These are the standard terms and conditions for Website Design and Development and apply to all contracts and all workundertaken by “Triaxa ITSolutions” herein referred to as “Triaxa” for its clients.

NON-DISCLOSURE

We (and any subcontractors/ re-sellers we engage) agree that we will not at any time disclose any of your confidentialinformation to any third party.

OUR FEES AND DEPOSITS

A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with thewebsite design and development work. The remaining 50% shall become due when the work is completed to your reasonablesatisfaction. We reserve the right not to commence any work until the deposit has been paid in full.

The 50% deposit of advance paid is NON refundable as we book the domain & hosting on customer behalf. (We collect 50% payment after booking the domain & hosting).

VARIATIONS

We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.

Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged as per the variations.

Hosting Limitations (Fair usage policy):

Due to the nature of our industry and the costs involved with provisioning and maintaining your Service, we do not offer refunds or pro-rated refunds once the site is hosted and site is up & running. Shared hosting packages are designed to host personal or small business websites & self-need email services. It is not intended to host email services for businesses/large enterprises or to host applications better suited to cloud, business or dedicated servers.

While working on projects, if the project required higher hosting/server resources (This is a Rare scenarios conditions, sites that require more Security, CPU, RAM and inode (inode limitation of Upto 2,50,000)); we might increase hosting package/ plan without any prior notice (Trial period of 1 month of business or dedicated hosting included in such conditions) as without which we cannot complete the project. After completion of project, if customer denies paying the additional hosting charges (We would provide required invoice proof of same billed Triaxa), we have the right to discontinue the hosting after trial period. However, If customer wants to host the site on his own server or any other 3rd party server, we share the complete backup of the project.

We might charge extra for additional manpower required to deploy/install the back on any self-owned client server or for any 3rd party server.

PROJECT DELAYS AND CLIENT LIABILITY

Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content inphotography for the work pages. During development there is a certain amount of feedback required in order to progress tosubsequent phases. It is required that a single point of contact be appointed from your side and be made available on a dailybasis in order to expedite the feedback process.

APPROVAL OF WORK

On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of anyunsatisfactory points within 3 days of such notification. Any of the work which has not been reported in writing to us asunsatisfactory within the 3-day review period will be deemed to have been approved. Once approved, or deemed approved, workcannot subsequently be rejected and the contract will be deemed to have been completed and the 80% balance of the projectprice will become due.

REJECTED WORK

If you reject any of our work within the 3-day review period, or not approve subsequent work performed by us to remedy anypoints recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejectionof the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

PAYMENT

Upon completion of the 3-day review period, we will invoice you for the 80% balance of the project.

LICENSING

Once you have paid us in full for our work we grant to you a license to use the website and its related software and contentsfor the life of the website provided regular renewal of subscription is done on or before expiry of the term.

DISCLAIMER

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whetherexpress, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in anyway to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liabilityof Triaxaunder any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law,limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the servicesthat we were contracted to perform.

CROSS BROWSER COMPATIBILITY

By using current versions of well supported content management systems such as “Wordpress”, we endeavour to ensure that theweb sites we create are compatible with all current modern web

browsers such as the most recent versions of InternetExplorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support forall browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effortbasis, where any incompatibilities are found.

SUPPLY OF MATERIALS (CONTENT)

You must supply all materials and information (Copyrighted Content) required by us to complete the work in accordance withany agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and otherprinted material. If any delay in supplying these materials to us which leads to a delay in the completion of work, we havethe right to extend any previously agreed deadlines by a reasonable amount. Also If any content provided by you breaks thecopyrighted rules as mentioned in the The Copyright (Amendment) Act, 2012; then we would remove the content from websitewithout any prior notice.

WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registeredcompany logos, names and trade marks, or any other material that you supply to us to include in your website or webapplications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

SEARCH ENGINES

We do not guarantee any specific position in search engine results for your website. We perform basic search engineoptimisation according to current best practice.

CONSEQUENTIAL LOSS

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay inperformance or completion of our contract, however that delay arises.

SUBCONTRACTING

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

ADDITIONAL EXPENSES

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to thepurchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparableexpenses.

BACKUPS

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring anyclient data or client websites except to the extent that such data loss arises out of a negligent act or omission by us. 

BUSINESS & E-COMMERCE PLAN

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law willhold harmless, protect, and defend and indemnify Triaxaand itssubcontractors from any claim, penalty, tax, tariff loss ordamage arising from your or your clients’ use of Internet electronic commerce.

OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING (FILES)

We would book the domain name on your behalf and at any point in time you feel to move out for any reason we would do it in reasonable time and our transfer process is automated, fast and risk-free, so there’s nothing toworry about. And that means that moving your domain/ hosting (files) to any other service provider happens mostly in thebackground, leaving you with more time to work on your next big thing. Also the transfer happen, when you have no outstanding dues.

MODIFICATION OF THESE TERMS OF USE

TRIAXA reserves the right to change the terms, conditions, and notices under which the TRIAXA Web Site is offered, including but not limited to the charges associated with the use of the TRIAXA Web Site.

LINKS TO THIRD PARTY SITES

The TRIAXA Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of TRIAXA and TRIAXA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TRIAXA is not responsible for webcasting or any other form of transmission received from any Linked Site. TRIAXA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TRIAXA of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the TRIAXA Web Site, you warrant to TRIAXA that you will not use the TRIAXA Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the TRIAXA Web Site in any manner which could damage, disable, overburden, or impair the TRIAXA Web Site or interfere with any other party’s use and enjoyment of the TRIAXA Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the TRIAXA Web Sites.

TRIAXA has no obligation to monitor the Communication Services. However, TRIAXA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TRIAXA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

TRIAXA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TRIAXA’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. TRIAXA does not control or endorse the content, messages or information found in any Communication Service and, therefore, TRIAXA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized TRIAXA spokespersons, and their views do not necessarily reflect those of TRIAXA.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO TRIAXA OR POSTED AT ANY TRIAXA WEB SITE

TRIAXA does not claim ownership of the materials you provide to TRIAXA (including feedback and suggestions) or post, upload, input or submit to any TRIAXA Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting TRIAXA, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. TRIAXA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in TRIAXA’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TRIAXA WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TRIAXA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TRIAXA WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE TRIAXA WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TRIAXA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE TRIAXA WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TRIAXA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRIAXA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TRIAXA WEB SITE, WITH THE DELAY OR INABILITY TO USE THE TRIAXA WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TRIAXA WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE TRIAXA WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRIAXA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TRIAXA WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TRIAXA WEB SITE.

SERVICE CONTACT :  info@triaxa.com.au

TERMINATION/ACCESS RESTRICTION

TRIAXA reserves the right, in its sole discretion, to terminate your access to the TRIAXA Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the TRIAXA Web Site. Use of the TRIAXA Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TRIAXA as a result of this agreement or use of the TRIAXA Web Site. TRIAXA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TRIAXA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the TRIAXA Web Site or information provided to or gathered by TRIAXA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TRIAXA with respect to the TRIAXA Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TRIAXA with respect to the TRIAXA Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the TRIAXA Web Site are: Copyright 2023 by TRIAXA and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT