Terms of use: what you need to know.

These are the standard terms and conditions for website design rental plans and website development and apply to all contracts and all work undertaken by Rent-a-Website, a division of Select Marketing & Web Solutions.

1. Our rental plan fees and set up costs

   All rental plans are a minimum of 12 months. Within this period, the development of your website would be paid off. After the 12 months, there is no maximum period that you can continue on a rental plan for hosting, maintenance and updates on your website. You can also pay out the rental plan anytime within the 12 months. Simply ask us for the amount left on your plan. Full website ownership is not yours until the plan is paid in full.

   A setup fee of $199 to $250 AUD (depending on the plan you choose), as well as the signed rental agreement, is due within 7 days upon your instructing us to proceed with the website design and development work. The monthly rental plan fee will be directly debited each month for a min. 12 months when the work is completed to your reasonable satisfaction and the website has been launched online. We reserve the right not to commence any work until the set-up fee and signed agreement have been paid and returned to us.

   For a minimum of 12 months the per month plan fee will be directed debited from your nominated bank account. If you cancel at any time you will have to pay the agreed upon costs of the total 12 month plan.

2. Supply of materials

   You must supply all materials and information required by us to complete the work in accordance with any agreed specification within the Rent-a-Website plan chosen. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material that you would like included in the building of yor website. Where there is any delay in supplying any of these materials to us which leads to any delay in the completion of work, we have the right to extend any previously agreed upon deadlines.

   If you need help with site content, images, data, information and any materials required in the development of your website, depending on how much extra help is required there will be an extra cost above the agreed-upon rental plan chosen. Our hourly rate is $65 and any extra pages on top of what is included in the plan are $25 per page.

3. Copyright

   If you provide Rent-a-Website, a division of Select Marketing and Web Solutions with goods, material, photographs, film, data or information to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify Select Marketing and Web Solutions against any action taken against Rent-a-Website, a division of Select Marketing and Web Solutions by any such third party.

   Without limiting the generality of the foregoing, you agree not to infringe the copyright trademark, privacy or personal or proprietary rights of third parties, supply libellous, abusive, obscene material or disparage the products or services of any third party.

   Rent-a-Website, a division of Select Marketing and Web Solutions for its part hereby undertakes not to knowingly infringe the rights of third parties in activities conducted on your behalf.

4. Intellectual property

   All original creation files remain the property of Rent-a-Website, a division of Select Marketing and Web Solutions while you are on a Rent-a-Website plan.

   Rent-a-Website, a division of Select Marketing and Web Solutions 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, Select Marketing and Web Solutions 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.

   You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website development. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

   Rent-a-Website, a division of Select Marketing and Web Solutions observes Privacy Laws and Guidelines relating to personal data.

5. Variations

   During the devlopement of your website we are happy to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount, otherwise we may charge for additional design changes above and beyond the original design specification within the Rent-a-Website plan chosen.

   Our website development phase is flexible and allows certain variations to the original design specifications. However any major deviation from the website design specification will be charged at the rate of $65 per hour.

6. Project delays and client liability

   Any time frames or estimates that we give are contingent upon your full co-operation and the provision of all required information, content, images etc to complete the website development. During development there is a certain amount of feedback required in order to complete the project, so it is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the development and feedback process.

7. Approval of work done

   On completion of the website design you will be notified and have the opportunity to review it. You must notify us in writing via email of any changes you wish to make to the design within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, your website will be launched online. The work cannot subsequently be rejected and the contract will be deemed to have been completed and the monthly plan cost will begin to be direct debited on the launch of the website.

   We are happy to be felxible with clients within reason during the development of your website and expect that depending on the plan chosen, your website should be online within 2 - 4 weeks.

8. Licensing

   Once you have paid us in full for our work, which is the complete payment of the 12 month per month plan cost + the set up fee, we grant to you a license to use the website and its related software and contents for the life of the website.

9. Consequential loss or damage

   We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of the Rent-a-Website contract and development of your website, however that delay arises.

10. Subcontracting

    We reserve the right to subcontract any services that we have agreed to perform for you during the development of your website as we see fit.

    We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

11. Additional expenses

    You agree to reimburse us for any requested expenses which do not form part of the Rent-a-Website plan chosen but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

12. Ownership of domain names and web hosting

    We will supply to you account credentials for 1 domain name registration that is included in the Rent-a-Website plans and that we purchased on your behalf.

    We will retain ownership of the cPanel web hosting account while your website sits on the Rent-a-Website plan or any future maintenance plans.

13. Suspension of services

    Rent-a-Website, a division of Select Marketing and Web Solutions reserves the right to suspend services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us websites may be taken down until payment is confirmed.

    Rent-a-Website, a division of Select Marketing and Web Solutions may from time to time and without notice or liability to you suspend any of the services if the reason for doing same is an event beyond the reasonable control of Rent-a-Website, a division of Select Marketing and Web Solutions.

14. Termination

    Rent-a-Website, a division of Select Marketing and Web Solutions may discontinue rental services if an amount payable to Select Marketing and Web Solutions is overdue or take down a website permanently in any case where an amount payable is overdue by more than 14 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties.

    If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.

    Rental is available to approved applicants only and is then subject to terms and conditions. Rental is provided by Rent-a-Website, a division of Select Marketing & Web Solutions. The website at all times is owned by Select Marketing & Web Solutions within the rental period of 12 months, unless the buy out fee associated with this agreement has been paid by you, the renter within the 12 month term. After the first 12 month period when the agreement is at completion the website becomes the property of the client who signed the rental agreement, including if they choose to stay on one of the plan options for continued maintenance and updates.

15. Governing law

    The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Queensland, Australia. You and Rent-a-Website, a division of Select Marketing and Web Solutions submit to the non-exclusive jurisdiction of the courts in and of Queensland in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

16. Cross browser compatibility

    By using current versions of well supported content management systems such as “Joomla”, when building your website we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Firefox, Safari and Chrome. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found to ensure the responsiveness and user friendliness of your website.

17. E-commerce Rent-a-Website plans

    You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Rent-a-Website, a division of Select Marketing and Web Solutions and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

18. Search engine optimisation

    We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation, included in each rental plan option, according to current best practice.