WEBSITE SYSTEM SCRIPT ORDER

Legal Agreement and Terms and Conditions

After reading and understanding the Terms and Conditions, you may click the PayPal Order Button and Pay

We will contact you as soon as we receive your Order

By placing an Order for this Website System Script you are agreeing to the following terms and conditions:

 

LEGALLY BINDING CONTRACT AND AGREEMENT BETWEEN:

 

(1) SUPPLIER: and (2) CLIENT

 

(1) SUPPLIER: Product: Website System Script

 

(1) SUPPLIER: Trading as: R. M. Ditomo ABN 71 068 928 104 Domain Names ShowyFlash.com and/or any other Domain Name used 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.

 

(2) CLIENT: If you pay for this Order via PayPal, then YOU will become the Client

 

When 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.

 

Definition of a Website System Script

 

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 may need 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 lower price, than having to have it designed from nothing, or ‘from scratch.’ ShowyFlash 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 at times, using our International Contacts. Sometimes it is possible to see a “sample” in advance.

 

Legal Terms and Conditions

The Client may pay a deposit towards the total quoted and agreed price. ShowyFlash requires this amount to be paid, before any work commences to install the Website System Script. The Client agrees to pay the deposit. The deposit may be varied at the discretion of ShowyFlash, and a Tax Invoice will be supplied. The deposit will be paid via PayPal to ShowyFlash

In some cases, the full price will be required in advance, and zero balance at completion

The Client will be Tax Invoiced for any balance that may be owing on completion of the Website System Script and the Client agrees to pay within 7 days using PayPal

All payments to ShowyFlash are made online using PayPal. Other arrangements can be made by telephone or Email. In those cases, this contract may be faxed or posted.

Should ShowyFlash be unable to complete the Website System Script within 60 days, due to the Client’s inability to supply the necessary documentation, pictures, images or details about the Client’s business, then ShowyFlash reserves the right to Tax Invoice the Client for any work completed to date. The Client agrees to pay this amount within 7 days of the Tax Invoice date. If the work completed exceeds the deposit paid, the Client agrees to pay the balance owing within 7 days of receiving the bill.

If ShowyFlash receives all of the documentation, pictures, images or details about the Client’s business required for the Website System Script after the 60 day period, then the final price may increase. This increase will be at the discretion of ShowyFlash and the Client will be informed. It is agreed that ShowyFlash should not be compelled to stick to the original price if 60 days is reached, without completion. It is agreed that a time period of 60 days is fair. The Client agrees to pay increased costs determined by ShowyFlash

Should the Client cancel the Website System Script construction, then ShowyFlash will Tax Invoice the Client for any work completed, (if a balance is owing at that point in time) and the Client agrees to pay the balance owing within 7 days. The Client must advise ShowyFlash of the request not to proceed with the work.

Refunds and Cancellation requests for any reason. The client agrees that there is no refund. It is agreed that any money paid to ShowyFlash is non-refundable. Any variance to this, is strictly at the discretion of ShowyFlash The Client agrees to accept the decision, and will not attempt to forcibly, legally recover the payment.

The Client agrees that ShowyFlash owns the Website System Script and all of contents, until final payment. Payment options include check, direct bank deposit, Visa, MasterCard. A Tax Invoice is issued.

Client is required to ensure that the content of their Website System Script meets all the current Australian legislation regarding publications. The Client shall further indemnify ShowyFlash  in respect of any claims, and expenses that may arise from any material included at the Client’s request.

ShowyFlash reserves the right not to include any material supplied by the Client if ShowyFlash deems it inappropriate or offensive, or if the material appears to infringe on the copyrights owned by other persons / person or company or any organisation.

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 Client.

Supply of above mentioned material by the Client shall be regarded as a guarantee by the Client to ShowyFlash that all such permission and authorities have been obtained.

No responsibility will be accepted by ShowyFlash 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 ShowyFlash against all legal claims should any be made, concerning any material supplied by the Client and published by ShowyFlash

All original graphics designed by ShowyFlash remain the property of ShowyFlash until the Client's account has been paid in full, and the copyright of said graphics will reside with ShowyFlash. At this point, the Client is granted permission to retain the usage of the graphics indefinitely, without further costs. It is agreed that if ShowyFlash supplies 3rd Party Provider or Supplier graphics, that they will meet legal permissions for commercial Websites and for usage on the Client’s Websites. ShowyFlash will insure that any graphics it supplies are legally permissible on the Clients Website System Script. If the Client supplies their own legally permissible graphics, or text wording, then the Client will own the copyrights indefinitely for them.

Amendments to products: If the Client amends the Website System Script without the knowledge, consent or approval of ShowyFlash then the Client agrees to accept total and full legal responsibility for their own actions, and will not make any claims against ShowyFlash and agrees to indemnify ShowyFlash any legal claims for any matter regarding the Website System Script and or its associated services

ShowyFlash may display a “Copyright” notice onto the Website System Script at it’s own discretion, and it may state that copyright is owned by ShowyFlash OR www.ShowyFlash.com OR www.Showy-Flash.com OR any of the domain names owned by ShowyFlash It is understood and agreed that this notice is acceptable between ShowyFlash and the Client, to alert potential internet Website System Script thieves that they should not steal any material from the Website System Script. It is agreed that this notice is used to advertise the services offered by ShowyFlash.

ShowyFlash 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 System Script Development can be very time consuming, and that all efforts will be made to make the Website System Script appear on the Internet, by any required date determined by the Client.

If the Website System Script appears on the Internet later than expected, then the Client agrees not to take any legal action of any kind against ShowyFlash and that ShowyFlash does not guarantee a completion date for any product.

ShowyFlash may perform regular Website System Script maintenance, only if requested.

Any additions or alterations to any product will be ‘quoted’ and the Client may or may not wish to proceed.

Repairs to products: If someone else (other than ShowyFlash) amends or alters the Website System Script, without the approval or knowledge of ShowyFlash then ShowyFlash may charge the current hourly rate to repair the Website System Script or reinstall the Website System Script to its original content. It is recommended that the Client contact ShowyFlash to make any alterations. It is also agreed that ShowyFlash 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.

It is agreed that once the Website System Script is completed, and paid for in full, that the Client may change the Website System Script or engage the services of another Website System Script designer to make future alterations. All future changes and adjustments are at the sole risk of the Client. ShowyFlash 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 owned by ShowyFlash and that ShowyFlash may use the services of a Domain Name Registration Authority as a "reseller."  The Client understands that this is not the responsibility of ShowyFlash The Client will apply for their own Domain Name.

Hosting: ShowyFlash may (or may not) provide Hosting. It is also agreed that in both cases, such services are independently owned and rented, and therefore ShowyFlash is not responsible for their actions, or servicing.

It is agreed that the Client will not make any claims or legal claims against ShowyFlash for any failings or delivery problems supplied by any 3rd Party Provider or Supplier.

The Client recognises that 3rd Party Provider or Suppliers includes Domain Name Registration services, or Web Hosting services. The Client recognises that ShowyFlash are not the legal owners of these services, and that ShowyFlash simply use them, and the Client also agrees to use these services under the terms offered by the 3rd Party Provider or Supplier.

It is agreed that ShowyFlash will endeavour to build the Website System Script for the Client according to the general appearance and layout options preferred by the Client. However, the Client agrees that the Website System Script layout, image location and general appearance of the Website System Script will be determined by ShowyFlash It is agreed that not all of the Clients preferences are possible due to skill level, or software and systems available to ShowyFlash However, ShowyFlash agrees to do its best, to meet the requirements of the Client, and the Client agrees that the Final Decision will be made by ShowyFlash and the Client will accept the decision after consultation and will pay the amount required on the Tax Invoice upon completion.

It is agreed that the Website System Script Completion Date will be determined by ShowyFlash When the Website System Script has been completed, then ShowyFlash will advise the Client to pay within 7 days.

It is agreed that when all the URL links, images, and text wording is installed onto the Website System Script, 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 it is agreed that ShowyFlash will complete these adjustments even after the final payment.

If the Client requires a Major Change to the design of the Website System Script after the contract has been entered into, and after the deposit has been paid, 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 design. It is also agreed that if the major design change is not possible for ShowyFlash to complete, then the original design will be completed, and the Client will accept the original design.

The notices for these Major Changes will be notified in writing, Email or Phone as the need arises. The Client agrees to send an Email to ShowyFlash and confirm agreement to pay for the extra work. If the extra work is of a substantial nature, then the Client agrees to sign a Contract or confirm via Email for the additional agreement to pay for the work.

It is agreed that if ShowyFlash provides a Website System Script 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 who visits the Clients Website System Script. It is agreed that Advertising is risky. ShowyFlash recommends careful research and the risk is accepted by the Client.

It is agreed that ShowyFlash will not be providing any Website System Script traffic solutions or guarantees to the Client that they might receive Website System Script 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 policies.

It is agreed that the Client will not take action against ShowyFlash for loss of business. It is agreed that there are many variables to a Website System Script failure including the Clients reputation, the pricing of Products, the Products on the Website System Script, and lack of effective Advertising and even the nature of the people visiting the Website System Script at the time. It is understood and agreed that the variables of these kinds of failure are beyond the control of ShowyFlash The Client agrees to accept all the risks.

It is agreed that ShowyFlash will provide service for a period of 90 days after completion of the work. This does not include alterations, or changes to the Website and/or DVD Movie Disk. Service requests will be reviewed and if ShowyFlash 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

Installation Assistance It is agreed and understood that a Website System Script installed by ShowyFlash is a product owned, or created by a 3rd Party Provider or Supplier or software programmer. ShowyFlash is an installer, for the Website System Script, 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 Website System Script that will appear live on the Internet. It is agreed that ShowyFlash can give a Quote for the final product based on costs determined by ShowyFlash or it may involve costs determined by the 3rd Party Provider or Supplier.

Ongoing Technical Support: In the first instance, the Client understands that support is offered by ShowyFlash and that ShowyFlash 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 Website System Script 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 ShowyFlash It is agreed that ShowyFlash 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 questions. ShowyFlash will provide instructions at the time if necessary, and any costs if they apply to the matter or issue.

Day to Day Operation General day to day operation, of the Website System Script 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 ShowyFlash in the first instance, and if possible,  ShowyFlash will assist. If the problem or query cannot be addressed by ShowyFlash then ShowyFlash will refer the Client to the Website System Script’s 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 Website System Script designers. ShowyFlash 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 if it becomes necessary.

Understanding the Contract and Acceptance

 

There may be additional pages marked as Addendums that relate to this contract. Ex: Addendum 1)

 

The Client acknowledges that the Contract was fully read and understood prior to going ahead and paying.

 

The Client agrees to accept all services, and pricing offered by ShowyFlash, and has fully researched ShowyFlash, and makes the decision to go ahead with this contract based on a clear understanding of the products and services and willing to accept any pricing offered by ShowyFlash

Total and Agreed Installation Price in $

 

You will have received an Official Email from us. It will contain the details of the "Quote" and the amount to be paid.

 

You may attach a copy of our Email to this Contract for your records

 

Simply click on the PayPal button below, and enter the amount into the form and then pay

 

ADDENDUM 1) SUPPLY AND INSTALLATION TERMS OF AGREEMENT:

 

SOFTWARE SHOPPING CART AND/OR ONLINE PAYMENT WEBSITES

 

(1) SUPPLIER: Trading as: R. M. Ditomo ABN 71 068 928 104 Domain Names ShowyFlash.com and/or any other Domain Name used by R. M. Ditomo.

 

(2) CLIENT Details

 

CLIENT: If you pay for this Order via PayPal, then YOU will become the Client

 

When 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.

 

It is commercial software, and only users who have purchased a valid license (or who have permission to use the software) via ShowyFlash (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 ShowyFlash (HEREINAFTER REFERRED TO AS ShowyFlash and may include its suppliers) 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, OR DO NOT PAY FOR THE INSTALLATION.

 

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

 

2.1 Ownership.

 

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.

 

2.2 Restrictions.

 

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 ShowyFlash 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, even if ShowyFlash has been advised of the possibility of such damages. You are agreeing to accept all the risks,  financial losses, (if any) or any other problem that develops (if any) through the use of the Software.

 

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. ShowyFlash 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.

 

CLIENT AGREES AND UNDERSTANDS ALL 4 ITEMS ON THIS PAGE AND IN THIS CONTRACT

 

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