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grant.kennedy@weshootbuildings.com.au 0400 82 55 98

In order to become a customer of We Shoot Buildings Pty Ltd, or a user of any and all We Shoot Buildings Pty Ltd services including web design, domain name registration, website hosting, graphic design and online marketing, you must agree to the following terms and conditions.
1. General

1. It is the customer’s responsibility to keep We Shoot Buildings Pty Ltd up to date with their contract details. If the customer fails in this it could result in expiration of services.
2. We Shoot Buildings Pty Ltd reserves the right to refuse service and/or access to tis products and servers to anyone.
3. We Shoot Buildings Pty Ltd reserves the right to suspend or cancel a customer’s access to any or all services provided by We Shoot Buildings Pty Ltd when We Shoot Buildings Pty Ltd decides (at its absolute discretion) that the account has been inappropriately used or otherwise abused.
4. Individual accounts are to be used by the account holder only. Individual account holders are not permitted to sell, resell, store or give away We Shoot Buildings Pty Ltd services to other parties.
5. All prices quoted are valid for 30 days only from the date of written quotation.
6. If We Shoot Buildings Pty Ltd does not receive your design brief within a 6 month period from the date of your order and deposit, your account will be suspended. Reopening your account will incur a $100 + GST administration fee. If your account remains suspended for 3 months, your account will be closed completely and all money paid and work ordered will be forfeited.
7. During the design phase of your project, if you do not sign off your design within a 6 month period, We Shoot Buildings Pty Ltd reserves the right to suspend your account. Reopening your account will incur a $100 + GST administration fee. If your account remains suspended for 3 months your account will be closed completely and all money paid and work ordered will be forfeited.
8. All testimonials and case studies within this website are, to the best of our ability to determine, true and accurate. They were provided willingly, without any compensation offered in return.
9. These testimonials and case studies do not represent typical or average results. Most customers do not contact us or offer share their results, nor are they required or expected to. Therefore, we have no way to determine what typical or average results might be.
10. Many people do not implement anything we teach them. We can’t make anyone follow our advice, and we obviously can’t promise that our advice, as interpreted and implemented by everyone, is going to achieve for everyone the kinds of results it’s helped some of the folks you read about and hear from here achieve.
11. The income statements and examples on this website are not intended to represent or guarantee that everyone will achieve the same results. Each individual’s success will be determined by his or her desire, dedication, marketing background, product, effort, and motivation to work and follow recommendations. There is no guarantee you will duplicate results stated here. You recognize any business endeavor has inherent risk for loss of capital.
12. You should assume that the owners of this website have an ownership, partnership, affiliate, or some type of business connection or relationship to products and services, and to providers of products or services, mentioned anywhere on this website. Such relationships do not always exist. Our suggestions and recommendations are based on our use of and knowledge of these products and services. We believe our recommendations represent the best options available to our subscribers. Like most online and offline publications, advertising and affiliate relationships generate income which allows us to provide members with training, information, and other services. Members are welcome to suggest alternative products and services they would like us to review and recommend.

 

2. Cancellations & Refunds

1. All deposits and fees paid are non-refundable after the design brief is returned to We Shoot Buildings Pty Ltd, or after 14 days has elapsed since the date of deposit paid. Refunds will be less than $80AUD+GST administration fee.
2. Once the design work has been signed off prior to the website build, all fees are payable in due course, no cancellations will be accepted and all services ordered must be paid for in full.
3. The usability, functionality and/or limitations of either WordPress, Drupal, Joomla, Magento, Big Commerce, Shopify, eWeb and eShop content management systems are no reason for not paying the balance of your website. If you require a particular functionality, We Shoot Buildings Pty Ltd provides demos of the CMS programs that you can trial prior to purchase.
4. Fees charged on a prepay basis are non-refundable.
5. If a customer contravenes the We Shoot Buildings Pty Ltd terms and conditions, We Shoot Buildings Pty Ltd reserves the right to terminate the service immediately with no refund.
6. If We Shoot Buildings Pty Ltd is required to employ the services of a debt collector to pursue any overdue balance payment, a $40AUD | GST administration fee will be passed on to the customer and added to the customer’s invoice.
7. If the customer’s website has been terminated due to cancellation or expiry, We Shoot Buildings Pty Ltd can reinstall the website within a 12 month period at a cost of $195AUD + GST providing the client has a backup of the website.
8. All cancellations must be requested in writing. Some services, including eShop website, PPC and SEO, require a signed cancellation form, which can be requested from our administration team. We require 30 days written notice.

3. Website Design & Support

1. You will receive two website design concepts, and a slight variation of each concept by email based on the design brief you submit. You can request a reasonable number of changes to the concepts until the design is to your satisfaction. Approx. 2-3 is normal.
2. All websites will be delivered with blank pages and/or a blank database. The customer is responsible for inserting copy, products and/or images etc unless they have engaged and paid for our professional copywriting service.
3. While you maintain full ownership of your content and design, some elements of the website designs remain the copyright of We Shoot Buildings Pty Ltd.
4. In the event of you terminating your contract, you will be able to take full possession of your design and content of your site; however elements of the CMS software will remain on We Shoot Buildings Pty Ltd servers and you may need to purchase licenses to use the CMS (or elements of) on another server. If you have purchased our Eweb 1 product the CMS is not transferable.
5. During the design process We Shoot Buildings Pty Ltd may purchase shutterstock images for your site. The images can be used in the design of the website only. Images cannot be used for any other purpose.
6. If a logo has been purchased, this will need to be signed off before the website design is commenced.
7. We Shoot Buildings Pty Ltd websites are self-managed and We Shoot Buildings Pty Ltd is not responsible for any copy, editing or updating of the clients website. We Shoot Buildings Pty Ltd is under no obligation to do any work on your website unless contracted to do so, but at our discretion we can make small changes if you request us to help for free or on a hourly rate agreed upon before the change is made.
8. We Shoot Buildings Pty Ltd has a business hours help desk available by phone or email 9am-5pm AEST Monday to Friday. This services is provided to direct you to information to solve a single problem.
9. Each website account is allocated the standard relevant bandwidth and disk space and any additional usage will incur an additional charge. We Shoot Buildings Pty Ltd will monitor your usage and if We Shoot Buildings Pty Ltd anticipates that your website may require more bandwidth/disk space, your allocation will be increased and purchased automatically. Please contact us on admin@weshootbuildings.com.au for allocations and pricing. When additional bandwidth/disk space is purchased, the activation of the disk space is provided as the website requires it up to the purchased amount.
10. Although We Shoot Buildings Pty Ltd monitors the bandwidth/disk space usage of the website, We Shoot Buildings Pty Ltd does not take responsibility for any website going offline due to exceeding bandwidth or disk space.
11. On all We Shoot Buildings Pty Ltd websites there is a built-in authorship page that links to the We Shoot Buildings Pty Ltd website. This page is linked from the footer of the client’s website. Neither the footer link nor the authorship page can be removed unless agreed to by Grant Kennedy Director of We Shoot Buildings Pty Ltd.
12. We Shoot Buildings Pty Ltd does not allow any of the following content or websites to be stored on its servers:
1. Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.
2. Scripts – any script that creates a load on the server will be removed.
3. Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide ‘links to’ or ‘how to’ information about such material.
4. Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. In addition to this websites are not allowed to link to this type of content. What constitutes ‘adult material’ is entirely at the discretion of We Shoot Buildings Pty Ltd.
5. Websites what promote the sex service industry, which includes but is not limited to prostitution or ecdysiasm.
6. Websites that promote Psychiatry.

 

4. Financial Arrangements for eShop Website

1. Customers agree to a six (6) month contract beginning upon the date We Shoot Buildings Pty Ltd has designed, build and handed over the website (i.e. the date when We Shoot Buildings Pty Ltd sends out the username and password).
2. Cost of the We Shoot Buildings Pty Ltd eShop is a set price for design and installation, then an ongoing monthly fee.
3. The deposit for website installation and design is due with order. The balance is due when the eShop has been designed, build and handed over to the customer.
4. The ongoing monthly fees are on an automatic debit basis. The auto debit payments begin on the 28th day of the month in which your website is designed, built and handed over to you.
5. This agreement will automatically renew after the lift of the contract has ended until cancelled in writing. Fees are subject to change after this six (6) month period with notice from We Shoot Buildings Pty Ltd.
6. Although We Shoot Buildings Pty Ltd 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 ongoing monthly payments may result in your website and emails being suspended.

 

5. Financial Arrangements for eWeb Website

1. Customers agree to a twelve month contract, beginning upon the date We Shoot Buildings Pty Ltd has designed, build and handed over the website (i.e. the date when We Shoot Buildings Pty Ltd sends out the username and password).
2. Cost of the We Shoot Buildings Pty Ltd eWeb website is a set price for design and build, then an ongoing CMS and support fee.
3. The deposit for website build and design is due with order. The balance is due when the eWeb website has been designed, built and handed over to the customer (i.e. the date when We Shoot Buildings Pty Ltd sends out the username and password).
4. The ongoing monthly fees are on an automatic debit basis. The auto debit payments begin on the 28th day of the month in which your website is designed, build and handed over to you.
5. This agreement will automatically renew after the life of the contract has ended until cancelled in writing. Fees are subject to change after this twelve (12) month period with notice from We Shoot Buildings Pty Ltd.
6. Although We Shoot Buildings Pty Ltd 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 ongoing monthly payments may result in your website and emails being suspended.

 

6. Domain Registration

1. We Shoot Buildings Pty Ltd does not guarantee the requested domain names are available or are able to be registered. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
2. It is the customer’s responsibility to keep We Shoot Buildings Pty Ltd up to date with their contract details. If the customer fails in this it could result in your website going off line if your domain name is not renewed in a timely manner.

 

7. Taxes

1. We Shoot Buildings Pty Ltd 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 We Shoot Buildings Pty Ltd’s server. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer.

 

8. Graphic Design

1. For logo design services, clients will receive three or five design concepts (depending on the package), by email based on the design brief. Clients can request a reasonable number of changes to their chosen concepts until the design is to their satisfaction. Approx. 2-3 rounds of changes are normal.
2. Sign off when the design is completed, the client will receive the final graphic design files via email.
3. Any further changes after sign off will need to be quoted and billed separately.
4. All We Shoot Buildings Pty Ltd graphic designs remain the copyright of the client. Copyright will be assigned to the client upon receipt of full payment.
5. We Shoot Buildings Pty Ltd provides the artwork in a print ready file for the clients use. It is the client’s responsibility to check all copy, contact details, email, website addresses etc. are correct. We Shoot Buildings Pty Ltd or the designer will not be held 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.
6. The deposit for graphic design work is due with order. The balance is due when the artwork has been signed off.

 

9. Disclaimer

1. We Shoot Buildings Pty Ltd 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 of data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if We Shoot Buildings Pty Ltd 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.
2. We Shoot Buildings Pty Ltd makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. We Shoot Buildings Pty Ltd 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.
3. Use of any information obtained by way of We Shoot Buildings Pty Ltd is at the Customer’s own risk, and We Shoot Buildings Pty Ltd specifically denies any responsibility for the accuracy of quality of information obtained through its services.
4. We Shoot Buildings Pty Ltd 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. We Shoot Buildings Pty Ltd specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

 

10. Trademarks & Copyrights

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

 

11. Hardware, Equipment & Software

1. The Customer agrees that he or she has the necessary knowledge to maintain the WordPress, Drupal, Joomla, Magento, Big Commerce, Shopify, eWeb or eShop website. The Customer agrees that it is not the responsibility of We Shoot Buildings Pty Ltd to provide this knowledge or customer support outside of the defined service of the We Shoot Buildings Pty Ltd eWeb or eShop support.
2. The Customer is responsible for an must provide all telephone, computer, hardware and software equipment and services necessary to access We Shoot Buildings Pty Ltd websites. We Shoot Buildings Pty Ltd makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the We Shoot Buildings Pty Ltd service.

 

12. Limited Liability

1. The Customer expressly agrees that use of We Shoot Buildings Pty Ltd websites and services is at the Customer’s sole risk. Neither We Shoot Buildings Pty Ltd, nor its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that the We Shoot Buildings Pty Ltd 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 We Shoot Buildings Pty Ltd servers, unless otherwise expressly stated in this agreement.
2. Under no circumstances, including negligence, shall We Shoot Buildings Pty Ltd, its officers, agents or anyone else involved in creating, producing or distributing We Shoot Buildings Pty Ltd services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the We Shoot Buildings Pty Ltd 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 unauthorized access to We Shoot Buildings Pty Ltd’s records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on We Shoot Buildings Pty Ltd’s servers.
3. 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.

 

13. Lawful Purpose

1. The Customer may only use We Shoot Buildings Pty Ltd 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 copyrighted material, 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.

 

14. Indemnification

1. The Customer agrees that it shall defend, indemnify, save and hold We Shoot Buildings Pty Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against We Shoot Buildings Pty Ltd, 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 We Shoot Buildings Pty Ltd against Liabilities arising out of;
1. any injury to person or property caused by any products sold or otherwise distributed to connection with We Shoot Buildings Pty Ltd’s server
2. any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party
3. copyright infringement
4. any defective product which the Customer sold on the We Shoot Buildings Pty Ltd Server

 

15. Governing Laws

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

 

16. Severability

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

 

17. Contract Revisions

1. Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of We Shoot Buildings Pty Ltd, services as specified in Section I. Financial Arrangements.

 

18. Transfer

1. The Customer may not transfer this agreement without the written consent of We Shoot Buildings Pty Ltd.
2. We Shoot Buildings Pty Ltd websites cannot be transferred away from We Shoot Buildings Pty Ltd servers without the written consent of We Shoot Buildings Pty Ltd. Eweb 1 customers cannot be transferred away from We Shoot Buildings Pty Ltd servers.
3. Domain names will always remain the property of the Customer.
4. 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.

 

19. Pricing Policy

1. All of our prices are in Australian dollars (AUD)

 

20. Privacy Policy

1. We Shoot Buildings Pty Ltd is dedicated to keeping your details private. Any information we collect in relation to you is kept strictly secured. We do not pass on, sell or swap any of your personal details with anyone. We use this information to identify your orders and to personalize your shopping experience with us. We Shoot Buildings Pty Ltd may use cookies. Cookies sent to your computer from We Shoot Buildings Pty Ltd only last while you’re browsing our website. We do not store persistent cookies on your computer. Whenever you use our web site, or any other web site, the computer on which the web pages are stored (the Web server) needs to know the network address of your computer so that it can send the requested web pages to your Internet browser. The unique network address of your computer is called its “IP address,” and is sent automatically each time you access any internet site. From a computer’s IP address, it is possible to determine the general geographic location of that computer but otherwise it is anonymous. We do not keep a record of the IP addresses from which users access our site except where you have specifically provided us with information about yourself, in which case we also record your IP address for security purposes. An example of this would be when proceeding to a checkout to finalise an order you may wish to make. After completing the form provided, your IP address will be stored along with a transaction number that allows us to track your order.
2. Clients using our online enquiry forms for design services are asked for their name, phone number, postcode and email address in order to allow us to contact them in relation to their enquiry. This information is not shared with third parties. Please contact us by email (sales@WeShootBuildings.com.au) should you wish to have that detail modified or deleted or you wish to opt out of any future communication after your enquiry.

 

21. Security Policy

1. When purchasing from We Shoot Buildings Pty Ltd your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology, 128 bit SL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support team – support@WeShootBuildings.com.au.

 

22. Unlimited Guarantee Fair Use Policy

1. eWeb Unlimited Guarantee

1. Fair use policy: The Intention of the Unlimited Guarantee is to support small business and offer great value and a hassle free website experience. If we feel that anyone is engaging in this offer with the intent to exploit it and is using the service excessively above and beyond normal use we reserve the right to limit the services. A definition of each service and its fair use is below.
2. Unlimited Design revisions: We consider fair use to be less than 20 design revisions prior to signing off (4 times our client average). Design revisions after sign off are billed by the hour.
3. Unlimited Web pages: We consider fair use to be as many as your like.
4. Unlimited Hosting*: We consider fair use to be less than 1Gb storage space (20 times the average eWeb client usage) and 5Gb of band width (30 times the average eWeb client usage)
5. Unlimited Support: Available Monday to Friday 9am – 5pm EST and refers to the support team providing assisting and directing clients in the management of their website. Support is provided very generously to assist clients however We Shoot Buildings Pty Ltd reserves the right to decide what is outside fair use.
6. Unlimited Email accounts and forwarders: We consider fair use to be less than 20 email accounts (7 times the average usage) and 50 forwarders (15 times the average usage). * Doesn’t apply to our eShop product.

2. eShop Unlimited Guarantee

1. Fair use policy: The intention of the Unlimited Guarantee is to support small business and offer great value and a hassle free website experience. If we feel that anyone is engaging in this offer with the intent to exploit it and is using the service excessively above and beyond normal use we reserve the right to limit the services. A definition of each service and its fair use is below.
2. Unlimited Design revisions: We consider fair use to be less than 20 design revisions prior to signing off (4 times our client average). Design revisions after sign off are billed by the hour.
3. Unlimited Products*: We consider fair use to be as many as your like.
4. Unlimited Web pages: We consider fair use to be as many as you like.
5. Unlimited Support: Available Monday to Friday 9am – 5pm EST and refers to the support team provided assisting and directing clients in the management of their website. Support is provided very generously to assist clients however We Shoot Buildings Pty Ltd reserves the right to decide what is outside fair use.
6. Unlimited Email accounts and forwarders: We consider fair use to be less than 20 email accounts (7 times the average usage) and 50 forwarders (15 times the average usage). *Doesn’t apply to our eWeb product. Disk space and bandwidth limits apply.

 

23. Photography Copyright Policy

1. When purchasing photography from We Shoot Buildings Pty Ltd for your marketing purposes and any other purpose the ownership of all photographs, proofs etc will remain in complete ownership by We Shoot Buildings Pty Ltd.

2. When employing We Shoot Buildings Pty Ltd photographer to take photographs you are employing us to take professional photographs of a project on your behalf in order to allow you to license the right to use of the photographs on the agreed mediums for an agreed amount of time. These rights may be determined by a contract signed and agreed upon before the photography shoot. If no contract has been signed then you have been given no rights to use the photography on any mediums for any amount of time.

3. In addition to the contract, unless stated in the contract, by employing We Shoot Buildings Pty Ltd you at all times understand and agree to that you don’t have any rights to on-sell these photographs while We Shoot Buildings Pty Ltd has every right to sell these photographs to other parties at our own discretion.

4. Share costs & Multiple Parties: We Shoot Buildings Pty Ltd welcomes you to share costs of the photography. After reviewing the assignment parameters, We Shoot Buildings Pty Ltd will provide a written estimate that states the terms of the cost-sharing agreement and names the primary commissioning client and other participating parties. Alternatively, We Shoot Buildings Pty Ltd may draw up separate estimates for each of the parties. This relieves the commissioning client of any responsibility for collecting payment from the other participants. It also clarifies the cost-sharing details when different parties need different views. For instance, it’s unlikely that the interior designer will make much use of the exterior photography, while the architect probably has limited use for photos of the furniture in the lobby. Nevertheless, each of the parties will get the benefit of dividing the costs that are incurred in common. Latecommers are welcome to enquire and purchase the rights to the photography but must understand that as they are late, We Shoot Buildings Pty Ltd and the latecomer will have to negotiate new agreements from the ground up. There is also the factor of simple fairness: If non-participants could get photography at the same cost as participants, the benefit of original cost-sharing arrangements would be negated. A new agreement with a latecommer will take all of these points into consideration and We Shoot Buildings Pty Ltd will make a fair offer to license the rights to the photography making sure all previous and current parties are happy with the new licensing arrangements.

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