SHOWYFLASH ORDER WEBSITE

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 ShowyFlash Website you are agreeing to the following terms and conditions:

LEGALLY BINDING CONTRACT AND AGREEMENT BETWEEN:

 

(1) SUPPLIER: and (2) CLIENT

 

(1) SUPPLIER: Product: "Website and/or DVD Movie Disks and/or Other" will be used as a description in this contract.

 

1) Online Website or 2) DVD Movie Disk or 3) Other Product as described by Email. The Official Quote Email may contain a combination of 1) 2) or 3)

 

(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.

 

You will have received an Official Email or Quote from us. Simply attach a copy of the Official Quote Email to this Contract for your records

 

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 construct the Website and/or DVD Movie Disks and/or Other. The Client agrees to pay the required deposit. The deposit may be varied at the discretion of ShowyFlash, and a Tax Invoice will be supplied and will show the deposit, and balance owing.

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 and/or DVD Movie Disks and/or Other, and the Client agrees to pay within 7 days.

Should ShowyFlash be unable to complete the Website and/or DVD Movie Disk and/or Other, within 60 days of entering this Contract, 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 the bill.

If ShowyFlash receives all of the documentation, pictures, images or details about the Client’s business required for the Website and/or DVD Movie Disk and/or Other, 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. The Client agrees to pay increased costs determined by ShowyFlash

Should the Client cancel the Website and/or DVD Movie Disk and/or Other 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 by telephone or in writing or Email of the request not to proceed or complete the Website and/or DVD Movie Disk and/or Other.

Refund requests for any reason ShowyFlash will look at the project, and the time and necessary resources spent on the project, then ShowyFlash may issue a credit in the form of a check, or may offer some other form of rebate, at the discretion of ShowyFlash 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 or legally recover the payment.

Cancellations: Same as “Refund requests” above: The Client may cancel the Website and/or DVD Movie Disk and/or Other and the Client agrees that there is no refund and as described in Refund Requests above.

The Client agrees that ShowyFlash owns the Website and/or DVD Movie Disk and/or Other, and all of its contents, until the final payment has been made by the Client to ShowyFlash

Payment options include check, direct bank deposit, Visa, MasterCard. A Tax Invoice is issued. These additional payment methods may be arranged via Telephone or Email.

Client is required to ensure that the content of their Website and/or DVD Movie Disk and/or Other meets all the current Australian legislation regarding publications. The Client shall further indemnify ShowyFlash  in respect of any claims, costs and expenses that may arise from any material included in their Website and/or DVD Movie Disk and/or Other 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 graphics, that they will meet legal permissions for commercial Website and/or DVD Movie Disks/Other, and for usage on the Client’s Website and/or DVD Movie Disk and/or Other. ShowyFlash will insure that any graphics it supplies are legally permissible on the Clients Website and/or DVD Movie Disk and/or Other. 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 and/or DVD Movie Disk and/or Other 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 of any legal claims for any matter.

ShowyFlash will display a “Copyright” notice onto the Website and/or DVD Movie Disk and/or Other, at it’s own discretion, and it will 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 and/or DVD Movie Disk and/or Other thieves that they should not steal any material from the Website and/or DVD Movie Disk and/or Other. 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 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 legal action of any kind against ShowyFlash. This clause includes the DVD Movie disk/Other products. ShowyFlash does not guarantee a completion date for any product.

ShowyFlash may perform regular Website and/or DVD Movie Disk and/or Other maintenance, only if requested, for a yearly or half year fee. The fees are determined by ShowyFlash at the time of request.

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.

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

It is agreed that once the Website and/or DVD Movie Disk and/or Other is completed, and paid for in full, that the Client may change the Website and/or DVD Movie Disk and/or Other, or engage the services of another Website and/or DVD Movie Disk and/or Other designer to make future adjustments and alterations. All such future changes and adjustments are at the sole risk of the Client and ShowyFlash is no longer responsible for anything, its contents, or the actions of anyone else that is taking over the responsibility for any product supplied by ShowyFlash

It is agreed that Domain Name Registration is not owned by ShowyFlash The Client understands that ShowyFlash are "resellers" and may offer low cost Domain Name Registration to the Client. The Client understands that they 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 attempt to make any claims or legal claims against ShowyFlash 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 that ShowyFlash are not the legal owners of these services, and that ShowyFlash simply use them, and the Client also users these services under the terms offered by the 3rd party supplier.

It is agreed that ShowyFlash will endeavour to build the Website and/or DVD Movie Disk and/or Other for the Client according to the general appearance and layout options preferred by the Client. However, the Client agrees that the Website and/or DVD Movie Disk and/or Other layout, image location and general appearance of the Website and/or DVD Movie Disk and/or Other 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 of all the works.

It is agreed that the Website and/or DVD Movie Disk and/or Other Completion Date will be determined by ShowyFlash When the Website and/or DVD Movie Disk and/or Other has been completed, then ShowyFlash will advise the Client. The balance will be paid within 7 days

It is agreed that when all the URL links, images, and text wording is installed onto the Website and/or DVD Movie Disk and/or Other, 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 ShowyFlash will complete the adjustments after the final payment.

If the Client requires a Major Change to the design of the Website and/or DVD Movie Disk and/or Other, 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.

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 send an Email to confirm agreement to pay for the additional work.

It is agreed that if ShowyFlash provides a Website and/or DVD Movie Disk and/or Other 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 and/or DVD Movie Disk and/or Other. It is agreed that Advertising is risky, including the Internet. ShowyFlash recommends that Internet Advertising be done only after research and the risk is accepted by the Client.

It is agreed that ShowyFlash will not be providing any Website and/or DVD Movie Disk and/or Other traffic solutions or guarantees to the Client that they might receive Website and/or DVD Movie Disk and/or Other 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 if ShowyFlash creates a DVD Movie Disk for the Client, that the DVD Movie Disk will be constructed using the best skills and expertise available to ShowyFlash 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 (both legal and/or financial) 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 Website failure including the Website itself, the Clients reputation, the pricing on the Website, the Products on the Website, Advertising or lack of Advertising, and even the nature of the people visiting the Website 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

Understanding the Contract and Acceptance

 

Both parties agree to abide by the terms of this Contract. It is also agreed that a copy of the Contract be retained by both parties.

 

The Client acknowledges that the Contract was fully read and understood prior to paying via PayPal.

 

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 offered by ShowyFlash.

 

Total and Agreed Price: $ Attach a copy of the Official Email that will show the Price and Payment amount.

 

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