All services provided by Freedom Internet Group (FIG) to the customer placing,
holding or having held an order for service (Client) are subject to the
following terms and conditions. You indicate acceptance of these terms and
conditions of service by placing an order with and or using the services
supplied by Freedom Internet Group. These terms and conditions will not be
varied for individual customers.
1. Acceptance. A copy of these terms and conditions
must be accepted and acceptance noted on the printed proposal by all new
clients at the time of submission of work to FIG, indicating agreement to and
acceptance of these Terms and Conditions.
2. Charges. Charges for services to be provided by FIG
are defined in the project proposal. All Web site design services require an
advance payment of a minimum of thirty percent (30%) of the project proposal
total when returning the signed agreement. A further twenty percent (20%) of
the project proposal total will be due upon acceptance of a layout design, site
plan and navigation method. The remaining fifty percent (50%) of the project
proposal total will be due immediately upon completion of the work outlined in
the proposal. The fee will be for the agreed work outlined in our final
proposal. The client will be asked to approve a site plan, navigation method,
content and design at agreed stages. If, after such approval, the client makes
any changes to the website proposal that affects the navigation of the site,
the design or layout of individual pages FIG reserves the right to charge our
time at the rate of $75 per hour inclusive of GST whilst work is carried out on
the requested changes.
3. Payment terms. Invoices will be provided by FIG upon
completion of the work and any maintenance services and at set intervals as
outlined above. Invoices are sent when the website and / or requested changes
have been completed and uploaded to the internet and are due within seven (7)
days. Accounts that remain unpaid seven (7) days after the date of the invoice
will be assessed and a service charge to the amount of ten dollars ($10) weekly
may apply.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default
and as a result, FIG at its discretion, may suspend the account causing
temporary removal of the website. Removal of such does not relieve the Client
of the obligation to pay any outstanding charges assessed to the Client's
account. Cheques returned for insufficient funds will be assessed a return
charge of $30 and the Client's account will immediately be considered to be in
default until full payment is received. Clients with accounts in default agree
to pay FIG reasonable expenses, including legal fees and costs for collection
by third-party agencies, incurred by FIG in obtaining payment.
4. Termination. Termination of services from FIG by the
Client must be requested in a written notice and will be effective on receipt
of such notice. Notice of Request for change of hosting is required 1 month
prior to hosting change. Hosting charges will end 1 month after notification of
such. The Client agrees to be responsible for payment of any design work
completed to the date of first notice of cancellation for payment in full
within seven (7) days.
5. Legal Restrictions. FIG's services may be used for
lawful purposes only. Submission, transmission, or maintenance of any
information or materials in violation of any state or federal laws and/or
regulations is prohibited. This includes, but is not limited to, material
legally judged to be threatening, racist or obscene. FIG reserves the right to
refuse service to the Client without providing reason or cause.
6. Copyright. All content supplied by the client will
be assumed copyright free. FIG cannot accept responsibility for any copyright
issues arising from improper use of copyrighted images or content.
7. Standard Media Delivery. Website will be designed
and optimised for 800 x 600 or 1024 x 768 screen resolution and catering for
higher. Sites can only be guaranteed to be perfect if viewed on a PC with the
latest version of Internet Explorer, but every attempt will be made for correct
display on other comparable web browsers and computer equipment. No site is
guaranteed to be printable without a dedicated printable version of any
specific page. Unless otherwise specified in the project proposal, this
Agreement assumes that all text will be provided by the Client in electronic
format (ASCII text files or Email or MS Word document delivered via email or
supplied on CD / DVD or USB Flash Drive) and that all graphics will be provided
suitable for scanning or electronically in .gif, .jpg or .tiff format.
Additional expenses may be incurred for corrective work, conversion of media or
outside facility charges. If requested and including in the project proposal,
FIG may source additional graphical images and / or photographic works and the
charges for this will be outlined in the project proposal or if requested after
the creation of the proposal, shall be attached as an amendment to the existing
proposal. The scope of the work will be defined by the project proposal. The
proposal will clearly outline what is to be delivered. If any items are missing
FIG needs to be informed prior to signing these terms to enable supply of a new
proposal with inclusion of missing items.
8. Design Credit. FIG reserves the right to include a
discrete link back to www.freedominternet.com.au from the client's website
stating "Powered by Freedom Internet Group". This design credit is to remain on
the site unless the editing of the site has been taken over exclusively by
another party and the design appearance of the site has changed by over 90%
from its original look and feel as provided and designed by FIG. Freedom
Internet Group must be in acceptance of the removal and notified in event of its
change so that the site can be removed from the portfolio on the Freedom
Internet Group web site.
9. Intellectual Property (IP). The client retains IP of
the site. Unless design copyright is signed over to the client, Freedom
Internet Group retains copyright of any design that is created by Freedom
Internet Group, excluding elements formed directly from client's logo or
branding imagery or facets of their corporate identity. The Client can use and
re-use the design elements created for the site in an unlimited fashion for the
site and any other graphical online internet-displayed purposes only. Styles
and designs created in the production of the web site design may not be used in
other material for the client's advertising unless permission is given by FIG.
An extra design fee will be due for the multiple uses of design features. The
client accepts that they do not have exclusive rights to any regenerative code
used in the development of the web site.
The client agrees to remove any reference to FIG (including the link) should FIG deem the
site to no longer be representative of its design style and quality.
10. Right to Pull. By accepting this Agreement, the Client agrees to give FIG access to the Client's installed Web
site, (FTP access) and further agrees that FIG shall have the right to alter
that site for failure to adhere to item 8 or 9 of these terms or remove from
public posting for unresolved and continued failure to adhere to item 3.
11. Post-Placement Alterations. FIG cannot accept responsibility for any alterations caused by a third party
occurring to the Client's pages once uploaded and live. Such alterations
include, but are not limited to additions, modifications, or deletions. Other
such alterations may include but are not limited to changes to configuration
files and file permissions being carried out by the primary hosting provider
(Shared Hosting system) or a service gateway provider such as a Data Centre or
telecommunications provider.
12. Indemnity. The Client agrees to indemnify FIG from any and all claims resulting from the Client's use of FIG's
services which cause damage to the Client or a third party, including any
direct, indirect or consequential damages, loss of data resulting from delays,
non-delivery or interruption in service or for actions resulting from
unauthorised hacking into any web site or online database created by us, or
from the misuse of any content management system provided by us. The Client
acknowledges and agrees that FIG cannot guarantee the absence of service
interruptions caused by Acts of God or other circumstances beyond the control
of FIG. The Client further agrees that service interruptions may occur as a
direct or indirect result of changes to design, code or content either at the
request of the Client or through the ongoing revision of design, code or
content by FIG.
13. Hosting. Any website hosted by Freedom Internet Group may never include third party software, or any open
source web software not supplied or uploaded by FIG. If any client has FTP
access to their site and uploads 3rd party software of any kind, Freedom
Internet Group reserves the right to instantly suspend their hosting account
pending the removal of the offending software. This item is to guard against
potential hacking of our hosting server. The alternative and preferred method
Freedom Internet Group may choose to use in this situation is to examine the
offending software and make changes to the configuration files and file
permissions to prevent potential hacking of our hosting server and notification
of these changes will be provided and subsequent violations of this condition
may result in account suspension.
Hosting is billed monthly, quarterly, half yearly or yearly on the anniversary of the
hosting account's creation. Payment for the period is required prior to the
anniversary date which is also considered the expiration date should a written
notice of cancellation be received 1 month prior or should the account remain
unpaid more than 7 days after the anniversary date. If a hosting account
remains unpaid after seven (7) days from the anniversary date, Freedom Internet
Group reserves the right to suspend the hosting account until payment is
received. If a hosting account remains unpaid after one month from date of
invoice, Freedom Internet Group reserves the right to terminate the hosting
account.
14. General. These Terms and Conditions supersede all previous representations, understandings or agreements except
those agreements currently in existence and bearing the signature of an
authorised signatory of Freedom Internet Group. Any representations,
understandings or agreement currently in existence and bearing the signature of
an authorised signatory of Freedom Internet Group is considered valid for a
period of twelve (12) months from the date of the authorised signatory of
Freedom Internet Group after which a new agreement between the Client and
Freedom Internet Group must be created which states either the current standing
Terms and Conditions as stated in this document or new Terms and Conditions as
negotiated and noted as differing from the current Terms and Conditions stated
in this document. In the absence of clear and defining Terms and Conditions
that have been noted as differing, these Terms and Conditions will be applied
as the current and accepted Terms and Conditions by which the Client must
abide. There may be exceptions to these terms specifically outlined in the
project proposal. The Client's signature below constitutes agreement to and
acceptance of these Terms and Conditions. FIG reserves the right to change the
terms and conditions of the acceptance of future orders for authoring and
placement of the Client's pages. These Terms and Conditions are not negotiable.
15. Governing Law. This Agreement shall be governed by the laws of Queensland and of Australia,
which shall claim venue and jurisdiction for any legal motion or claim arising
from this Agreement.
16 SOFTWARE LICENCE AND RIGHTS
16.1. If the Customer requires use of
software owned by or licensed to Freedom Internet Group ("Freedom Internet
Group's software") in order to use the Services, Freedom Internet Group
grants to the Customer and its employees, agents and third party consultants
and contractors, a royalty-free, world-wide, non-transferable, non-exclusive
licence to use Freedom Internet Group Software in object code form only unless
otherwise stated, in accordance with the terms of this Agreement. For the
avoidance of doubt, this Agreement does not transfer or grant to the Customer
any right, title, interest or intellectual property rights in Freedom Internet
Group's software.
16.2.
In relation to Freedom Internet
Group's obligations under this Agreement in connection with the provision of
the Services, the Customer grants to Freedom Internet Group a royalty-free,
world-wide, non-exclusive licence to use the Customer Software and all text,
graphics, logos, photographs, images, moving images, sound, illustrations and
other material and related documentation featured, displayed or used in or in
relation to the website ("the Content"). For the avoidance of doubt,
this Agreement does not transfer or grant to Freedom Internet Group any right,
title, interest or intellectual property rights in the Customer Software or the
Content.
16.3.
The Customer undertakes that they
will not themself or through any third party, sell, lease, license or
sublicense Freedom Internet Group software without written permission from an
authorised signatory of Freedom Internet Group.
16.4.
Freedom Internet Group may make such
copies of the Customer Content as may be necessary to perform its obligations
under this Agreement, including backup copies of the Content. Upon termination
or expiration of this Agreement, Freedom Internet Group shall destroy all such
copies of the Content and other materials provided by the Customer as and when
requested by the Customer.
17 SERVICE LEVELS AND DATA BACKUP
17.1.
Freedom Internet Group shall use
its reasonable endeavours to make the server and the Services available to the
Customer 99.9% of the time but because the Services are provided by means of
computer and telecommunications systems, Freedom Internet Group makes no
warranties or representations that the Service will be uninterrupted or
error-free and Freedom Internet Group shall not, in any event, be liable for
interruptions of Service or downtime of the server.
17.2.
Freedom Internet Group and its
upstream providers will perform maintenance operations on the server and the Services
that connect the server to the World Wide Web and that connect the server to
the Client. Whilst every attempt is made to carry out these maintenance
operations in a non-interfering manner so as to prevent the server from being
unavailable, unplanned maintenance and equipment failure may cause the server
to be unavailable for period of time that will affect the Client. Where
possible, such outages will be kept to a minimum and any Client enquiring as to
an outage will be provided with the cause of the outage and an estimated time
of when the Service(s) are likely to be restored.
17.3.
Freedom Internet Group carries out
data backups for use by Freedom Internet Group in the event of systems failure.
Freedom Internet Group do not provide data restoration facilities for
individual customers. Even though every effort is made to ensure data is backed
up correctly Freedom Internet Group accepts no responsibility for data loss or
corruption.
17.4.
In accepting this agreement, the
Client agrees that Freedom Internet Group is the direct hosting provider and
that any request for support or services in relation to this agreement should
be made directly through Freedom Internet Group. The Client shall at no time
have permission to seek support from Freedom Internet Group's upstream
providers unless otherwise stated in writing and signed by the director's of
Freedom Internet Group.
17.5.
Where an upstream provider has made
available some form of administration or control panel for the Client to use as
part of a Shared Hosting system, the Client agrees that this is provided at the
discretion of Freedom Internet Group and the upstream provider and that any
support or service questions from the Client that arise from the use of a
Shared Hosting system only be directed to Freedom Internet Group only as per
agreements between the upstream provider and Freedom Internet Group.
17.6.
Freedom Internet Group shall respond
to all support tickets lodged via its support functions on the Freedom Internet
Group web site within 2 working days or less. Support requests lodged by any
other method shall be responded to within 5 working days or less. In most
cases, most support requests will be answered with 4 working hours.
17.7.
Freedom Internet Group reserves the
right to charge for any support provided for service administration,
maintenance or modification not directly related to services provided by
Freedom Internet Group or for any additional support as per item 17.8, outside
of normal working hours of 9am to 5pm Monday to Friday excluding Queensland and
Australian public holidays. This excludes any service provided which is found
to be at fault or needing modification in accordance with item 19.2 of this
document.
17.8.
Freedom Internet Group may provide
after hours support outside of the normal working hours of 9am to 5pm Monday to
Friday and on Queensland and Australian public holidays. The provision of after hours support is at the
discretion of the director's of Freedom Internet Group and may also be limited
to email support only.
17.9.
Service and support requests shall
be actioned on a priority basis. The priority of any given service or support
request is determined only by Freedom Internet Group based upon need, time and
impact to a Client and also any affects that might restrict the levels of
service offered by Freedom Internet Group to the majority of clients as a
collective.
18 ACCEPTABLE USE POLICIES
18.1.
The website and use of the Services
may be used for lawful purposes only and the Customer may not submit, publish
or display any content that breaches any law, statute or regulation. In
particular the Customer agrees not to:
18.1.1.
Use the Services or the website in
any way to send unsolicited commercial email or "spam", or any
similar abuse of the Services;
18.1.2.
Send email or any type of electronic
message with the intention or result of affecting the performance of any
computer facilities;
18.1.3.
Publish, post, distribute or
disseminate defamatory, obscene, indecent or other unlawful material or
information, or any material or information which infringes any intellectual
property rights (for the avoidance of doubt this includes licensed software
distributed as Warez), via the Services or on the Website;
18.1.4.
Threaten abuse, disrupt or otherwise
violate the rights (including rights of privacy and publicity) of others;
18.1.5.
engage in illegal or unlawful
activities through the Services or via the Website;
18.1.6.
make available or upload files to
the website or to the Services that the Customer knows contain a virus, worm, Trojan
or corrupt data; or
18.1.7.
Obtain or attempt to obtain access,
through whatever means, to areas of Freedom Internet Group's network or the
Services which are identified as restricted or confidential. This includes
leaving your home directory whilst using SSH access to servers.
18.1.8.
Operate or attempt to operate IRC
bots or other permanent server processes not permitted by Freedom Internet
Group unless stated in writing and bearing an authorised signature of a
representative of Freedom Internet Group.
18.1.9.
make openly available any material
considered to be violating the copyright, trademark and or rights of others
including but not limited to providing without written permission any music,
video, graphics and images covered by copyright.
19 WARRANTIES
19.1.
The Customer warrants and represents
to Freedom Internet Group that Freedom Internet Group's use of the Content or
the Customer Software in accordance with this Agreement will not infringe the
intellectual property rights of any third party and that the Customer has the
authority to license the Content and the Customer Software to Freedom Internet
Group as set out in Clause 16.2.
19.2.
All conditions, terms,
representations and warranties that are not expressly stated in this Agreement,
whether oral or in writing or whether imposed by statute or operation of law or
otherwise, including, without limitation, the implied warranty of satisfactory
quality and fitness for a particular purpose are hereby excluded. In particular
and without prejudice to that generality, Freedom Internet Group shall not be
liable to the Customer as a result of any viruses introduced or passed on to
the Customer.
19.3.
An offer of a 30 Day Money Back Guarantee exists for all first time new Clients and does not extend to pre-existing clients who have already used our hosting services for more than 30 days for either the account in question or any previous account whether current or terminated. The offer extends only to Web Site Hosting services and is effective up to and including the 30th day from the date the account was first created. The offer excludes any free domains, setup fees, security certificates or other requested addons that may have been applied at or after the account creation date. To claim the guarantee, it must be shown that:
19.3.1
The server or services provided were available for less than the stated 99.9% time (refer to item 17.1 of this document);
19.3.2
That the account was not made available in a timely manner as advertised. Accounts should generally be made available instanteously and definitely no more than 24 hours from time of request once payment has been confirmed. Payments other than credit cards may result in the account activation being delayed until payment is confirmed. Instant Account activation does not mean that a SSL Security Certificate has also been issued (SSL Security Certificates are only issued to Silver accounts or higher and only as requested by the Client via a separate request form);
19.3.3
That our Terms of Service for your account have not been violated. Infringements such as spam & server abuse will result in your account being terminated without notice and no refund will be issued in these circumstances;
20 INDEMNITIES
The
Customer agrees to indemnify and hold Freedom Internet Group and its employees
and agents harmless from and against all liabilities, legal fees, damages,
losses, costs and other expenses in relation to any claims or actions brought
against Freedom Internet Group arising out of any breach by the Customer of the
terms of this Agreement or other liabilities arising out of or relating to the
Website, Hosting or other products or services provided by Freedom Internet
Group.
21 LIMITATION OF LIABILITY
21.1.
The entire liability of Freedom
Internet Group to the Customer in respect of any claim whatsoever or breach of
this Agreement, whether or not arising out of negligence, shall be limited to
the charges paid for the Services under this Agreement in respect of which the
breach has arisen.
21.2.
In no event shall Freedom Internet
Group be liable to the Customer for any loss of business, loss of opportunity
or loss of profits or for any other indirect or consequential loss or damage
whatsoever. This shall apply even where such a loss was reasonably foreseeable
or Freedom Internet Group had been made aware of the possibility of the
Customer incurring such a loss.
22 TERMS AND TERMINATION
22.1.
This Agreement will become effective
on the date the service is ordered and shall continue until terminated by
either party in writing of its intention to terminate the Agreement.
22.2.
Freedom Internet Group shall have
the right to terminate this Agreement with immediate effect by notice in
writing to the Customer if the Customer fails to make any payment when it
becomes due.
22.3.
Either party may terminate this
Agreement forthwith by notice in writing to the other if:
22.3.1.
The other party commits a material
breach of this Agreement and, in the case of a breach capable of being
remedied, fails to remedy it within a reasonable time of being given written
notice from the other party to do so; or
22.3.2.
The other party commits a material
breach of this Agreement which cannot be remedied under any circumstances; or
22.3.4.
The other party ceases to carry on
its business or substantially the whole of its business; or
22.3.5.
The other party is declared
insolvent, or convenes a meeting of or makes or proposes to make any
arrangement or composition with its creditors; or a liquidator, receiver,
administrative receiver, manager, trustee or similar officer is appointed over
any of its assets.
22.4.
Any rights to terminate this
Agreement shall be without prejudice to any other accrued rights and
liabilities of the parties arising in any way out of this Agreement as at the
date of termination.
22.5.
On termination all data held in the
customers account will be deleted.
22.6.
On termination all outstanding
monies owed by the Client shall be payable immediately including any costs
incurred by Freedom Internet Group as part of the termination including but not
limited labour time to cancel or reallocate where possible, account features
such as IP addresses, security certificates and software licenses and any other
costs incurred by cancelling or reallocating where possible account features
such as IP addresses, security certificates and software licenses.
23 SCRIPTING
Freedom
Internet Group is not responsible for customer programming issues other than
ensuring that programming languages as defined in the web hosting agreement
such as PHP and MySQL are installed and functioning on the web hosting system.
24 PRIVACY
To protect
your privacy we will not distribute your details to third parties, unless
required to do so by law.
25 A
TRANSFER
25.1.
Web hosting accounts may include a
certain amount of data transfer. If you exceed this amount in any one month
your account may be deactivated until you have upgraded to an account that has
more data transfer included. Unlimited data transfer may be offered on some
accounts. Unlimited is defined by what is fair and reasonable data transfer and
shall be monitored and limited if unfair or unreasonable usage is detected.
Unfair or unreasonable usage is that which is defined in items 25.2, 26 and 27
of this document.
25.2.
Web hosting accounts are prohibited
from hosting file distribution websites (including but not limited to music,
video and software), adult content orientated websites, hosting banners,
graphics or cgi scripts for other websites, storing pages, files or data as a
repository for other websites or personal computers, giving away web space
under a domain, sub domain or directory by use of an account that has not been
exclusively configured for such purposes.
26 SERVER USAGES
Should your
account use more than 5% of the servers processing power and as a result have a
detrimental effect on other customers we will discuss with you alternative
solutions for your hosting requirements.
27 WEBSPACE USAGES
Allocated
web space is available for genuine web site content where content is be linked
into web pages. Customers are prohibited from using the server as a file/backup
repository. Customers are expected to employ good house keeping when
maintaining their account. In the event that unlimited web space is available,
the same conditions would apply as those for allocated web space.
28 MAIL BOXES
28.1.
Mail boxes not accessed for 120 days
or more will be deleted from the system. Mail boxes which act as a redirection
to another mail box either on the same server or another server whether operated
by Freedom Internet Group or not shall be monitored and any mail not regularly
cleared after 45 days or in the event of the mail box becoming full shall be
cleared.
28.2.
Mail boxes which become full and contain
mail that is more than 45 days old or have not been accessed for 120 days or
more will result in the Client being notified of the issue and a request to
remedy the situation. Should the Client choose not to act or be uncontactable
after 7 days of the initial notification being sent, the mail box may be
suspended and all cleared from the mail box or in the event that the mail box
becomes full or contains mail older than 45 days shall have the mail cleared
from the mail box without further notification. Should the Client choose not to
act on subsequent notifications or remain uncontactable after 7 days on
subsequent notifications, the mail box shall be suspended.
28.3.
Suspended mail boxes shall be
cancelled 30 days after initial suspension. Repeated suspension (5 or more
suspensions over the period of the ordered service) of a mail box shall result
in immediate cancellation.
29 USERNAMES AND PASSWORDS
29.1.
Freedom Internet Group shall not be
liable for any losses or damages caused by the dissemination of usernames and
or passwords. Deliberate provision of usernames and or passwords to any parties
not authorised by Freedom Internet Group or in direct relation to the Client is
considered a breach of this agreement and either part or all of the account
maybe suspended until the breach is remedied. This includes any breaches or
loss of privacy, access to confidential information or other restricted
information.
29.2.
Any party not authorised by Freedom
Internet Group that provides either directly or indirectly access to
confidential, restricted or back-end information used by Freedom Internet Group
in the provisioning of the server and related services shall be considered a
serious breach with any Client's account associated with the provisioning of
the unauthorised access being terminated immediately without warning and legal
action being taken against any or all parties involved in the provisioning of
the unauthorised access.
29.3.
Usernames and passwords shall be
provided by Freedom Internet Group to access front-end control panels and other
services on the server as deemed appropriate for the Client to be supported and
where an ordered service is provisioned for the Client, for the Client to
access the service as advertised.
29.4.
Usernames and passwords shall be
provided by Freedom Internet Group directly to the authorised or appointed
Client contact only. An appointed Client contact will only be used if
previously authorised by the primary Client contact.
29.5.
Usernames and passwords shall be
transmitted either via email, postal mail and or telephone in accordance with
item 29.4.
29.6.
In the event that a password has
been accidentally made known to an authorised party, it is the password
holder's responsibility to arrange for the password to be changed as soon as
possible. Failure to arrange a change of password as soon as possible after the
event will result in the action being considered deliberate and subject to the
actions outlined in items 29.1.
30 PRIVATE LABELLING AND SHARED HOSTING AGREEMENTS
Freedom Internet Group retains the right to operate accounts with other Web Hosting providers under Private Labelling and Shared Hosting arrangements for the purposes of temporary provisioning of services as necessary or to provide services not currently available on the Freedom Internet Group's own Servers. These arrangements are subject to change at anytime and exist solely between Freedom Internet Group Pty Ltd and the Web Hosting provider. Any Client whose services may utilise those of the Web Hosting provider do so as though they were accessing the services directly from Freedom Internet Group Pty Ltd. These Clients by agreeing to these terms and conditions shall direct all support and sales enquiries directly to Freedom Internet Group and may not communicate with the associated Web Hosting provider directly as per the Private Labelling and Shared Hosting Agreements that exist between Freedom Internet Group Pty Ltd and the Web Hosting provider.
31 CONFIDENTIALITY AGREEMENTS
31.1.
Freedom Internet Group hereby
agrees that any information provided by the Client to Freedom Internet Group,
its employees, agents and contractors is held in confidence with Freedom
Internet Group.
31.2.
The Client hereby agrees that any
information provided to the Client by Freedom Internet Group is held in confidence
with the Client.
31.3.
Any third party including agents
and contractors not directly employed by Freedom Internet Group must agree to
this confidentiality agreement in writing before access is permitted.
31.4.
Any information or materials provided
to the Client that is not advertised by Freedom Internet Group in an
unrestricted manner is to be considered confidential and for the Client's eyes
only. This includes but is not limited to special offers, pricing, additional
unadvertised services such as provisioning of additional webspace, server usage
and features, knowledge of and access to Freedom Internet Group's suppliers
either directly or indirectly and any other material or information that is not
made available to the general public.
31.5.
The Client agrees not to use such confidential information or materials in a manner that may disadvantage Freedom Internet Group. This includes but is not limited to dealing directly with Freedom Internet Group's suppliers for any reason without written and signed permission from Freedom Internet Group's directors and disclosing confidential information or materials to competing service providers offering similar services to Freedom Internet Group to acquire services from the competing service provider, harm or compare Freedom Internet Group's services with those of a competing service provider.
31.6.
Deliberate breaches of this
confidentiality agreement shall result in immediate suspension and or
termination of all Client accounts.
32 RIGHT TO CHANGES
Freedom
Internet Group shall at all times retain the right to change its services,
service providers and or any other arrangements as it sees fit. Freedom
Internet Group will endeavour where possible to ensure that services to Clients
remain uninterrupted as much as possible but that such interruptions may occur
without notification.
Intellectual Property - brief explanation:
This clause is there basically to protect us from companies taking our design and using it
without us getting some kind of credit or return. The design of the site and its
copyright excludes the design of your company's corporate image and logo, which
already exists. The default situation is the creator of a design holds the
copyright to it unless agreed otherwise by the creator and the recipient of the
design.
By using the site design in flyers for example, so that the actual design of the overall
site is used in the flyer (not the design of your corporate image, for which
you hold the copyright) you would in effect be getting a flyer design (or the
aesthetic design of the flyer) done for nothing.
A contractor NEEDS to own the copyright to the code they write. If the contractor
uses the same code (regenerative code) on another site, and they didn't own the
copyrights, the first customer could sue the contractor.
The contractor would own the copyrights, but the customer would own a license to
use their copy of the code any way they choose, unless you have a separate
license agreement, which would regulate the terms and conditions of the
license.
Of course designing sites - HTML, interface and graphics is not quite the same thing as
writing software or scripts. In some cases with design the client can be better
off with the designer retaining copyright because if there's an infraction they
wouldn't begin to know what to do. |