By placing an Order for
this ShowyFlash Website you are agreeing to the following terms and
LEGALLY BINDING CONTRACT AND AGREEMENT
(1) SUPPLIER: and (2) CLIENT
Trading As: R. M. Ditomo ABN 71 068 928 104 using Domain
and/or any other Domain Name owned by
R. M. Ditomo
PO Box 14, Lithgow, NSW, 2790
When we use the expression ShowyFlash, we are referring to R. M. Ditomo as the
Supplier of the product or package or service offered.
You are entering into a contract with R. M.
Ditomo ABN 71 068 928 104 using ShowyFlash as our Internet Domain Name.
CLIENT: When you pay for this Order via PayPal, then YOU will become the
you pay for this Order, you will be identifying yourself via PayPal. It
includes your Email address and your Credit Card and/or Bank Account
Details are stored inside your PayPal account. By submitting this Order to
us, you are entering into a Legal Agreement with us.
you click the PayPal button below, and submit the payment, then you will
receive a Receipt and we will receive an Order and it will clearly
identify you as making the Payment.
(1) SUPPLIER PRODUCTS
It may include some of these or variances of
(1) Online Website:
(2) Website System
(4) DVD Movie Disk
(5) Advertising Online and Offline
PRODUCT CHOICE BY CLIENT:
will have received an OFFICIAL OFFER. It will be Clearly Show
"OFFICIAL OFFER" from us, and it will contain the Supplier Product type,
and the Pricing and any SPECIAL CONDITIONS.
are Ordering the "FULL PACKAGE" and it may change from time to time. Refer
to the "OFFICIAL OFFER" that will describe the Supplier Product in full.
Print out that Email and it will be a part of this Legal Contract with
ShowyFlash if you decide to go ahead and purchase.
Legal Terms and Conditions
Product 2) Definition of a Website System
It is a Website system that is
‘pre-built’ by a programmer or designer. When it is installed, it can be
customised to suit an individual Client. They normally need many
adjustments and changes to suit the needs of Clients. Instead of paying to
have a Website built ‘from scratch’ you can get a Website System Script
installed at a much lower price, than having to have it designed from
nothing, or ‘from scratch.’
can quote, and install a suitable Website System Script for a Client
according to the needs of the Client. We can make some adjustments, or
quote for the installation and adjustments to suit the Client. We work
with other programmers and International Contacts. Sometimes it is
possible to see a “sample” in advance.
The Client may pay a deposit towards the total
agreed price. The deposit may be varied at the discretion of
and a Tax Invoice will be supplied. The Client agrees to pay the
Balance before the work commences. Client agrees that the
Product is 'pre-paid.'
be unable to complete the Product, within 60 days of the Client
signing this Contract, due to the Client’s inability to supply the
necessary documentation, pictures, images or details about the Client’s
reserves the right to cease work until the Client sends the needed
items to finish the Product.
receives all of the documentation, pictures, images or details about the
Client’s business required for the Product, after the 60 day period,
then the final price may increase. This increase will be at the
and the Client will be informed. It is agreed that
should not be compelled to stick to the original price if 60 days is
reached, without completion. The Client agrees to pay increased costs
The Client may cancel the Product at any time.
The Client must advise
in writing or Email of the request not to proceed or complete the Product.
requests for any reason. The Client agrees that there is No Refund.
It is agreed that any money paid to
is non-refundable. Any variance to this, is strictly at the discretion of
The Client agrees to
accept the decision, and will not attempt to forcibly, recover any monies
paid to ShowyFlash.
options include Cheque,
Direct Bank Deposit, Visa, MasterCard, PayPal and Cash etc. A Tax Invoice
Client is required to ensure that the content of
their Product meets all the current Australian legislation regarding
Publications. The Client shall further indemnify
in respect of any claims, costs and expenses that may arise from any
material included in their Product at the Client’s request.
reserves the right not to include any material supplied by the Client
ShowyFlash deems it
inappropriate or offensive, or if the material appears to infringe on
the copyrights owned by anyone else.
The Client will obtain all the necessary
permission and authorities in respect of the use of all copy, graphics,
company logos, names, trademarks, or anything supplied by the
of above mentioned material by the Client shall be regarded as a guarantee
by the Client to
that all such permission and authorities have been obtained.
responsibility will be accepted
for damages to or losses incurred by the Client from the use of material
for which the required permission or authority has not been obtained.
The Client agrees to indemnify
against all legal claims should any be made, concerning any material
supplied by the Client and published by
The Client is
granted permission to retain the usage of any graphics supplied by
ShowyFlash indefinitely, without further costs. It is agreed that if
supplies 3rd party graphics, that they will meet legal
permissions for commercial usage and for usage on the Client’s Product. If
the Client supplies their own legally permissible graphics, or text
wording, then the Client will own the copyrights indefinitely for them.
may display a “Copyright” notice onto the Product, at it’s own
discretion, and it will state that copyright is owned by
OR any of the domain names owned by
It is understood and agreed that this notice is acceptable between
and the Client, to alert potential internet Product thieves that they
should not steal any material from the Product. It is agreed that this
notice is used to advertise the services offered by
does not accept any responsibility for losses or damage arising from
errors within any site or if a site is not placed “live” on the
Internet by any particular date. The Client agrees that Website
Development can be very time consuming, and that all efforts will be made
to make the Website appear on the Internet, by any required date
determined by the Client. However, if the Website appears on the Internet
later than expected, then the Client agrees not to take any action of any
does not guarantee a completion date for any Product. Generally a couple
of weeks is common.
may perform regular Product maintenance, only if requested. The
fees are determined by
Any additions or changes and upgrades example:
text, pages, photos, graphics, tables, etc, will be charged on a “quote”
basis, and will depend on the amount or work or time and effort to achieve
the Client’s requests.
and Amendments to Product If someone else (other than
amends or alters the Product, without the
approval or knowledge of
may charge the current hourly rate to repair the Product or reinstall the
Product to its original content. It is recommended that the Client contact
to make any alterations. It is also agreed that
cannot and will not guarantee that existing data will be preserved. All
attempts will be made to back up any files, but it is understood and
agreed that Clients data may be lost, depending on the nature of the
problem. The Client agrees that any Amendments that they make will be
their own Responsibility if someone else other than ShowyFlash was used
to make the Amendments.
It is agreed that
once the Product is completed, and paid for in full, that the Client
may change the Product, or engage the services of anyone else to make
future adjustments and alterations. All such future changes and
adjustments are at the sole risk of the Client and
is no longer responsible for anything, its contents, or the actions of
anyone else that is taking over the responsibility.
It is agreed that
Domain Name Registration is not supplied by
ShowyFlash The Client
understands that this is not the responsibility of
The Client will apply for their own Domain Name
may (or may not) provide Hosting. It is also agreed that in both cases,
such services are independently owned and rented, and therefore
is not responsible for their actions, or servicing.
It is agreed that
the Client will not attempt to make any claims or legal claims against
for any failings or delivery problems supplied by any 3rd
party supplier The Client recognises that 3rd party
suppliers may include Domain Name Registration services, or Web Hosting
services or any other hardware or software supplier. The Client recognises
are not the legal owners of these services, and that
simply use them, and the Client also users these services under the terms
offered by the 3rd party supplier.
It is agreed that
will endeavour to build the Product (if a visual Product) for the
Client according to the general appearance and layout options preferred by
the Client. However, the Client agrees that the Product layout, image
location and general appearance of the Product will be determined by
It is agreed that not all of the Clients preferences are possible due to
skill level, or software and systems available to
agrees to do its best, to meet the requirements of the Client, and the
Client agrees that the Final Decision will be made by
and the Client will accept the decision after consultation.
It is agreed that
when all the URL links, images, and text wording is installed onto the
Product, and it is in a functional state, then the Completion Date can
be determined by
ShowyFlash If there are
minor adjustments, additional images or wording required, and if these
adjustments are within the quoted and agreed price, then
will complete the adjustments after the final payment.
If the Client
requires a Major Change to the design of the Product after the Contract
has been signed, and if the Major Changes exceed the quote and agreed
price, then the Client will be offered a quote for the additional work.
The Client may accept the quote or go ahead with the original agreement.
It is agreed that if the major design change is not possible for
to complete, then the original agreement will be completed, and the Client
will accept the original.
The notices for
Major Changes will be notified in writing, Email or Phone as the
need arises. The Client agrees to send an Email to
and confirm agreement to pay for the extra work. The extra work will be
pre-paid by the Client.
It is agreed that
provides a Product traffic promotion program (either paid or unpaid)
that such advertising is not guaranteed to provide any sale, or
business request, or service request, or even one phone call, from a
potential customer. Advertising and All Risks are accepted by the Client.
It is agreed that
will provide service for a period of 90 days after completion of the
work. This does not include alterations, or changes to the Product.
Service requests will be reviewed and if
can do it free, then we will do so. If not covered, then a quote will be
given, or the Client will be directed to the Developers Website, or Manual
(if any) or Developers Email or Support Desk
It is agreed that
will not be providing any Product traffic solutions or guarantees to
the Client that they might receive visitors or be found on the Internet
via a search engine or link. It is agreed that the Client is fully
responsible for their own advertising, Search Engine submissions. It is
understood, agreed that “Search Engines” have their own regulations and
It is agreed that
creates a DVD Movie Disk for the Client, that the DVD Movie Disk
will be constructed using the best skills and expertise available to
It is agreed and understood that some DVD players may have difficulty
in playing computer generated movies and shows and/or slideshows. This
risk is accepted by the Client. It is also agreed that the Client will not
make any kind of claim against ShowyFlash for this Product.
It is agreed that
the Client will not ever take action against
ShowyFlash for loss of
business. It is understood that there are many variables to a business
failure: The Clients reputation, the pricing offered by the Client, the
products offered by the Client, advertising or lack of advertising, and
even the nature of the people involved. It is understood and agreed that
the variables of these kinds of failure are beyond the control of
The Client agrees to accept all the risks.
It is agreed that a Product installed by
is a product owned, or created by a 3rd Party Provider or Supplier or
is an installer, for the Product, and may make some adjustments to it, but
may at times also engage the services of the 3rd Party Provider or
Supplier to assist in creating the final Product offered by the Client or
that might appear live on the Internet. It is agreed that
can give a Quote for the final Product or it may involve costs determined
by the 3rd Party Provider or Supplier.
Technical Support: In
the first instance, the Client understands that support is offered by
may offer some assistance and technical support. It is understood that the
3rd Party Provider or Supplier may offer Limited Time Support at no cost.
Alternatively, it might be at no cost for a period of time. Then it may
convert to a paid service. The Client agrees and understands that Ongoing
Support for their Product may be either paid or unpaid. The Terms and
Conditions offered by the 3rd Party Provider or Supplier will be the
priority, if it involves matters outside the scope of
It is agreed that
be approached in the first instance, and then the Client will be advised
on the process to either repair or alter the Product, or answer any
will provide instructions at the time if necessary, and any costs if they
apply to the matter or issue.
Day Operation General
day to day operation, will be performed by the Client. For example:
Entering of data: Processing of Orders and Sales. Support may be provided
by the use of a Manual, or the Client may approach
in the first instance, and if possible,
will assist. If the problem or query cannot be addressed by
will refer the Client to the Product designers Website. The Client may
have Free Support at times, or it may be a paid service. The Client agrees
to accept the Terms offered by the Product designers.
will try to assist, and may refer the Client to the 3rd Party
Provider or Supplier for assistance. It may be Free, or it may be a paid
service, and the Client agrees to pay the costs of any support.
TELEMARKETING TERMS AND CONDITIONS IN
ADDITION TO ALL ABOVE
Visit this Website to
view all of the Terms and Conditions used by ShowyFlash
The latest Terms
and Conditions on this Website form a part of this Legal Contract. Changes
can occur anytime.
Description of the Product and any
"OFFICIAL OFFER" from us will give any additional Product Descriptions or
Number of pages in this Contract and Understanding the Contract and
acknowledges that the Contract was fully read and understood prior to
going ahead and ordering.
The Client agrees
to accept all services, and pricing offered by
and has fully researched
and makes the decision to go ahead with this Contract based on a clear
understanding of the Products and services offered.
Total and Agreed Price: $ Refer to
Balance due on completion (If Applicable)
$ Refer to OFFICIAL OFFER
ADDENDUM 1) SUPPLY AND INSTALLATION TERMS
SOFTWARE SHOPPING CART AND/OR ONLINE
Product URL SAMPLE (Refer to OFFICIAL
OFFER) This is the system that we will install
It is commercial software, and only users
who have purchased a valid license (or who have permission to use the
(via its suppliers) and accepted the terms of this Agreement can install,
or have installed, or use this Product. THIS END-USER AGREEMENT IS A LEGAL
AGREEMENT BETWEEN YOU AND YOUR COMPANY (COLLECTIVELY, "YOU") AND
(HEREINAFTER REFERRED TO AS
FOR THE SOFTWARE Product WHICH INCLUDES
COMPUTER SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, AND
"ONLINE" OR ELECTRONIC DOCUMENTATION (COLLECTIVELY, THE "SOFTWARE"). BY
USING THE SOFTWARE, YOU SIGNIFY YOUR AGREEMENT TO ALL TERMS, CONDITIONS,
AND NOTICES CONTAINED OR REFERENCED HEREIN. IF YOU ARE NOT WILLING TO BE
BOUND BY THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
1. LICENSE GRANT
You are granted, a limited, non-exclusive
and non-transferable license (or permission) to use the Software. You
agree to use the Software only as authorized in this Agreement. This
Agreement does not convey to you any ownership rights or any other
interest in the Software. This Software is to be installed and used on
only one domain. A valid license or permission must be purchased for each
domain on which the Software is installed and for each additional
installation on the same domain.
2. PROPRIETARY RIGHTS AND RESTRICTIONS
This Agreement does not convey title or
ownership to you but instead gives you only the limited rights to use the
Software as set forth in this Agreement.
The Software may be used on one website
computer owned by you. You agree that you will not assign, sublicense,
transfer, pledge, lease, rent, or share your rights under this Agreement.
You may not remove or alter any trademark, logo, copyright or other
proprietary notices, legends, symbols or labels in the Software. You may
not use the Software by more users than have been licensed or given
permission, on more computers than the number licensed, or given
permission, or by more developers than the number licensed, or given
permission as applicable.
3. LIMITATION OF LIABILITY
You assume all risk associated with the
installation and use of the Software (including without limitation all
conduct associated with administration). In no event shall
be liable whether in Contract, warranty, verbal, email, or anything
(including negligence (whether active, passive or imputed), Product
liability or strict liability or other theory), for cover or for any
indirect, incidental, special or consequential damages (including without
limitation any loss of profits or data, business interruption, computer
failure or other pecuniary loss) arising out of the use or inability to
use the software or performance of any related services, irrespective of,
has been advised of the possibility of such damages. You are agreeing to
accept all the risks, financial losses, (if any) or any problem that
develops (if any) through use of the Software.
If your Website or Product handles any
sort of Financial Transactions then you agree to Assume All Risks of every
4. TERMINATION OF AGREEMENT
This Agreement is effective until
terminated. This agreement is terminated immediately if you fail to comply
with it in any way.
has the right to take any action it deems necessary. You may terminate it
at any other time by deleting the Software and all copies, modifications
and merged portions in any form.