After reading and understanding the Terms and
Conditions, you may click the PayPal Order Button and Pay
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
LEGALLY BINDING CONTRACT AND AGREEMENT
(1) SUPPLIER: and (2) CLIENT
(1) SUPPLIER: Product:
and/or DVD Movie Disks and/or Other" will be used as a description in this
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)
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,
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: If 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.
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
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
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
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
options include check, direct bank deposit, Visa, MasterCard. A Tax
Invoice is issued. These additional payment methods may be arranged via
Telephone or Email.
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
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
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
by the Client shall be regarded as a guarantee by the Client to ShowyFlash that
all such permission and authorities have been obtained.
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.
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
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
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
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
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.
You may now click the PayPal logo below and pay