By placing an order with Shockace, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions

Shockace will not be liable or become involved in any disputes between the site owner and their respective designer and cannot be held responsible for any wrongdoing on the part of the designe. eg. Any disputes regarding content / images that have been used by the designer in building the website and any copyright issues. If any matter arise, the client should contact the designer directly in order to dispute the matter and to resolve the matter. We cannot check the copyright status of the images used by the designers and all designers will be required to use their images provided they have the copyright or licenses.

Shockace will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Shockace will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

A deposit of 50% is required with any projects before any design work will be carried out. This figure may be higher for websites of an adult nature and is non-refundable unless the client requests refund on first design proof.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.


Database, Application and E-Commerce Development

Shockace cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

All work carried out by Shockace remains the property of Shockace until all outstanding accounts are paid in full.

Any scripts, programming code, CGI applications, PHP scripts or software (unless specifically agreed in writing) remain the property and copyright of Shockace and may only be commercially reproduced or resold with the permission of Shockace. Further, to protect the property and copyright all Shockace sites must be hosted on our servers. Our prices provide good value for money and we routinely benchmark against similar service providers.

Where applications or sites are developed on servers not recommended by Shockace, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by Shockace before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Shockace will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.


Compatibility

Shockace will endeavor to ensure that any developed / designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Shockace can offer no guarantees of correct function with all browser software.


Website Hosting

Website hosting includes secure hosting in our first class data centre and up to 10 email addresses loaded at the time of building the website.

Website hosting also includes secure access to our customer management system (CMS) which allows you to make changes to your listings and some text on your website.

Your website hosting invoice will show both of these items seperately.

Whilst every endeavor will be made to ensure that the hosting servers are always operational in good condition, no guarantees can be made as to the availability or interruption of this service by Shockace cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Shockace reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial and also to terminate the hosting service should the necessity arise.


Moves, Adds and Changes

All Moves, Add's and Changes that the Client requests OpenShop to perform are chargeable at the current OpenShop hourly rate times the number of hours taken to complete the work requested. An estimate will be provided to the Client which must be accepted in writing before any work commences. In some cases part or full pre-payment may also be required. OpenShop wil perform the Services requested with reasonable care and skill.

Payment of Accounts

A deposit is required from any new client before any work is carried out. It is the Shockace policy that any outstanding accounts for work carried out by Shockace or its affiliates are required to be paid in full, on the 20th of the month after the invoice is is sent unless another arrangement has been made with Shockace.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full.

If accounts are not settled or Shockace has not been contacted regarding the delay, the related website may be disconnected and a $45+GST reconnection fee will apply. If payment is still not received then we will then pass such cases to a professional debt collection agency or the Small Claims Court to pursue payment, which may effect the clients credit rating.

Following consistent non-payment of an invoice Shockace reserves the right to take ownership of the website that non-payment refers to.


Complaints Procedure

Informal procedure

Anyone who experiences a problem with their web service provided by Shockace should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

Shockace will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to Shockace, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

The Client  : The company or individual requesting the services of Shockace.

Shockace : Primary designer / site owner & employees or affiliates.


General

Shockace will carry out work only where an agreement is provided either by email, telephone, mail or fax. Shockace will carry out work only for clients who are 18 years of age or above. An "order" is deemed to be a written or verbal contract between Shockace and the client, this includes telephone and email agreements.


Website Design

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Shockace cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of Shockace until all outstanding accounts are paid in full.

Any scripts, CGI applications, PHP scripts or software (unless specifically agreed) written by Shockace remain the copyright of Shockace and may only be commercially reproduced or resold with the permission of Shockace.

Shockace cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to briefs provided will be carried out at the discretion of Shockace and where no charge is made by Shockace for such additions, Shockace accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to Shockace all materials required to complete the site to the agreed standard and within the set deadline.

Shockace will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Shockace will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes regarding content / images that have been provided to us for inclusion on the site.