:: Definitions ::

• For the purposes of this document, the entity 'Designs with Purrsonality' (hereafter referred to as 'DWP') includes, it's principal Arna Coles, in her capacity as designer/developer and technical consultant, Dominic Coles.
• The 'Client' referrs to any person(s) who have employed the services of Designs with Purrsonality through the acceptance of an 'Offer' (defined below).
• The written estimate which is provided to an interested party, constitutes an 'Offer'.
• The acceptance of this 'Offer' forms an 'Agreement'.
• The term 'Project' includes any work/services undertaken and provided by DWP under the instruction of the 'Client'.

DWP reserves the right to change or modify, all or any part of, the Terms of Service at any time without notice. The Client's continued use of any DWP Services, constitutes a binding acceptance of these terms and conditions, including any changes or modifications made by DWP. It is expected that all Client's have read and understood the Terms of Service contained in this document.

DWP cannot be held responsible or liable for any information contained within their Client's websites. The textual content of their web site remains the copyright property of the Client. The Client agrees to indemnify Designs with Purrsonality! and it's principals, against any and all claims, costs, and expenses, including legal fees, which arise as a result of the materials included in the work completed by DWP at the request of the Client.

:: CORRESPONDENCE ::

To the best of our knowledge, all outgoing email messages sent from any account at the purrsonalitydesigns.com or catteries.com.au domains, are scanned for viruses and certified virus free. All incoming messages are also scanned. DWP runs the latest release of our chosen AntiVirus software and virus definitions are updated multiple times each day.

All scanned emails sent from DWP will contain a written certification at the foot of the message.

DWP will not accept any responsibility for viruses received or which infect a Client's or other third party's computer. DWP strongly recommends that the Client take full responsibility for ensuring that their operating environment is protected by AntiVirus software and a Firewall.

:: Quotation Requests & estimates ::

After submitting a 'Quote Request', a written estimate will be sent to you via e-mail within fourteen (8) working days. The estimated figure provided will be based on the information you complete when filling out the 'Quote Request' form. This amount may be subject to change throughout the design/development period if new features, pages or services are requested by the Client.

These Estimates are valid for a period of eight (8) weeks and are considered to be an 'offer'. Acceptance of this Offer in writing by the interested party constitutes an Agreement. Offers which are not accepted within an eight (8) week period lapse, and a new estimate will need to be drawn up.

Estimates are confidential and the forwarding of such information to a third party is not permitted.

:: costs and payment ::

DWP accepts payment via the following methods:

• Direct Bank Deposit/Transfer
• Money Order
• Bank Cheque
• PayPal

DWP does not accept payment by personal cheque.

It is in the Clients' best interest to obtain a receipt for all payments made via direct deposit/transfer.  If funds do not reach DWP bank account, a receipt will be required in order for the the matter to be followed up with the bank(s) in question.  If the Client does not have a receipt, they will be required to deposit monies owing again.

Deposits for Design & Development:-

Upon acceptance of the DWP 'offer' of services, the Client agrees to pay a 20-30% deposit calculated on the total sum quoted in the Estimate. The Client also agrees to pay the final balance/payment on completion of DWP services (once they have checked and approved the final draft but prior to full publication).

Maintenance:-

Maintenance costs that are charged and payable six (6) monthly in advance, are calculated on an individual Client basis and based on:

• The size of the Client's site in pages
• The work involved in maintaining the Client's site - such as resizing, thumb-nailing and framing of photos, adding graphical elements such as new headings/sub-headings etc.
• The pattern of site changes requested and made during the previous maintenance contract term.

Maintenance costs that are charged and payable per request and subsequent update will be charged at an hourly rate.

DWP reserves the right to disontinue maintenance services on a Client's site in cases where accounts have not been settled within 21 days.

Priority Service:

DWP reserves the right to prioritize early paying Clients and works on a 'first in, first served' basis. Alternatively, a Client has the option of paying a priority service fee (in line with standard market rates for web development services), if they require their project to be completed as a matter of urgency. In this instance, the priority service would be met within two (2) working days (on average and dependng on the nature of the service) from when all inclusions have been received by the Client.

Cancellation:

If a project is postponed after more than 50% completion by anyone other than DWP, then the balance of works will be invoiced and then completed at a date decided by the Client (if any).

If the project is cancelled by the Client prior to completion, he/she will be invoiced an amount that DWP judges to be proportional to the amount of work completed on the project to that point, along with any third party costs that DWP incurred. The Client will be eligible for no more than a 70% refund of their deposit.

Domain registration and hosting costs are non-refundable.

If a Client cancels their maintenance/hosting with DWP, 50% or more into the contract period, maintenance costs will not be refunded.

:: Privacy ::

Any personal information provided by the Client to DWP (such as usernames, passwords, address, telephone numbers and email addresses) will be held in the strictest confidence and will not be shared or disclosed to any other party under any circumstance, unless the Client has provided written instruction to DWP to do so.

:: Website Design & Development ::

Customers property when supplied to DWP will be held at the risk of the Client, although all reasonable care will be taken to prevent loss or damage. It is expected that Clients will keep copies and backups of all photographic and textual content supplied to DWP for inclusion in their site.

DWP reserves the right to refuse to make changes or additions to any Client's site, that are deemed to undermine the developmental aims of DWP - this would include items that impede the successful loading of a web page or which result in unacceptable delays in loading time of the web page.

Progress:-

Previews/drafts of the design and layout will be submitted to the Client throughout the development process. During the development period the Client is welcome to request changes or alterations to the graphical elements of their site. No alterations will be made to overall layout or graphical content once the final draft has been submitted for approval.

If, during the website development process, the client does not supply the content required in order to complete the Project within a reasonable amount of time, DWP will consider that the client wishes to cancel the Agreement.

Design Credit:-

A link to DWP will appear at the bottom of each web page of the Client's site.

Client Reward Program:-

Clients who successfully* refer new Clients to Designs with Purrsonality are eligible for a 10% discount off their next maintenance/hosting bill. *The new Client must commit to a design/development/hosting package and have paid a deposit before the existing Client is eligible for their reward.

Search engine submission:-

DWP will submit the Client's website details to several of the major search engines as part of the development agreement.

DWP does not guarantee the Client of a specific position/ranking for their web site in the search engine results. We will make every attempt to obtain a high ranking for the Client's web site based on keywords but DWP is not liable for circumstances beyond our control, such as changes in policy of the search engines involved.

:: Website Maintenance ::

Maintenance is carried out on an 'on call' basis which means that the Client sends through changes/updates whenever required and we ensure that these changes are uploaded within three (3) to seven (7) business days (depending on contract erms) from when receive your request in writing, via e-mail.

The seven (7) business day turnaround does not apply during periods of sick leave/illness or during periods of annual leave (up to four weeks annually). Clients will always be given notice in advance of scheduled annual leave.  The seven (7) day turnaround cannot be guaranteed during periods when DWP is experiencing technical problems with hardware/software.

The term 'maintenance' includes:

• Updating (adding/removing) textual information – such as matings, pending births, kittens/pups available, show results and updating titles.
• Updating (adding/removing) photographs (this covers re-sizing, framing and thumb-nailing).

The addition of extra pages to your site and/or graphical, theme or layout changes, as well as any of the 'Optional Extras', are not covered under the maintenance contract and are subject to additional fees.

Textual additions/changes that pertain to:

• other breeders' practices
• the condition of other breeders' cats/dogs or cattery/kennel (including those in your possession which have another breeders' registered prefix in their pedigree name)
• disputes with other breeders
• legal proceedings which have been, or are in the process of being, initiated

*will not be made*

Maintenance will only be carried out on sites developed by a third party, provided that the Client has settled any accounts and paid any monies owing to the original developer/designer and all contractual obligations between the Client and third party developer have been finalised.

DWP does not provide any form of technical support or training to Clients who decide not to renew their maintenance contract with DWP. In this case, The Client will take full responsibility for the up keep of their site.

If a Client wishes to take over the management of their site, DWP will only hand over the site when the current maintenance contract period ends and prior to entering into a new maintenance contract period.  Site content will not be passed on to the Client while their maintenance contract with DWP is still current.

DWP will discontinue all hosting and hosting related services upon termination of a maintenance contract.

:: Domain Registration & Hosting ::

Domain Registration:-

Domain registration for .com, .net, .org, .biz and .info (TLDs or Top Level Domains), is for a period of twelve (12) months - one (1) year. Registration costs must be paid in advance.

Domain registration for .com.au, .net.au, .org.au, .id.au (2LDs or Second Level Domains), is for a period of twenty four (24) months - two (2) years. Registration costs must be paid in advance.

To be eligible for registering a .com.au domain, Clients must have an ABN (Australian Business Number), ACN (Australian Company Number), BRN (state-based business registration number) or an Incorporation number.

Hosting:-

Where hosting invoices are overdue by 21 days, DWP reserves the right to suspend the Client's web site.

The Client will be notified in writing, via email, of any scheduled server maintenance or web site down-time.

DWP will at all times endeavour to provide progress reports to the Client in the event that the web server suffers unexpected technical difficulties which results in down-time.

DWP will not hand over FTP login details to the Client while a maintenance contract is still current.  If the Client wishes to take over the management of their site at the end of a contract period, DWP hosting and hosting related services will be cancelled.

:: Business Card Design & Printing ::

DWP will not be held responsible for discrepancies or differences between how colours appear on the Client's computer monitor as compared to print.

The graphic design fee charged by DWP for the Client's business card covers indefinite changes to personal details if repeat printing orders are placed. The original graphic design costs do not cover changes to photographs, headings, colours or layout - such changes incur an additional fee.

DWP may employ any person or company as a sub-contractor, for the production or provision of any printed item in accordance with any original design produced by DWP for the Client.