task, job, service or project to or for the Client. An estimate is an approximation of the hours or fees required to complete or deliver a task, job, service or project but it is not a final formal quote.
From time to time, Realize Online will provide a proposal to a Client for a task, service, job or project which will typically include an estimate or estimates within the proposal.
Realize Online will separately provide a formal quote to a Client where the Client has requested to be sent such a formal quote or where Realize Online chooses to provide and send such a formal quote to the Client.
Any final invoice or fee for the work approved by a Client will be determined by the formal quotes and not by an estimate.
An estimate is not a fixed or formal quote or final price or fee for a task, service, job or project and an estimate should not be viewed by a Client as such. An estimate is at best a rough guide to the final price only which may change a little or significantly depending on the considerations and parameters or scope of the task, service, job or project.
Realize Online will typically use an estimate during the early stages of discussions between a Client and Realize Online before a formal quote and an engagement model or service agreement is agreed upon.
For the purposes of any dispute that may arise between a Client and Realize Online, any estimates or emails or discussions that are not directly attached to or directly reference within the actual formal quote agreement between the Client and Realize Online are null and void
and the Client accepts and agrees to these terms.
Realize Online reserves the right to withdraw a proposal or quote at any time.
Quotes will be issued to Clients using an online delivery and documentation service known as an online quoting system. Each quote is numbered and stored online by the system. A quote will be prepared and issued to a Client for the Client to review and approve or decline. Once a Client approves a quote, the fee or price for the works listed in the quote is set and Realize Online agrees to not vary that price unless the scope of the quote is varied by written agreement. However, if the Client seeks to vary the quote, then we will either revoke and modify the quote or issue a new quote for the Client to approve.
A quote is a specific fee or price that Realize Online sets out and defines for the requested task, service, job or project. It will typically include parameters and defined deliverables as well as a charge cost or a fee. The cost or fee may be a one-time charge or it may be a recurring charge. In either instance, the nature of the charge will be made clear in the quote.
A quote, once it is accepted and agreed to by the Client, will not vary as it is fixed, unless otherwise agreed to by Realize Online and the Client in writing.
Any variations to the scope or requirements of one quote that are requested by the Client will be quoted separately in a new quote with its own defined requirements and with a set fee or price for that requested task, service, job or project.
Once a Client accepts and approves a quote, the accepted approved quote forms a contract and agreement between Realize Online and the Client for Realize Online to provide and/or deliver the defined task, service, job or project to or for the Client and the Client agrees to pay in full any fees or charges set out in the quote.
Realize Online reserves the right to withdraw a proposal or quote at any time.
FORMS AND RESPONSES:
Realize Online provides online enquiry forms for Clients or prospective Clients to use to contact Realize Online for an enquiry, a call back or a quote:
• General Enquiry
• Request a call back
• Free quote
If requested, Realize Online may call back the Client.
If requested, Realize Online may issue a Proposal with an Estimate or a Quote in respect of any deliverable proposed to be provided under these Terms & Conditions.
Realize Online may decide, in its sole discretion, to deny a quotation request or information enquiry.
PROPOSALS, ESTIMATES AND QUOTES:
In response to a quote or a specific product or service request, Realize Online may produce a proposal or a quote that will remain valid and open for acceptance by the Client for up to 30 days, unless otherwise agreed by Realize Online, from the date of issue that may include any or any of the following:
• Project Brief / Proposal
• Project Scope
• Job / Task Definition
• Description and Features
• Fees and Charges
• Any other specifics or Terms Of Sale related to the product, service or special offer
Realize Online reserves the right to withdraw a proposal or quote at any time.
By approving any quote or project contract, a Client agrees to be bound by these terms and conditions and to pay to Realize Online the agreed fees set out in the quote or project contract when Realize Online requests payment or as otherwise set out in the quote or the project contract.
INVOICES, SUSPENSION AND TERMINATION:
All pricing in formal quotes and in invoices issued by Realize Online is provided in Australian Dollars.
Payment of Realize Online's invoices are due as per the terms of the invoices which typically is either 7 days terms or 30 days terms which may vary from Client to Client at the discretion of Realize Online. All invoices are payable upon receipt by the Client unless otherwise agreed to in writing.
Any outstanding invoices for work completed or services provided to the Client by Realize Online requires payment in full due on receipt of the invoice unless otherwise agreed to writing between the parties. On completion of a task, service, job or project the Client is obliged to pay the balance of the invoice in full and the Client agrees to these terms.
The invoices issued by Realize Online to a Client will typically indicate a quote number where applicable and relevant. From time to time, some invoices issued will not list or indicate a relevant quote number as the service as the service or product predates the online quoting system used by Realize Online since 2013 or an invoice has been issued without the need for a formal quote like for a domain name renewal.
Fees Due in Advance:
Some services including, but not limited to, hosting fees and search engine opimisation fees are due in advance for the applicable period as noted in the invoice. Such fees and the related invoice must be paid in full as per the terms of the respective invoice which may be prior to the commencement of the applicable service period as noted in the invoice or the respective quote.
Quoted Jobs, Services or Projects Completion:
Once a Client approves a project, job or task to "go live" or where Realize Online defines the job or task as being "completed" according to the scope or parameters set out in the quote, an invoice will be issued to the Client with payment on that invoice due immediately unless otherwise agreed to in writing between the parties.
Any warranty work that Realize Online will carry out to fix / correct any bugs or faults in the website or system as reported by the Client or as found by Realize Online that may be covered by warranty or by the scope of the task, job or project will be completed as soon as reasonably possible by Realize Online.
A revision, where allowed and applicable, to the design or function of the website or system that may be included in the scope of the task, service, job or project will be completed as soon as possible by Realize Online.
Realize Online reserves the right to postpone or delay or refuse warranty fix work or revisions or enhancements to a website or system or any deliverable for the Client if the Client has overdue outstanding invoices for any job, service, task or project.
Project Contract Payment Milestones:
For some projects where the total fee for the project is over $6,000 ex GST, Realize Online may define specific payment milestones that will occur at various stages or points during the timeline of the project. For each payment milestone, a fee is due as set out per the quote which will be invoiced at the time of the payment milestone being reached with payment by the Client on that invoice due immediately unless otherwise agreed to in writing between the parties.
Standard Payment Terms
For all invoices issued, payment is due within 7 days of the issue date, unless otherwise agreed or stated on the invoice.
Ordinarily, for small job quotes (ie; for quotes under $900) - except where otherwise required or stipulated by Realize Online - Realize Online will issue an invoice for the work / service after it is completed / provided.
Payment for invoices issued for completed works / services provided are due within 7 days of the issue date, unless otherwise agreed or stated on the invoice.
Realize Online offers to provide the work / service in advance in good faith to the Client and with the understanding that the written quote is also providing reasonable "notice" of the pending required payment for the work / service which is to fall due upon completion of the work / service.
At the discretion of Realize Online (or for quotes over $900) an initial deposit of 50% payment upfront (or any other percentage of the quote at the discretion of Realize Online) is required before commencement of works, and will be requested via invoice to the Client immediately on approval of the quote.
Upon receipt of the initial deposit payment to Realize Online, the works defined in this quote will be entered into production schedule as time and resources allow.
A final balance invoice will be issued for the remainder of the quote payment once the works are completed and payment for this final invoice will be due within 7 days of the issue date.
For quotes over $6000, payment will be required in three part payments (or as defined specifically in the quote itself). Unless otherwise defined in the quote, a three part payment will include; an initial deposit of 30% (or part thereof) payment upfront is required before commencement of works, and will be requested via invoice to the Client immediately on approval of the quote. A second payment of 30% (or part thereof) will be required after commencement but before completion of project, and will be requested via invoice to the Client to be due within 7 days of the issue date. A final balance invoice will be issued for the remainder of the quote payment once the works are completed and payment for this final invoice will be due within 7 days of the issue date.
Upon receipt of the initial deposit payment to Realize Online, the works defined in this quote will be entered into production schedule as time and resources allow.
If the Client defaults on the payment for invoices issued to them by Realize Online if the Client otherwise fails to pay their account with Realize Online as per the terms under this agreement, Realize Online reserves the right to suspend services and to apply administrative fees of $150.00 (+ GST) per hour, plus any other costs that may have been incurred, to reactivate the services.
Unless otherwise agreed in writing, hosting fees, SEO (Search Engine Optimisation) fees, Digital Marketing service fees and all service fees charged, unless otherwise specified, are non-refundable for the term / service / product paid for by the Client.
Realize Online will not issue refunds. Realize Online reserves the right to fix or repair to complete any task, service, job or project as an alternative to offering a refund. Realize Online reserves the right to determine if a repair or fix or further work to complete any task, service, job or project is required or necessary.
If the client chooses to discontinue the services supplied by Realize Online and the Client has paid all monies owed to Realize Online, Realize Online will assist or support the client to transfer their Domain Name to another provider/agent if requested to do so by the Client but will not do the actual transfer on behalf of the Client unless otherwise agreed to in writing. Charges to the Client may apply if the work required or requested to complete the transfer goes beyond or outside the standard domain transfer approvals processes.
Realize Online may choose to discontinue services if an amount payable to Realize Online is overdue or to take down a website permanently or suspend a service to a Client in any case where an amount payable by the Client to Realize Online is overdue by more than 30 days. In any such event, the Client remains liable for the total cost of the outstanding invoices including all disbursements; unless otherwise agreed in writing between Realize Online and the Client.
Realize Online may terminate any agreement immediately if the Client breaches any of these Terms and Conditions, or if the Client is going into insolvent liquidation, or if the Client is a person who is declared bankrupt.
Ownership of the product remains with Realize Online until payment in full is made to Realize Online by the Client unless otherwise agreed to in writing.
Realize Online reserves the right to discontinue services and terminate the Client at the sole discretion of Realize Online where Realize Online provides the Client notice in writing of said termination.
Upon default by the Client in regard to any obligation under their agreement with Realize Online and where the Client fails to rectify the default after notification by Realize Online, the Client authorises Realize Online to notify any debt collection agency of the default and charge said debt collection agency with collecting the outstanding debt owed to Realize Online by the Client.
Should this occur then at Realize Online's sole discretion it may terminate the quote and/or service being provided to the Client at which time the full outstanding balance for the remainder of the minimum term in the relevant quote agreement shall be due in full.
Realize Online at its sole discretion may choose to apply to VCAT (Victorian Civil and Administrative Tribunal) https://www.vcat.vic.gov.au/ to have a legal ruling handed down by a judge on whether or not the Client is required to pay Realize Online any money to Realize Online relating to overdue invoices and/or costs or time lost by Realize Online in the process of pursuing payment for overdue invoices from the Client. Realize Online reserves the right to invoice the Client for amounts at the discretion of Realize Online for additional debtor administrative processing of the debt and debtor management time incurred by Realize Online relating to the matter for the respective Client.
Further, the Client authorises Realize Online to add to the outstanding debt a fee of $600.00 (excluding GST) for administrative processing of the debt plus an amount equivalent to 20% (excluding GST) of the net outstanding balance (being Realize Online expenses reasonably incurred in collecting the debt) upon initial referral to a debt collection agency.
DIRECT DEBIT AGREEMENTS:
Direct Debit agreements may be offered to a Client on a minimum term or no minimum term basis,
Clients may be instructed or required to pay an initial payment on the listed date and for the amount specified on the Service Agreement. Debits then commence on the defined or listed day of every month (or as per the individual Direct Debit Request agreement).
Should the client want to end their Direct Debit contract before the agreed minimum term as agreed in the Direct Debit Request Service Agreement with Realize Online and with Realize Online, the client is liable to pay immediately the full outstanding balance for the remainder of the minimum term plus any debt collection fee and charges as per the "Debt Collection" clause.
No Minimum Term:
Direct Debits continue ongoing month to month indefinitely until cancelled. Clients may request to cancel their Direct Debit agreement at any time. Clients must give 10 business days' notice prior to the next direct debit date when cancelling a no minimum term agreement.
Where the service / work has already been supplied and/or completed, the relevant direct debit charge due for that service / work all payments will continue to be charged and collected from the Client until the required minimum amount due has been paid to Realize Online.
Cancellation of a Direct Debit Request Agreement:
Should the Client decide to cancel their Direct Debit Request agreement with Realize Online before the minimum term has been completed as agreed in the Direct Debit Request Service Agreement with Realize Online / PeopleHub, the Client is liable to pay the full outstanding balance for the remainder of the minimum term to Realize Online plus any debt collection fees and charges as per the "Debt Collection" clause herein.
Rental Website - Definitions:
Rental Website: A website owned by Realize Online that is leased to a client. A rental website is controlled and serviced by Realize Online.
Rental Plan: The agreement between Realize Online and the client regarding the website that is to be rented to the client for their use and benefit for the duration of the rental period.
Rental Period Minimum Term: The defined duration of the minimum agreed term of the rental plan as noted in the website proposal / quote and project brief provided to the client.
Rental Website - Terms and Conditions:
Rental Website - Ownership of a Rental Website:
The control and code of all rental websites remains the property of Realize Online throughout the rental period until such a time as when the website is purchased by the Client at which point the ownership of the website and the code is transferred to the client.
This control includes cPanel, hosting admin, MySQL or FTP access which Realize Online does not provide to Clients under any circumstances.
Rental Website - Ownership of Website Content:
The ownership and copyright of the website content including all text, images, multimedia as supplied by the Client remains with the Client at all times unless otherwise bound by these Terms and Conditions or unless otherwise agreed to in writing.
Rental Website - Rental Plan Expiration and Termination Options:
At the expiration of a rental plan, the Client may choose to continue to rent the website on a month to month term with no further fixed terms by continuing to pay the pre-existing monthly rental fee.
Or, the Client may choose to cancel the rental plan upon completion of the defined rental period minimum term and terminate the website and the associated hosting by providing 14 days written notice to Realize Online requesting said termination.
Or, the Client may choose to purchase the rental website outright and take full ownership and control of it.
Rental Website - Purchasing a Rental Website:
A rental website can be purchased after the minimum rental plan has been completed and paid in full. The rental plan can be paid out in advance bringing the rental plan to a close and making the website available for purchase.
The purchase price of a rental website is defined by the original project build purchase price less the following discounts:
1st Year = less 15%
2nd Year = less an additional 10%
3rd Year to 10th Year = less an additional 10% per year compounding
After 10 years rental, the purchase price will be zero dollars and will be owned by the client at no additional cost excluding hosting fees.
A $10,000 website has been rented for 3 years and the client wants to purchase it:
Original Project Build Purchase price = $10,000
– 15% (after year 1) = $8,500 (+ GST to purchase this site outright)
– 10% (after year 2) = $7,650 (+ GST to purchase this site outright)
– 10% (after year 3) = $6,885 (+ GST to purchase this site outright)
Realize Online is the copyright owner of all works created or developed by Realize Online for a Client unless otherwise agreed to in writing. When payment for the product or service is made in full by the Client for the product or service, the Client is licensed to use the product or service for its intended use within the context of their business and the product itself. However, the Client is restricted from selling the product or promoting the product as their own unless otherwise agreed to in writing with Realize Online.
Realize Online claims no intellectual property rights to works created by any third party designers or developers that may be used from time to time, such rights remain with the relevant third party.
As a creator of copyright material, Realize Online has the following rights:
• To be attributed when its work is used or displayed;
• Not to have its work falsely attributed to someone else, nor to have the altered work attributed as if it were unaltered; and not to have the work treated in a manner that would prejudice Realize Online's honour or reputation.
INTERNATIONAL LICENSING REQUIREMENTS:
The Client agrees that Realize Online may display its own copyright and intellectual property notices on any websites or works produced or developed by Realize Online and the Client (nor any third parties engaged by or related to or connected to the Client) must not remove, obscure, deface or alter such copyright and intellectual property notices except by agreement in writing with Realize Online.
The Client agrees that in the provision of any services by Realize Online that Realize Online may utilise the services of third party contractors or partners at its sole discretion and that Realize Online may share confidentially with such contractors any information or materials, including designs, briefs, notes, or data provided to Realize Online by the Client.
In the event any material necessary for the production of the project must be passed on to a third party, Realize Online will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.
Realize Online may accept to maintain and secure a website that is not hosted by Realize Online's third party. In that case, the Client will refer to Realize Online fees and charges for the requested services.
AGREEMENT NON EXCLUSIVITY:
The Client acknowledges that Realize Online is providing services to the Client on a non-exclusive basis and that Realize Online may provide services and products of the same or of a similar nature to any other party or Client (provided that in doing so it does not breach privacy).
Realize Online shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any items unless specifically agreed otherwise. Further, Realize Online shall be free to use any ideas, concepts, know-how or techniques acquired in completing any task, service, job or project for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services or applications and other items incorporating such information unless specifically agreed otherwise.
Realize Online retains the right to use the completed works and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and its own portfolio. Where applicable the Client will be given any necessary credit for usage of the project elements.
WARRANTIES & LIABILITIES:
Realize Online provides a limited warranty for websites and web development and systems that are developed and designed by Realize Online. This warranty is valid for up to 90 days from the date of launch of the website or the job or the system or from the date that Realize Online determines that the website or job or system is ready to launch unless otherwise agreed to in writing between the parties. This limited warranty applies to works performed by Realize Online that are "in scope" as per the quote agreement or that are clearly specified in the applicable written quote.
Where applicable for any bug or problem or fault with the noted or reported function or element that is covered by this limited warranty where the function or element is deemed to be "not working" or “incomplete” when assessed by Realize Online against the project scope or the written quote specifications, Realize Online reserves the right to "fix" the bug or problem or fault in the website or system or job at no cost to the Client where Realize Online determines that the bug or problem or fault is because of recently completed works performed improperly or incompletely by Realize Online during the execution of the works in question.
This warranty is voided if the Client or a third party acting on behalf of the Client is issued with FTP or Shell or MySQL or similar access to the website / system / hosting / code or the relevant hosting control panel by Realize Online.
This warranty may be voided if a Client or a third party acting on behalf of the Client installs any extensions or plugins or additional software into the website or system or hosting without the express written permission and approval of Realize Online.
This warranty does not include any issues or faults or incompatibilities that are caused by third party software, systems, extensions, plugins or similar.
Website and Website Jobs, Extensions, Enhancements:
Realize Online will ensure that any website or web based application or website job developed by Realize Online will display and function correctly at the time of the development of the website / application / job being completed and being ready to "go live" when viewed with the current versions of the following internet browsers; Google Chrome, Mozilla Firefox and Apple Safari, unless otherwise agreed in writing.
From 1st May 2019, any support for the Microsoft Internet Explorer and Microsoft Edge browsers for either display or functionality will be considered custom work and outside of what is Realize Online will ordinarily cover and include in a website project or website job to "be compatible with main website browsers". Realize Online will provide when asked by a Client or as offered to a Client to quote the extra work required to make a website project or job compatible with the Microsoft Internet Explorer and Microsoft Edge browsers for display and functionality.
Any warranty or guarantee provided by Realize Online for a website is conditional upon the website being hosted by Realize Online on hosting servers run and operated by Realize Online where Realize Online has full access and the Client, or third parties of the Client, does not have any access to the hosting server and/or the hosting control panel for the hosting server or any access to change the code or the related database(s).
Any warranty or guarantee provided by Realize Online for a website is rendered null and void if the client or any other third party accesses the website or the relevant website server via an FTP connection or hosting control panel or similar.
Any warranty or guarantee provided by Realize Online for a website is rendered null and void if the website or application or the relevant website server is hacked or otherwise compromised by malware or any similar action.
Realize Online can offer no guarantee of correct function with all browser software in future releases of any internet browser or ongoing backwards compatibility with old versions of a browser software. However, Realize Online will offer and provide a quote for services to modify the website or application (where possible) to cause the site to correctly display and/or function and/or correctly render in the changed version of a specific internet browser or device.
Where any Client or agent or party acting for or on behalf of the Client acts on or in the website or system that causes disruption or error to the website or system, Realize Online is not liable and the Client will be liable for any and all costs associated or incurred with fixing the error or disruption.
Search Engine Optimisation (SEO) services:
Whilst Realize Online will provide it’s best efforts to improve the keyword ranking position and visibility in search engines like Google of the Client's website in the search engine results in response to a search request, we do not warrant that this effort will be successful nor can Realize Online warrant the time that the position a search engine will be held.
Realize Online cannot be held responsible for any changes to the position of the Client's website in the search engines results pages pursuant to the provision of search engine optimisation services by Realize Online.
Copyright and Intellectual Property:
Realize Online is not responsible for the contents and data of any website we design for a Client. And upon publication of a Client’s website, the Client must satisfy themselves that the website will comply with all applicable laws and codes of practice governing the use of websites and related services. This includes the intellectual property and copyright ownership of all material that the Client has provided to Realize Online for publishing into the respective website for the Client.
Realize Online is similarly not responsible for the Client's subsequent use of the site and compliance of various Commonwealth and State legislations.
Realize Online is not responsible for the Client's choice of domain name and the legal consequences that the domain name use could occur relating to the Trademark and Competition or the AuDa governing laws.
Client's Third Party:
Realize Online is solely not responsible for the performance of the product or service if the Client installs or orders another third party to install anything such as software that would alter or damage the website and its functionality. Furthermore, the Client may be liable for charges or fees incurred by Realize Online for the repair of any product or service if the Client or their third party installs any unapproved software into the product or service supplied by Realize Online
Data and Proofing:
Realize Online shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client.
Realize Online is not responsible for nor can it be held liable for any errors contained in the final product after the final product is published.
The final responsibility for any content or materials published on a Client website or application or marketing systems of that of the Client.
Realize Online cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the Client and Realize Online reserves the right to refuse use of any such material unless proof of permission is provided if or when requested of the Client by Realize Online.
Realize Online shall use reasonable endeavours to provide continuing availability of the hosting server(s) and the services related to it but Realize Online shall not, in any event, be liable for service interruptions or down time of the server(s).
Realize Online operates and provides hosting servers that are delivered as a managed service which are ordinarily restricted from Client access or third party access to said hosting servers.
Realize Online does not ordinarily provide Clients or third parties with access to the hosting servers in any of the following methods or means; FTP, CPanel, WHM, Shell or via any other similar means or method. That if a Client formally requests and is provided access to their hosting server by Realize Online, upon receipt of said request, via FTP or any hosting control panel, this will void any warranty or guarantee provided by Realize Online.
Realize Online will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by its agents.
Managed Hosting Services 1st Level Support:
All CMS or ecommerce websites hosted by Realize Online may include up to 1 hour per calendar month of 1st level support, depending on the hosting plan agreed to by the Client, which includes standard tasks on the hosting control panel such as setting up email accounts or domain name parking. It also includes general support for standard tasks and functions in the CMS or ecommerce system.
If the support time is not used in any given month, the included time expires at the end of the month and does not roll over to the subsequent month.
Some hosting plans do not include additional hours of 1st level support unless otherwise agreed to in writing.
Any 1st level support provided in a given calendar month that exceeds the included support time will be charged at the standard hourly rate applicable.
In no event will Realize Online be liable to any party including the Client for any indirect, punitive, special, incidental or consequential damage or loss, financial or otherwise, in connection with or arising out of these Terms (including for loss of profits, use, data, or economic advantage), regardless of how it arises. The client will indemnify Realize Online from and against any claim by any party claiming any such damage against Realize Online.
Realize Online will not be liable for any costs incurred or compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by Realize Online or its agents / third party partners.
Realize Online will ensure that any website or application will function correctly on the server to which it is designed and developed to be operating in or on.
Realize Online can offer no guarantee of correct function with all browser software including future releases as the browser software changes from time to time based on the browser manufacturers standards and practices.
Realize Online may from time to time and without notice or liability to the client suspend any of the services if the reason for doing same is an event beyond the reasonable control of Realize Online.
Realize Online will not be liable or become involved in any disputes between the site owner and their clients / customers. Realize Online cannot be held responsible for any wrongdoing on the part of a site owner.
These terms and conditions and any agreement entered into by Realize Online or service provided by Realize Online that arises in a dispute or legal matter shall be governed by and interpreted in accordance with the law for the time being enforced in the State of Victoria, Australia, and each party submits to the jurisdiction of the State of Victoria, Australia.