Websplash Digital - Web Design Company
WebSplash Digital

Terms & Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern WebSplash Digital’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. 

Cookies

We employ the use of cookies. By using WebSplash Digital’s website you consent to the use of cookies in accordance with WebSplash Digital’s privacy policy. Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

 

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on WebSplash Digital’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • – modify or copy the materials;
  • – use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • – attempt to decompile or reverse engineer any software contained on WebSplash Digital’s website;
  • – remove any copyright or other proprietary notations from the materials; or
  • – transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by WebSplash Digital at anytime. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

Disclaimer

The materials on WebSplash Digital’s website are provided “as is” WebSplash Digital makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, WebSplash Digital does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its internet, website or otherwise relating to such materials or on any sites linked to this site.

Customer shall pay WebSplash Digital reinstatement fee following a suspension of service due to non payment of hosting invoice.

 

Limitations

In no event shall WebSplash Digital or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption), arising out of the use or inability to use the materials on WebSplash Digital’s internet site, even if WebSplash Digital or a WebSplash Digital authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

Revisions and Errors

The materials appearing on WebSplash Digital’s website could include technical, typographical, or photographic errors. WebSplash Digital does not warrant that any of the materials on its website are accurate, complete, or current. WebSplash Digital may make changes to the materials contained on its website at any time without notice. WebSplash Digital does not, however, make any commitment to update the materials.

 

Links

WebSplash Digital has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by WebSplash Digital of the site. Use of any such linked website is at the user’s own risk.

 

Links to other websites

Our Service may contain links to third party websites or services that are not owned or controlled by WebSplash Digital. WebSplash Digital has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities / individuals or their websites.

You acknowledge and agree that WebSplash Digital shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

 

Site Terms of Use Modifications

WebSplash Digital may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of use.

 

Governing Law

Any claim relating to WebSplash Digital’s website shall be governed by the laws of the State of Victoria, Australia without regard to its conflict of law provisions.

General Terms and Conditions applicable to use of a website.

 

Payment Terms

  1. All prices quoted are in AU Dollars and exclusive of applicable taxes.
  2. For web design, development, and digital marketing services, a 50% upfront payment is required before commencing work. The remaining 50% is due upon completion and delivery of the final product, unless agreed differently by both parties and stated on the proposal or signed agreements.
  3. For hosting and SEO services, payment is due monthly or Annually in advance.
  4. Payments can be made via credit card, PayPal, or bank transfer.
  5. Overdue payments are subject to a late fee, maximum permitted by law.

 

Intellectual Property Rights

  1. All intellectual property rights, including but not limited to copyrights, trademarks, and patents, in the work produced by WebSplash Digital shall remain the property of WebSplash Digital until full payment has been received.
  2. Upon full payment, the intellectual property rights in the final deliverables will be transferred to the client for their exclusive use. However, WebSplash Digital retains the right to use the work for self-promotion and portfolio purposes.

 

Suspension and Termination

  1. Websplash Digital may without notice, suspend or terminate the services or disconnect or deny client access to the services: During technical failure, maintenance of the system or services.
  2. WebSplash Digital reserves the right to suspend or terminate services at any time if the client breaches these terms and conditions or fails to make timely payments.
  3. If the account is overdue for 90 days or more, Websplash Digital will terminate all the services and will not be liable for any loss of business or loss of material.
  4. In the event of suspension or termination, the client shall remain liable for any outstanding payments and reactivating fees.
  5. The client may terminate the agreement by providing 30 days’ written notice to WebSplash Digital. In such cases, the client shall be responsible for paying all fees and expenses incurred up to the effective date of termination.

 

Limitation of Liability

  1. WebSplash Digital shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profit, revenue, or data, arising out of or in connection with the services provided.
  2. WebSplash Digital’s total liability under this agreement shall be limited to the total fees paid by the client for the specific service that gave rise to the claim.

 

Refund Policy

  1. WebSplash Digital does not offer refunds for completed work or services rendered.
  2. If a project is terminated before completion, the client may be eligible for a partial refund, calculated based on the work completed and expenses incurred by WebSplash Digital up to the point of termination.
  3. Full refund will be provided if the notice of termination is received with 5 working of days of signing the contract and no work has started.
  4. Requests for service cancellation / refunds must be made in writing within 5 working days of signing the contract / agreement and are subject to review and approval by WebSplash Digital.