Booth Communication's Standard Terms and Conditions are as follows:
1. Definitions
1.1. Agreement: These Terms and Conditions, as well as the Proposal (signed or unsigned), or verbal, written or email instructions to commence work.
1.2. Booth Communication : F.H. Booth & Sons Pty Ltd, the supplier of the web development solution, as well as any individual working for F.H. Booth & Sons Pty Ltd, shareholder or director.
1.3. Purchaser: The company, person or entity purchasing these services as listed in the agreement and signature page of the Proposal or otherwise indicated through the Agreement to commence work.
1.4. Package: Refers to the product, service, web development solution, website, system or whatever the Purchaser is purchasing from Booth Communication.
1.5. Payment: Any and all monies as well as the full amount of any contra services payable from the Purchaser to Booth Communication for the Service to be performed.
1.6 Proposal: Any document created by Booth Communication that contains an offer to do work including an overview of the work and the prices for such work.
1.7 Service: Website construction, design work, search engine optimisation, consulting, advice or any other service or product provision by F.H. Booth & Sons.
2. Property Ownership
2.1. The Purchaser owns, and is responsible for, all content inserted into the Package, including:
2.1.1. Graphics, including logos, images, templates, "look and feel" to the extent to which the Purchaser owns the Graphics prior to insertion onto the Package.
2.1.2. Text and intellectual property. The Purchaser warrants that it has full rights to publish all content on its website, and indemnifies Booth Communication against any and all claims from any third parties in respect to any content published on the Purchaser's site.
2.2. The Purchaser, upon full Payment, obtains a royalty free, perpetual licence to:
2.2.1. Own and operate the Package as developed by Booth Communication.
2.2.2. Develop, and continue to grow the Package, whether with Booth Communication or with any developer or programmer of the Purchasers choosing.
2.2.3. Resell the Package once only, at which time it transfers all rights and responsibilities to the subsequent purchaser.
2.2.4. Use any elements which are developed through open source licence or previously by Booth Communication that are used in the Package for no additional payment other than specifically agreed without affecting the licence or ownership of those elements.
2.3. Booth Communication retains the right to continue to sell, develop or otherwise use any elements used in the Package for example components built on open source.
3. Payment and Debt collection
3.1. The Purchaser guarantees full Payment for the Package.
3.2. Ownership of the Package only passes to the Purchaser when the final Payment has been received in full by Booth Communication.
3.3. If any costs are incurred by Booth Communication to collect outstanding Payment the Purchaser indemnifies Booth Communication Internet from those costs, eg. Legal expenses and debt collection fees.
3.4. In the event of non-payment of any monies from the Purchaser to Booth Communication, Booth Communication reserves the right to take down the website of the Purchaser until such time as the monies are repaid. The Purchaser acknowledges that it cannot challenge this and Booth Communication is not liable for any losses while the website is offline. If domain registrations or any other service lapses due to non-payment the Purchaser is liable for any costs in re-registering those services, if it is possible. The Purchaser is liable for all costs to get the website operational after being taken down, and indemnifies Booth Communication against any costs or losses due to this event.
3.5. In the event that the Purchaser takes longer than three months to provide feedback to Booth Communication at any time the Package is deemed to be completed and payment is due in full. There are no refunds in this instance.
3.6. In the event the Purchaser decides not to proceed with a Package after payment of the deposit the Purchaser can request that the deposit is transferred to a credit on their account for use on another project. This request must be made in writing or via email before three months after the payment was first made or 3.5 applies. Credit will only be made for any payment over and above the hours of work that has been used by Booth Communication towards the first project. Any remaining credit must be utilised within 12 months of when it was paid or it lapses. There are no refunds in this instance. Please refer to Payment Terms for other payment terms that apply.
4. Hosting
4.1. Where Booth Communication arranges for hosting of the Package:
4.1.1. It is inherent in how the internet is built that from time to time your website will be down. This is normal, and Booth Communication is not responsible for any losses the Purchaser may suffer, including lost sales.
4.1.2. Booth Communication may move your website hosting, for example when upgrading equipment.
4.2. The Purchaser warrants that it has full authority to publish everything on its website and indemnifies Booth Communication for any costs, liabilities or damages as a result of the Purchasers package. This includes copyright infringement, violation of any censorship laws and breach of any other laws.
4.3. Where Booth Communication does not arrange for hosting of the Package, the Purchaser recognises that the continued operation of the Package might be compromised by the third party hosting company. In that instance, if the Package requires service the Purchaser will be liable for the full extent caused by parties other than Booth Communication.
5. Timeframe
5.1. If the Purchaser would like to meet a timeline for the completion of the Package, they must agree prior to signing the contract for the site.
5.2. In any timeline, Booth Communication will only be able to complete the Package if the Purchaser supplies any and all required information prior to or at the times required under the timeline.
5.2.1. What normally happens is the Purchaser does not meet it's timelines for delivering all content.
5.2.2. This throws out Booth Communication carefully planned schedule to meet timeline obligations not just to the Purchaser but to all of Booth Communication's clients.
5.2.3. As such, if the Purchaser misses a delivery timeline the Package, even by one day, then goes to the back of the queue, and any of Booth Communication delivery requirement dates are suspended.
6. Service level
6.1. Booth Communication warrants that all services will be performed with due care.
6.2 Unless specifically agreed to in a written Service Level Agreement, there is no maximum time for Booth Communication to enact changes on any website, including correcting errors.
7. Support levels
7.1. Hourly rates
7.1.1. Normal rate is $125 plus GST per hour, with a one week guaranteed turn around
7.1.2. Priority rate is $200 plus GST per hour for same day turn around or for changes to be made after hours.
7.1.3. Express rate is $300 plus GST per hour for same day turn around or for changes to be made after hours
7.1.4. Emergency rate is $1,000 plus GST per hour for immediate turnaround
7.1.6. Rates will increase over time, Booth Communication reserves the right to do so without providing notice
7.2. Three Month Service Period
7.2.1. Booth Communication provides a free Three Month Service Period on the Package. Please use this time to ensure the Package works as per your requirements.
8. Jurisdiction
8.1. The Agreement is governed by the laws of the State of NSW, Australia. NSW Courts shall have sole jurisdiction in relation to any disputes arising in connection with this agreement.
9. Updates to these Terms and Conditions
9.1 Booth Communication reserves the right to change these terms and conditions without notification. As such, please bookmark this page and check it regularly.