Terms of Use

By agreeing to proceed with a website, hosting package, SEO service or any other project, you accept that this forms a contract with Nitro IT (ABN: 33 836 432 121) and the following terms and conditions. These terms and conditions should be read in conjunction with any quote and or tax invoice you have received from Nitro IT.


FINANCIAL ARRANGEMENTS

1. Nitro IT services are provided at our standard hourly rate of $80/hr. Unless otherwise agreed, web design packages include website design and build (see package variations) and minor SEO optimisations.  Where applicable, our 6 month free Care Plan service commences from the website go live.  
2. A domain name can be registered by us on your behalf or provided by you.  If you already have a domain name, we can arrange a free DNS transfer. Nitro IT will also set up an email hosting account if required (see package variations).
3. Website Hosting packages require full payment in advance prior to commencement.
4. A 50% deposit is required for all website development work.  Website development balance is payable when the website goes live.
5. All balances must be paid prior to login access being provided by Nitro IT.
6. Although Nitro IT reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.
7. Failure to make complete payments may result in your hosting account, website and emails or any other product or service provided by Nitro IT being suspended.
8. Additional extras such as graphic design work, layout changes, extra Wordpress plug-ins, additional functionality items etc. must be paid in full prior to commencement of work.
9. All receipts/invoices and reminder notices will be sent via email.
10. All payments must be received before the due date for any renewal.  This includes Domain Names and SSL certificates.  If they are not renewed prior to the due date, then they will expire and possibly attract additional fees to renew, or even be unavailable for renewal.  The client agrees that if the renewal is not paid and subsequently the product is not renewed, that Nitro IT will not be responsible for any downtime or loss of business as a result.


CANCELLATION & REFUNDS

1. All deposits received are non-refundable.
2. Once a website development concept is approved by a client, Nitro IT will invoice a 50% deposit.  Upon completion of the project, the remaining balance is payable before the website goes live.
3. Customer cancellation of any Nitro IT services at any stage must be notified in writing via email.  Any outstanding balances remain payable regardless of the stage of design or production of the project.
4. Non-payment of any outstanding amounts will be passed onto a debt collection agency for full payment plus expenses.
5. Annual payments received in advance for web hosting accounts can be refunded for the unused portion of the fee.  The unused portion will be calculated at the end of the current calendar month.
6. Nitro IT do not offer refunds, or ex gratia payments for server, service or software interruptions or outages.
7. Nitro IT reserves the right to suspend or cancel web hosting accounts when any outstanding payment on the client's account has been outstanding for 30 days.  After 45 days the account will be deleted.


GENERAL

1. Although Nitro IT endeavour to complete every project on time or sooner, Nitro IT cannot be held responsible for the delay in the design or development of any website or other project.
2. Nitro IT reserves the right to suspend or cancel a customer’s access to any or all services provided by Nitro IT, at its discretion, if the account has been inappropriately used or otherwise abused.
3. Individual accounts are for the intended use of the account holder only and are not to be resold.
4. Nitro IT does not allow any of the following content to be stored on its servers: (a) Illegal material, including copyrighted works, commercial audio, video, or music files, or any material of any type in violation of any federal, state or local law or regulation anywhere in the world. (b) Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes “adult material” is entirely at the discretion of Nitro IT. (c) Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing etc. material or encrypting of any of the above. This also applies to sites which provide links to or ‘how to’ information about such material. (d) Malicious content, spam bots or relaying more than 100 emails per hour without prior approval.
5. Unless otherwise agreed all websites will have a discreetly placed ‘Website Developed by Nitro IT‘ or similar link to the Nitro IT website.
6. Nitro IT does not control the interaction between your website and its visitors.
7. Nitro IT builds all sites on the latest install version of Wordpress at that time. Outside of free 6 month update periods, or Wordpress Care Plan client accounts, Nitro IT is not responsible for installing or updating any Wordpress component being the core software, plugins, themes or any other Wordpress component. Any requests for installing and updating Wordpress versions is chargeable at our normal hourly rate of $80.
8. Any website can be vulnerable to a hack or malicious activity.  While it is out of our control, in the unlikely event of a hack to a client website, Nitro IT can reinstate your site from a backup version, check security integrity and complete a performance update for a fee of $200.  Clients who maintain an active Care Plan subscription are not subject to this fee.
9. Nitro IT does not provide admin access to any Wordpress website project unless the client agrees that ongoing support from that point becomes chargeable at our normal hourly rate of $80.


WEBSITE DESIGN

1. Nitro IT websites are self-managed and we are not responsible for any copy, editing or updating of your website content.
2. After the website development is completed, any amendments from that point will be subject to additional fees unless otherwise agreed upon.
3. All content (text and photos) is to be provided by the client.  Alternatively, Nitro IT can either suggest stock images, or create images on your behalf at our current rate of $80.
4. A website will only go live after full payment has been received.
5. If you have purchased a package which includes a logo design, Nitro IT will complete the logo before commencing the design of the website.
6. Any eCommerce websites that we develop are handed over with a standard eCommerce configuration. This includes product page, checkout page and basic shipping configuration and payment. Any variations or customisations to these layouts will be at an additional cost to the client.


WEBSITE HOSTING

1. Unless otherwise agreed, websites will be hosted by Nitro IT.
2. Customers wishing to use alternative hosting, need to provide login details for Nitro IT to confirm such hosting is suitable for the website built by Nitro IT.  If it is not suitable, we will advise that our website hosting be used.
3. Nitro IT cannot give a 100% guarantee that there will be no hosting interruptions or downtime from it’s hosting and shall endeavour to inform clients of any scheduled updates or maintenance.  Our historical uptime is 99.9%.
4. Where Nitro IT are not hosting the website, Nitro IT will upload all files as part of go live.
5. Nitro IT can continue to support your website if it is not hosted by Nitro IT, by way of a Wordpress Care Plan subscription.
6. All hosting plans are payable annually in advance.
7. Pro rata refunds are available on annual payments to the nearest end of month.


WEBSITE CARE PLANS

1. All Website Care Plan subscriptions are payable quarterly in advance.
2. The Care Plan for your website begins the day payment is received in advance for the first quarter.
3. All fees paid for Website Care Plans are non-refundable.
4. Nitro IT provides a 24/7 support desk for all of its clients. All queries or questions should be directed through to info@nitro-it.com.au.  Support emails are answered within normal business hours AEST.
5. The customer agrees that it is not the responsibility of Nitro IT to provide knowledge or support outside of the defined service of the Nitro IT web design packages.
6. Any unused Care Plan hours will not accrue into the subsequent months.
7. If, in exceptional circumstance, ‘CPanel’ or ‘FTP’ access is given to a client, Nitro IT can only provide ‘basic’ (non-technical) CMS support for that website. Nitro IT cannot be held responsible in any way for errors, mistakes, loss or deletion of information or similar as a result of ‘CPanel’ or ‘FTP’ access. A request for recovery of any website by Nitro IT will be subject to a formal quote to reinstate the original website install (if possible).


SEO SERVICES

1. Nitro IT cannot guarantee rankings in search engines.  Only Google can.
2. Keyword ranking reports are generated for local search results and are accurate at the time they are compiled.
3. Third party tools are used in SEO services and Nitro IT cannot be held responsible for any failure of such tools, or the delay of providing services due to such tools being temporarily unavailable.


DOMAIN REGISTRATION

1. Nitro IT cannot guarantee a requested domain name will be available.
2. If a Nitro IT website development includes a free domain name, an ABN or ACN will be required for the registration of an Australian ‘.com.au’ domain name. If a ‘.com’ is registered (as part of your package), the ownership of that domain will be transferred to you upon request.
3. All Australian ‘.com.au’ domain names purchased by Nitro IT will be for a 2 year period. The registration of a ‘.com’ domain name will be for 1 year.
4. Domain names will always remain the property of the Customer.  Nitro IT reserves the right to use their email address as the Registrant contact in order to easily manage the domain name on your behalf.  Should you wish to use your own email address as the Registrant contact you will need to advise Nitro IT in writing.


TRANSFER

1. Nitro IT websites cannot be transferred away from Nitro IT servers other than by agreement and only after payment of any and all outstanding fees are received.  If a transfer is agreed, Nitro IT will prepare a set of files containing the contents of your website but will not facilitate the transfer of such files.  An administration fee of $240 is payable for this process.
2. No responsibility can be taken by Nitro IT for website or email disruption during any part of the transfer process.
3. Nitro IT cannot provide support for any website they do not host on their servers.
4. If you are transferring an existing hosting account to Nitro IT, a one-off $240 transfer fee may apply.
5. It is strongly suggest to ensure a recent backup is available for any hosting account prior to transfer.  Nitro IT will not be responsible for loss of files due to lack of a recent backup.
6. Nitro IT cannot be held responsible for any emails lost during the transfer period and we recommend an alternative email address (hotmail, gmail, outlook or similar), be set up during that same time for communication with us.


DISCLAIMER

1. Nitro IT shall not be liable, under any circumstances, for any loss of business, profits, goodwill or data, loss of use, interruption of business, or for any indirect, or consequential damages that result in any way from the customer’s use of, or inability to use the services, or that results from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or software.
2. Nitro IT cannot be responsible for any damages that may be suffered resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions, including interruption at payment gateways or email interruption or through receipt of spam emails.
3. Nitro IT makes no representations, warranties or assurances that the customer’s equipment will be compatible with the Nitro IT service.


TRADEMARKS & COPYRIGHTS

1. The design of your website (the look and feel) is under copyright and license from Nitro IT for use by yourself. You are prohibited from selling, replicating or reproducing any of the design of your website without written permission.
2. The customer warrants that it has the right to use any applicable trademarks on their website.


LAWFUL PURPOSE

The Customer may only use Nitro IT servers for lawful purpose. Transmission of any material in violation of any federal, state or local regulation is prohibited.


ACCEPTABLE USE POLICY

We offer several features of our website development services in a manner which is effectively unlimited for the majority of our customers subject to our acceptable use policy. We further define those unlimited aspects as follows;
Web Design Revisions – We consider up to 6 revisions as acceptable use, it is rare for a customer to require more than 5.
Number of Pages – There is no limit other than the customer’s ability to create and manage them.
Email Addresses – We consider acceptable use for our Hosting accounts to have up to 10 email accounts per domain and 30 alias addresses (i.e. email addresses that forward to others).
Hosting – We consider acceptable use to be less than 1Gb of storage space (over 20 times the average client’s use) and 5Gb of bandwidth per month (nearly 40 times the average client’s use).  Additional space can be purchased should it be required.
Support – Telephone and Email support is limited to a maximum of 2 hours per month in any given month and should not be accumulated throughout the length of the service provided by Nitro IT.  Support that requires changes to your website, hosting account or any other product or service provided by Nitro IT, will be subject to our standard hourly rate of $80.


LIMITED LIABILITY

1. Nitro IT does not warrant that the service will not be interrupted or error free; nor 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 Nitro IT servers, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall Nitro IT, its officers, agents or anyone else involved in creating, producing or distributing Nitro IT website development services be liable for any damages that result from the use of, or inability to use the Nitro IT service 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 communication failure, theft, destruction or unauthorised access to Nitro IT’s records, programs or services.
3. Notwithstanding the above, the customer’s exclusive remedies for all damages, losses and causes of actions 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.


GOVERNING LAWS

This agreement shall be governed in all respects by the laws of all Australian states.  The parties irrevocably submit to the jurisdiction of the courts of South Australia.


SEVERABILITY

Each provision of this agreement including these terms of service is severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.



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.

These terms and conditions should be read in conjunction with any quotes or emails sent to you from Nitro IT.