Payment Obligations: Full hosting payment after 1 month of accepting the quotation is required.  If in the event that the development process has delayed the live site, then hosting charges will be held over until the site is complete.  If the customer delays feedback, then hosting charges will commence after 1 month regardless of the status of the site.  Payment-due notices will be sent by electronic mail, unless otherwise requested by client. If payment is not received by the renewal date, your account will be terminated. Once your account is terminated, you will need to pay for the set up fee ($50) and the monthly fees to reopen the account. There is a $35 fee for bounced checks.

Renewals: Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to WK Digital (30) days before the renewal date that you do not wish to renew such account.

Cancellation: You may cancel at anytime. If you cancel after the first 30 days from the opening of your account, you will be obligated to pay all fees and charges accrued prior to the effectiveness of the cancellation. WK Digital will refund to you the prepaid fees for basic hosting for the full months remaining after effectiveness of cancellation, less any prior fees and charges, and an early cancellation fee of $100. Accounts that are terminated by WK Digital will not receive any refund. All cancellations must be received in writing as per the deadlines indicated; regular mail, e-mail and fax notifications are acceptable. Phone requests will not constitute acceptance of any cancellation. Cancellation request will reflect the day of your submission. Refunds will be issued back to you within 7-10 business days from your cancellation date.

Transfers: If you wish to transfer your hosting to another provider WK Digital can, upon request, download your site onto a CD and mail it to you. The cost for this service $80 per copy. FTP access to your site is not available for transfer purposes.

Fair Use Policy: We offer our clients using either shared server or dedicated server limited restriction on use of bandwidth. We reserve the right to determine ´fair use´ of this policy and should we incur excessive costs on account of misuse by the client, we will charge the client of the excess cost incurred.

Development Process

Initial Estimate Process:We offer a free offer to estimate for your design and development needs. This offer is extended under the consideration that you will have all your specifications ready and digitally deliverable for our team to assess. The initial process is designed to be undertaken remotely. If you require face to face meetings, as some larger outsourcing work will, then as part of our initial remote assessment, we will quote for travel time and associated costs, should you be seriously interested in engaging our services.

It is important to point out that our Estimate is in fact an estimate.  If in the event, during the discovery process, we identify that there are unforeseen challenges with the task we have estimated, WK Digital reserves the right to renegotiate the cost of the task.  We do this by clearly communicating with the customer where the limitations existed and then work on revisiting the price based on the new information that has been revealed.

Estimate finalisation:Once we have ascertained your requirements we will prepare a document brief with storyboards (blueprint) for your sign off.

Homepage Design – Once site design is signed off on (via email or written consent), design is considered approved. Any subsequent changes to design are billable at our standard hourly rate.

Navigation – Once site outline/map is signed off on (via email consent), site navigation is considered approved. Any subsequent changes to navigation are billable at our standard hourly rate.

Content – Provision of content is customer´s responsibility.

Text content – Content must be provided in digital form, unless copy is being developed by WK Digital. Transcription of non-digital content is considered billable, unless otherwise provided for in customer´s contract. Clients should provide proof-written copy. Two rounds of revisions will be provided free of charge. Subsequent revisions will be billable at our regular hourly rate.

Copy development – Development of website copy is billable at our regular hourly rate. Development of copy is accomplished via WK Digital discussing with the client about the topic areas to be addressed on their web pages. WK Digital then composes appropriate copy, submits to the client for review, edit, and approval. Approved copy is then posted to the web pages.

Graphical content – Images outside of the website design must be provided in digital form or in a form that can be easily scanned, unless otherwise provided for in customer´s contract. Subsequent revisions will be billable at our regular hourly rate.

Timeframe – Each website will be designed to the unique specifications of our clients. Some standard websites have defined ours, but the timeframe cannot be truly ascertained until we complete the blueprint. The payment terms of each project will be different. The size of the project will determine whether a 50% initial deposit will be required, with balance of 50% payable prior to delivery or whether a mid-project progress payment of 25% is required with the final 25% due prior to delivery. This will be defined in the quotation document.

Database Implementation – Entry of data for database applications is considered client´s responsibility. Entry of data by WK Digital is billable, unless otherwise provided for in customer´s contract.

Email – We offer free domain-based email accounts to our clients.

Training – Training can be provided at clients request and is billable under our hourly rate.

Technical Support

WK Digital will provide 24 hour support for all emergency related issues (which consist of website up-time and critical website functionality).  White Knight will also take responsibility to fix, at WK Digital’s cost all associated issues with the software that we provide, limited to areas where modifications at customer request have taken place.  In the event that we have an issue outside of areas modified by us on open source software, rectification will take place at the customers cost.

Customers who host with us are provided with a service level agreement that consists of the following:

In the event that we are requested to provide additional work, that was not adequately outlined in the original scope of works, this will attract an hourly charge for support.  Under our dispute resolution policy (available upon request) there will be some measure of good will in the event of grey areas within the original scope where we will aim for an amicable outcome of 50/50 share of costs associated with additional work requirements.

The client will be responsible for costs associated with travel and time for any consultation, this is not included in the monthly support agreement.

Any change requests exceeding scope of works, or our service level agreement will attract an hourly charge.

We have a number of mediums for our customers to procure support. For service requests, we provide an easy to use help desk via our Contact Us page. Customers can log in and create a service request and specify the priority. We offer 24/7 phone support and business hours phone support. Out of scope work will be billed in accordance with our hourly rate.

Project Management – We track all our projects in a sophisticated project management system. This allows us to provide an accurate, real time, update to our clients at any stage of the project lifetime. This ensures that we can provide a highly competent level of service and track and additional requests that a billable over and above the contract specified rate.

Intellectual Property

• All creation files remain the property of WK Digital and its partners unless otherwise agreed.
• WK Digital retains the Copyright in and the right to use all artwork created in advancing the profile of WK Digital and to be recognised for artwork created by WK Digital, unless otherwise agreed.
• WK Digital shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any item from your Web Page unless specifically agreed otherwise. Further, WK Digital shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.

WK Digital observes Privacy Laws and Guidelines relating to personal data

Development Process Payment Obligations, Renewals, and Cancellations

The deposit paid to WK Digital covers the cost of design work carried out. It is not possible to refund a deposit once WK Digital has sent the first design to the Client. WK Digital reserve the right to decide whether a refund is applicable if requested by the Client for any reason. A refund is not guaranteed by WK Digital, but possible providing WK Digital decides upon this option. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been canceled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Phone requests will not constitute acceptance of any cancellation.

Domain Transfers

For domains not originally registered with us there will be a transfer-in / transfer-out fee.

Non-Domain-Based Troubleshooting

WK Digital maintains and troubleshoots the websites we develop for our clients, as well as any domain-based email accounts of those websites. We do NOT assume responsibility for upkeep or provide non-billable troubleshooting on our clients’ ISPs (Internet Service Providers), ISP-based email accounts (name@bresnan.net, name@3rivers.net, etc), your home or office internet connections, or any other non-domain-based issues outside WK Digital’s realm of service. Provision of non-domain-based troubleshooting services will be billable at our normal hourly rate.

Warranties And Liabilities

We do not warrant that:

• The Services provided under this agreement will be uninterrupted or error free.
• The Services will meet your requirements, other than as expressly set out in this agreement or
• The Services will be free from external intruders (hackers) or other persons having unauthorised access to the services or systems of WK Digital.

Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies any term into this agreement, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, our liability for any breach of the term will, if permitted by that statute, be limited, at our option, to the resupply of the services again; or payment of the cost of having the services supplied again.

WK Digital will not be liable to the Client for:

• any loss or damage in respect of the provision of the Services
• Any costs, claims, loss or damage of any kind resulting from the fraudulent, negligent or otherwise unlawful behaviour of the Client
• Any costs, claims loss or damage arising from any information, data or other material provided to WK Digital by or on behalf of the Client.

You warrant that at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced

you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the Server does not contain any computer virus and will not, in any way, corrupt the data or systems of any person

You will keep secure any passwords used to upload data to the Server and you hold and will continue to hold the copyright in the Client Data or that you are licensed and will continue to be licensed to use the Client Data.

You accept responsibility for all information and material you issue over any Service, and indemnify us and hold us harmless against any liability in relation thereto. In particular you undertake that you shall not publish or issue any information that is illegal or defamatory. You also acknowledge that we do not vet or approve any information or material available through the Service and that we do not accept any liability. To the full extent permitted by law you access and use such information and material at your own risk.

You agree to abide by our Acceptable Use Policy and you agree that its terms form part of this agreement between you and WK Digital.

You are solely responsible for dealing with persons who access the Client Data, and must not refer complaints or inquiries in relation to such data to us.

We are not liable to you or any other person for:any cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the Service; the content, context or confidentiality of any communications made using the Service; loss or damage caused by third party software applications forming part of the Service.

You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:

Your breach of these terms, your use or misuse of the Service and the use or misuse of the Service by any person using your account, publication of defamatory, offensive or otherwise unlawful material on any website forming part of your Service

Suspension And Termination Of Service

We may from time to time without notice suspend the Service or disconnect or deny your access to the Service: during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or if the Customer fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in our opinion may have the affect of jeopardising the operation of the Service. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.

WK Digital may without notice to you remove, amend or alter your data upon being made aware of: any claim or allegation; or any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party´s rights.

We may end our agreement with you and cease providing Services for any reason, on 30 days notice to you. You may close your account with WK Digital on 30 days notice to WK Digital.

Before closure of your account with WK Digital, you may access your Client Data for the purposes of reproduction or backup at any of the resources provided for in operational service agreements. WK Digital is not obligated to provide Client Data in any format other than those normally accessible from the resources mentioned above. Upon closure of your account with WK Digital, all services will be terminated and all Client Data will be deleted from WK Digital systems. WK Digital is not obligated to restore from backup or otherwise provide Client Data after termination of service. If your account is closed you must pay all outstanding charges immediately.

How you can contact us

If you have questions about either Privacy Policy, please e-mail us at info@wkdigital.com.au.