HotPickle Web Design Terms & Conditions

For all HotPickle services including web and graphic design services, domain name registration and hosting, the following terms and conditions apply.

General

Your contract commences on your acceptance of the Terms, however, any minimum contract term which applies does not commence until your service is activated.

HotPickle reserves the right to refuse service and or access to its products and servers to anyone.

HotPickle reserves the right to suspend or cancel a customer's access to any or all services provided by HotPickle if the account has been inappropriately used or otherwise abused.

Individual accounts are not permitted to sell, resell, store or give away HotPickle services to other parties without written permission.

Upon HotPickle receiving the deposit the customer has 6 (six) months from payment date to supply and finalise the design brief or the account will be suspended. If customer's account is suspended for 6 months or more the account will be closed permanently and all monies will be forfeited.

All invoices will be sent to customers via email

It is the customer's responsibility to keep HotPickle up to date with their contact details.  

To provide reasonable access to employees, contractors and authorised representatives to carry out any work required for the commencement and ongoing provision of our products and services.

Cancellations & Refunds

All deposits and fees paid are non-refundable after the design brief is returned to HotPickle or after 21 days from the date of deposit. Refunds will be less an $50+GST admin fee.

Once authorisation has been signed off all fees are payable, no cancellations will be accepted and all services ordered must be paid for in full within 7 days.

If HotPickle terminates its services  due to cancellation by the customer or due to expiry, HotPickle can reinstall the website within a 12 month period at a cost of $195 + GST there are no changes to the website.

Cancellation must be notified in writing 60 (Sixty) Days in advance.

HotPickle products have a minimum contract term. If your contract is terminated before the end of this term, you will be required to pay fees, such as an Early Exit Fee. Early Exit Fees are set out in the pricing table for your Product in your contract. have a minimum contract term. If your contract is terminated before the end of this term, you will be required to pay fees, such as an Early Exit Fee. Early Exit Fees are set out in the pricing table for your Product in your contract.

If HotPickle is requires the services of a debt collector to pursue any overdue balance payment, a $100 + GST fee will be passed on to the customer and added to the customers invoice.  

Fees charged in advance and are non-refundable.

We may:

Refuse your subscription to any of our products and services without giving a reason for such refusal;

Suspend or terminate your subscription to any of our products and services, at our discretion.

Without limiting the foregoing, we may:

Suspend or disconnect you from our network, and discontinue providing our products and services to you, if you do not meet all of your obligations under our contract with you. If you entered a term contract agreement any associated minimum terms or disconnection costs may still apply, in addition you may have to pay a recommencement fee before you can use our network again;

Suspend or disconnect you from our network if a carrier suspends or interrupts its service to us in a way which affects our ability to provide our services to you;

Suspend or restrict a service in an emergency or whenever doing so is considered necessary to protect persons, systems or other property.

Our normal charges, as set out in our price list, will continue to apply during any period of suspension or disconnection.

Website Design & Graphic Design Support

The customer will supply a basic design brief along with any special fonts, copy, logos and colour schemes. HotPickle will produce two website design concepts, and a slight variation of each concept by email based on the customers specifications. The customer may request a reasonable number of changes to the concepts until the design is to their satisfaction, maximum of 5 (five).

Elements of the website designs remain the copyright of HotPickle.

All logo or special graphic design work created by HotPickle must be signed off before the website design is commenced.

HotPickle MYOB E-Commerce sites are self managed and HotPickle is not responsible for any copy, editing or updating of the products listed on the customer's website. HotPickle is under no obligation to do any work on your website unless contracted to do so.

If the website is hosted by HotPickle, the website account is allocated the standard relevant bandwidth and disk space and any additional usage is an additional charge. HotPickle will monitor your usage and if it is anticipated that your website may require more bandwidth/disk space your allocation will be increased. If additional bandwidth/disk space is required, the customer will be contacted and any further increase in bandwidth/disk space will be negotiated. HotPickle monitors  bandwidth/disk space usage of the hosted websites and does not take responsibility for any website going offline due to exceeding bandwidth or disk space.

Logo design customers will receive design concepts (depending on the package), by email based on the design brief. Customers can request a reasonable number of changes to their chosen concepts until the design is to their satisfaction, maximum of 5 (five) changes.

Sign off: when the design is completed the customer will receive the final graphic design files via email and CD in the mail.

Any further changes after sign off will need to be quoted and billed separately.

All HotPickle graphic designs once payment is received remain the copyright of the client.

HotPickle provides the artwork in a print ready format for the customer use. It is the customer's responsibility to check all copy, contact details, email, website addresses etc. HotPickle, or it's employees are not responsible legally or otherwise for any undiscovered errors on approved artwork. This includes, but is not limited to:

Spelling, grammar, colour problems, typing errors or oversights you have not located prior to printing. Please get your printer to provide you with a printed proof and thoroughly check the document and colours before printing.

The Customer warrants that it has the right to use the applicable trademarks, if any.

The deposit for HotPickle graphic designs work is due with order. The balance is due when the artwork has been signed off.

All HotPickle websites have a authorship logo that links to the HotPickle website. The footer link can not be removed.

HotPickle Business Website

HotPickle Business Website is a set price for design and build, then an ongoing hosting and support fee.

Deposit of 40% (Forty Percent) is due with order, the balance is due when the HotPickle Business Website has been designed, built and handed over to the customer

The HotPickle Business Website 12 month hosting and support period begins on the first day of the month the website is handed over to the customer.

This agreement will automatically renew after the life of the contract has ended or until cancelled in writing.

HotPickle reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.

Failure to pay the hosting and support fee on time will result in your website and emails being suspended.              

HotPickle MYOB E-Commerce Sites

Customers agree to a 12 (Twelve) month contract, from the date HotPickle hands over the website

Cost of the HotPickle MYOB E-Commerce Site is a set price for design and installation, then an ongoing monthly fee.

The deposit for website installation and design is due with order. The balance is due when the  HotPickle MYOB E-Commerce Site has been handed over to the customer.

The ongoing monthly fees are on an automatic debit basis. The auto debit payments begin on the 28th day of the month in which the website is  handed over to the customer.

This agreement will automatically renew after the life of the contract has ended until cancelled in writing. Fees are subject to change after this 12 (Twelve) month period with notice from HotPickle.

The Customer agrees that he or she has the necessary knowledge to maintain the HotPickle MYOB E-Commerce Site. The Customer agrees that it is not the responsibility of HotPickle to provide this knowledge or customer support outside of the defined service of the HotPickle MYOB E-Commerce Site support.

Failure to make ongoing monthly payments may result in your HotPickle MYOB E-Commerce Site and emails being suspended.

HotPickle Domain Registration

HotPickle does not guarantee the requested domain names are available or are able to be registered. No action in respect of your requested domain name(s) should be taken until you have been notified that your requested domain name has been registered.

Upon payment of domain registration the domain names will always remain the property of the Customer.

Disclaimer

HotPickle shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made by the Customer using HotPickle's server and or Web Services. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer.

HotPickle and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if HotPickle is aware of the risk of such damages, that result in any way from the Customer's use or inability to use the online services or the software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or the software.

HotPickle makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. HotPickle also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer or any other third party.

Information obtained by way of HotPickle is at the Customer's own risk, and HotPickle specifically denies any responsibility for the accuracy or quality of information obtained through its services.

HotPickle expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. HotPickle specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

The Customer expressly agrees that use of HotPickle websites and services is at the Customer's sole risk. Neither HotPickle, nor its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that the HotPickle service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the HotPickle servers, unless otherwise expressly stated in this agreement.

Under no circumstances, including negligence, shall HotPickle, its officers, agents or anyone else involved in creating, producing or distributing HotPickle services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the HotPickle website services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to HotPickle's records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on HotPickle's servers.

Notwithstanding the above, the Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Customer paid during the term of this Agreement and any reasonable attorney's fee and court costs.

Lawful Purpose

To comply with Australian and New Zealand law, and the laws of any other country that may apply. In particular, you agree not to use the products and services for any illegal, unlawful, or offensive act including:

 

Uploading or transferring any illegal or offensive material (including material that is injurious to others either through loss of dignity or physical harm);

Uploading, storing, or transferring any material that infringes copyright in a work without the permission of the copyright owner;

In any way causing, or helping to cause, the security or integrity of our or any other computer system to be compromised.

The Customer may only use HotPickle servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.

Indemnification

The Customer agrees that it shall defend, indemnify, save and hold HotPickle harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against HotPickle, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless HotPickle against Liabilities arising out of

Any injury to person or property caused by any products sold or otherwise distributed in connection with HotPickle's server

Any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party

Copyright infringement

Any defective product which the Customer sold on the HotPickle Server

For any loss of profit, or any consequential, incidental or indirect loss or damage suffered by you;

For any defect in the quality of the Internet services which can be attributed to equipment provided by you;

To the extent that any breach by us was caused or contributed to by your breach of these Terms and Conditions or by your negligent, fraudulent or unlawful act or omission;

For any access or alteration to, or loss, theft or destruction of data files, programs, procedures or information caused by any third party that has achieved access to the network.

Our liability under these Terms and Conditions shall not exceed:

The aggregate of the amounts billed to you (excluding GST) under our two most recent invoices immediately preceding the occurrence of the breach, in respect of any one breach; and

$1,000 in any twelve (12) month period, irrespective of the number of breaches in that period.

Governing laws

This agreement shall be governed in all respects by the laws of New South Wales, Australia. The parties are to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

This agreement shall be governed in all respects by the laws of New South Wales, Australia. The parties are to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

If a customer contravenes the HotPickle terms and conditions, HotPickle reserves the right to terminate the service immediately with no refund.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.