privacy policy and terms of use

Privacy Policy
Off The Edge Design respects your privacy and is committed to protecting your personal information that you provide to us. This statement explains our policies and practices regarding the use and disclosure of your personal information by Off The Edge Design. Please note that, Off The Edge Design reviews and updates this Privacy Policy from time to time as needed without notice. Therefore, you should review the terms of this policy periodically to make sure that you are aware of how Off The Edge Design collects and uses personal information. By using our web site, you consent to the collection and use of your personal information by Off The Edge Design as explained below.

Personal Information
You have complete control over your personal information. In general, you can visit our web site without providing us with any personal information. However, there are instances where we must have your personal. This information may include registration data (your name, address, email address, phone number, title, etc.), information request data and response data ("User Information"). When you receive your confirmation email or when you receive any email from the list server, you will be given instructions on how to remove yourself from the list.

Use of User Information
We intend to use such information for purposes of supporting you and your employers relationship with Off The Edge Design by designing a web site content that is suitable to your needs and alerting you to new products and services as they become available. This User Information may be retained by Off The Edge Design to verify compliance with the agreement between Off The Edge Design and your employer, to keep track of the domains from which people visit us, to create a user profile to better serve you and your employer, or to simply contact you either electronically or otherwise. If you decide that we should not use your personal User Information to contact you, please let us know and we will not use that information for such purpose. However, please do not submit any User Information if you are less than 18 years of age.

Disclosure of User Information
Off The Edge Design does not sell, trade or transfer User Information to third parties. However, we may share User Information with our business partners for marketing, advertising or product/service offering purposes. We also disclose User Information if: we have your consent; we need to share it in order to provide you with the products and/or services you requested; we respond to a court order or you violate our Terms of Use. You may separately agree to provide your personal information to third parties that provide content for Off The Edge Design, in order to access and/or use their products and/or services. If you agree to provide such information to these third parties, then your personal information will be subject to their privacy policies.

Accuracy and Security
The accuracy and security of the User Information is important to Off The Edge Design. Currently, you may review and request updates to your User Information retained by contacting Off The Edge Design. If you contact us to correct your User Information, we will attempt to correct such inaccuracies in a timely manner. Off The Edge Design is concerned with the security of your User Information and is committed to taking reasonable steps to protect it from unauthorized access and use of that personal information. To that end, we put in place the appropriate physical, electronic and managerial policies and procedures to secure your personal User Information. We also continue to implement procedures to maintain accurate, complete and current User Information.

Cookies
A cookie is a small data file that a web site can transfer to a visitor's hard drive to keep records of the visits to such site. A cookie contains information such as your username and password, but the only personal information a cookie can contain is the information that you provide yourself. A cookie cannot read data off of your hard drive or read cookie files created by other sites. Information stored in cookies may be encrypted, however, we do not store your credit card number in cookies. If you prefer not to accept a cookie, you can set your web browser (Microsoft Internet Explorer or Netscape Navigator) to warn you before accepting cookies or you can refuse all cookies by turning them off in your web browser. However, access to some of our secured web site(s) may require the use of cookies, which you must enable only cookies that get sent back to the originating server. Otherwise, you can still access most of the features on our web site even without accepting a cookie.

Terms of use

Preamble
All work carried out by Off The Edge Design is deemed to be carried out under the following terms and conditions which are also publicly available on the company website. These apply to the exclusion of all other terms and conditions unless stated otherwise in any covering correspondence. These terms and conditions do not affect your statutory rights. It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client allows work to proceed and makes the initial payment then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Definitions
In these terms “we/us/our” means Off The Edge Design “you” means the Client, whose details appear on this proposal.
The “Contract” means the agreement between you and us based on this and supporting documentation.
The “Website” and “Software” means the services to be provided under this Contract.

Variation
These terms will remain valid for acceptance for 28 days from the date of issue.
After acceptance Off The Edge Design reserves the right to amend these terms on each anniversary of the agreement subject to giving you 28 days’ notice. If you have any uncertainties about these conditions as they might apply to you or your project, it is your responsibility to clarify the situation by contacting us before the project gets under way.

Content

• It is your responsibility to provide us with the required information about your business. Off The Edge Design takes no responsibility for errors in content supplied by you for the web site. Any changes thus occasioned may be chargeable.
• Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the site. No refund will be made in the event that you fail to provide sufficient content to complete the web site.
• All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied as jpeg, gif or Photoshop format. Text should be supplied as a Microsoft Word or ASCII text file. Failure to supply material in digital format may result in extra charges being made for processing content for use on your web site. Where the content which is provided is in a form where a sizeable amount of copywriting is required, a further charge may be made.
• You grant Off The Edge Design permission to utilize logos and any other company identity for the purposes of creating the website.
• You agree to indemnify Off The Edge Design from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied.
• A design credit with a link to the Off The Edge Design website will appear on your web site.
• You should provide Off The Edge Design with copies of your terms and conditions and any privacy statement that you wish to be incorporated into the design.
• In the event that a website is unable to be completed by Off The Edge Design because of lack of text and/or pictures, then text will be added using “lorum ispsum” filler text and pictures using appropriate library pictures. At this point the website will be considered completed and invoiced accordingly under our standard payment terms. Final text and pictures will be added when these are produced by the Client at no additional cost.

Design

• We will provide you with our estimated timescale for progress and completion of the project and will use reasonable endeavors to meet those timescales (as long as you perform your obligations promptly
• Any quoted dates are our best estimates only and we cannot guarantee 100% that they will be met.
• We shall have no liability to you nor be deemed to be in breach of this Contract if we are delayed in performing or unable to perform any of our obligations under it due to circumstances beyond our reasonable control.
• Any design issues will be assessed against the standard of PC based internet viewing at 800 by 600 and 1280 by 1024 screen resolutions viewed in both Internet Explorer 7 & 8, Safari 5.0.1 and Firefox 3.06.13 unless we agree otherwise in writing.
• Off The Edge Design will use the most appropriate technology in the development of the site.

Acceptance

Acceptance procedure will be as follows:
• The timescale for the development of this project is indicated in the testing milestones/payment/sign off schedule attached.
• A URL will be provided for the Client to examine and test the website and software to make sure it functions as anticipated and in accordance with this Agreement.
• The Client is required to complete the acceptance test schedule attached, Sign Off and accept at each milestone within 7 working days of being notified that the milestone has been reached.
• An electronic version of the Acceptance test schedule will be provided for the Client to complete and email to Off The Edge Design, receipt of this will comprise sign off.
• The Client is expected to have tested that the website and software is performing to their own satisfaction and checked the source data before authorising the project to go live.
• The project will not be made live until the final payment has been received.
• After launch, a 90 day warranty is provided to allow for further comprehensive testing under operating conditions.
• Any further changes other than of a minor nature are then chargeable.

Changes Requested

• If the Client requires any changes to be made to the original design and specification they must notify Off The Edge Design by email or letter
• Off The Edge Design will notify the Client in a formal Change Request if there will be any charge for the additional work
• If the Client accepts the terms of the Change Request they should notify Off The Edge Design by email or letter

Payment

• An initial deposit payment will be required for the delivery of the Website Services Agreement document covering the agreed Specification, Scope of Works, timescale, acceptance testing and terms and conditions. No work will commence until this initial payment has been made, and this payment is normally non-refundable unless there are extenuating circumstances, in which case a partial refund may be made at Off The Edge Design's discretion.
• The balance of all fees will be invoiced at agreed stages during the project on payment “due now” terms.
• All fees must be paid before the design and development work is handed over.
• Subsequent annual subscription or licence payments will be in advance on the anniversary of the initial payment.
• All fees referred to in the proposal and these terms are exclusive of GST which will be added and payable by you where appropriate.
• If payments are not received by the due date for payment (as stated in these terms and/or order form) you may be asked to pay us interest on the amount unpaid at the annual rate of 4% above the Reserve Bank of Australia base rate from time to time (without prejudice to any other remedy available to us).
• If payments are not received by us on the due date we reserve the right to suspend the our services until such time as payment is received in full (without prejudice to any other remedy available to us) with suitable allowances then being made to any timescales.

Ownership and Intellectual Property Issues

• You will retain ownership of copyright, trademarks and other intellectual property rights in materials that you provide to us for use in the design of your website.
• All copyright, trade marks, patents created, developed, subsisting or used in or in connection with the design or development of your website will be transferred to you on settlement of all outstanding sums due to us.
• All screen displays, graphics, domain names, content and the Look and feel of the site developed shall be transferred to you on settlement of all outstanding sums due to us.
• Off The Edge Design retains the rights to use any software, object code, digital programming, source code and the like developed during the course of the project. However you will be granted a perpetual, irrevocable, worldwide and royalty free transferable license for the use of this facility. This may be subject to the continuing payment of any fees agreed as part of the services to be provided under this agreement
• If Off The Edge Design is bundling or using any prior intellectual property that it owns and of which it wishes to retain ownership you will be granted a perpetual, irrevocable, worldwide and royalty free transferable license for the use of this facility. This may be subject to the continuing payment any fees agreed as part of the services to be provided under this agreement.
• Off The Edge Design will not transfer rights in any design or software work owned by a third party.

Hosting and Domain names

• Off The Edge Design will normally arrange hosting for the website and the annual subscription for this will be included in the initial quotation for the design.
• FTP access details to your website files can be issued on request.
• Off The Edge Design accepts no responsibility for web server downtime or interruptions to service caused by circumstances beyond our control.
• Off The Edge Design will advise Clients on selecting domain names and register these for them as requested at current rates, but cannot guarantee a certain name will be available.
• Off The Edge Design may make a charge of $50 for any administrative work associated with hosting or domain name transfers into or out of our facilities.
• Renewals are made automatically unless we are notified in writing 28 days in advance, but please note we accept no responsibility if a domain fails to be re-registered.
• Website hosting is payable annually, in advance. Hosting will be invoiced one month in advance and is due in the first month of each annual hosting period.
• Where payment for hosting is not made by the due date, Off The Edge Design reserves the right to remove the website from the internet. Alternatively Off The Edge Design may discretionally leave the website in place but with Google Adsense running on the home and other pages until such time as payment is received or Off The Edge Design is requested to remove the website from the internet.

Email

• If Off The Edge Design are responsible for arranging hosting then a POP3 email account with five addresses will be provided on the domain within the quoted costs (As an alternative forwarding to an existing email account elsewhere can be arranged).
• You will be given the appropriate user name and password details for each account and the incoming mail server name, along with written instructions for setting up the account in Outlook or Outlook Express.
• Off The Edge Design will not keep records of passwords
• Requests for changes to user/password combinations may be made by email or telephone and will be actioned within 24 hours.
• Off The Edge Design accepts no responsibility for email server downtime or interruptions to service.
• Email accounts must not be used for “spam” emailing operations.
• Once initially set up and operational, Off The Edge Design is not responsible for subsequent problems caused by the operating system of your computer. If you need to contact Off The Edge Design for such support this is normally chargeable at $1.00 per minute.

Promotion
Where Off The Edge Design undertakes promotion of the website through Search Engine placement no guarantee is given that rankings can be achieved on particular Engines. Resubmission will take place as and when we deem appropriate and may vary in frequency depending on the level of maintenance updates undertaken.

Warranties

• Off The Edge Design warrants that commencing from the date of acceptance by the Client and continuing for a period of ninety (90) days that the website and software substantially conforms to the Specification and the Scope of Works and is substantially suitable for the purposes for which it was designed. The terms of the Warranty are that during this period any errors or omissions will be rectified by Off The Edge Design at no cost to the Client. The Warranty does not apply if the website and software has not been operated in accordance with the instructions given by Off The Edge Design.
• Off The Edge Design makes no warranty that the website and software is totally error free or that the Client will be able to operate the website and software without any problems or interruptions caused by unforeseen problems or untested scenarios.
• Off The Edge Design makes no further warranties of any kind, whether express or implied, for the services it provides. Off The Edge Design also disclaims any warranty of merchantability or fitness for any particular purpose other than that covered by the 90 day Warranty.
• Due to the continual development of new techniques for intruding upon and attacking Internet based systems, Off The Edge Design cannot warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack. No liability will be accepted for the loss, corruption or theft of personal or financial information caused by deliberate and malicious intrusion or attack.
• Off The Edge Design will not be responsible for any direct, indirect or consequential damages that may result from the use of its services, including loss of data resulting from delays, non-delivery or interruption in service. You acknowledge and agree that Off The Edge Design cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond our control.

Support

• Off The Edge Design will provide telephone and email support for services we provide to you during normal office hours. Out with these times support by email only is available with a 24 hour response.
• Problems with the operating system and software on your own computer and your Internet connection are specifically excluded from this agreement.

Reservations

• Off The Edge Design reserves the right to withdraw services at any time without prior notice. In such circumstances Off The Edge Design will arrange alternative hosting and support services to ensure the ongoing hosting and functionality of the Client’s website.
• Off The Edge Design also reserves the right to feature customer websites and testimonials in future promotions without seeking prior consent.

Covenants

• Off The Edge Design will not during development or thereafter use the Client’s trademarks, logos or service marks without the Client’s express approval
• Off The Edge Design will comply with all applicable laws in connection with its activities
• Off The Edge Design will maintain satisfactory insurance and will provide proof of these policies if requested by the Client.

Disputes

• In the event of a dispute it shall be determined by an arbiter appointed by joint agreement between Off The Edge Design and the Client or, failing agreement, to be nominated by the Law Society of Australia.
• The decision of the said arbiter shall be final and binding on the Client and Off The Edge Design and no appeal shall be competent
• This Agreement is subject to the laws of Australia

Indemnity
All services may be used for lawful purposes only. You agree to indemnify and hold Off The Edge Design harmless from any claims resulting from your use of our service that damages you or any other party.

Liability

• Our total liability to you in contract or in tort arising in connection with this Contract shall not exceed the total price paid by you.
• We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss.

Standard charges
In the absence of agreed rates the following will apply for additional work:

• Clerical or data entry activity $400 per day per person
• Design or development activity $500 per day per person
• Senior management/programmer $600 per day per person
• Travelling and subsistence on a costs as incurred basis

Cancellation
If you wish to cancel your contract you are required to do so by registered post giving 60 days notice and cancellation will only be effective on receipt of such notice. If the design is not complete you will be required to pay the balance of our costs to date and loss of profit for the entire design. No refunds will be made for any part of any annual hosting and maintenance subscription remaining.
In the event of cancelling your contract, your website will be taken offline the day after the contract expires. Once all sums due have been settled, Off The Edge Design will cooperate with the smooth transfer of hosting of the domain and pass over ownership of any website files as requested.