WIT Care (Frequent updates/modification subscription)
In addition to our 'General Conditions', the client and WIT Webbing agree on the following articles.
“Us” or “we” means WIT Webbing.
“You” means the Client.
" Website" means a website designed by WIT Webbing
“ Web Package” means the Client’s website designed and hosted by WIT Webbing
“Bank Account” means the bank account held at the Client’s financial institution from which WIT Webbing is authorized to arrange for funds to be debited/credited.
“DDRS Agreement” means this Direct Debit Request Service Agreement between the Client and WIT Webbing.
“Banking day” or “Working Day” means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.
“Debit day” means the day that payment by the Client to WIT Webbing is due.
“Debit payment” means a particular transaction where a debit is made.
“Your financial institution” is the financial institution where the Client holds the account that he/she has authorized WIT Webbing to arrange to debit.
A "Month" is a calendar month.
1. Description of the products and services
1.1 General Features: WitCare is a three month minimum subscription for which the client prepays a number of hours per month for WIT Webbing to update and/or modify the current content of the client's website.
The number of hours per month prepaid by the client are mentioned on the client's latest purchase order.
The hours prepaid by the client are used by WIT Webbing to carry out the updates and modifications required by the client on the client's website. The client agrees that these services are for maintenance, updating and modification of an existing content only. The client acknowledges that the services included in the 'WitCare' contract DO NOT include any new graphic work such as creation of Banner / Gallery / Navigation Menus...If such modifications are needed, the Client will be informed of the extra costs likely to be incurred.
1.2 Specific features: As well as the services described in the article 1.1 above: "Care 1" includes 2 prepaid hours of work per month plus 30 minutes FREE offered by WIT Webbing. | "Care 2" includes 3 prepaid hours of work per month plus 30 minutes FREE offered by WIT Webbing. | "Care 3" includes 4 prepaid hours of work per month plus 30 minutes FREE offered by WIT Webbing. | 1 extra hour normal rate is at: $49.00.
1.3 Order Updates/modifications: The client may order the updates and/or modifications he/she require by phone or email. If ordered by phone, WIT Webbing will send by email to the client a confirmation form to be filled by the client and sent back to WIT Webbing before the ordered updates or modifications can be applied.
1.4 Change of mind: The client may cancel an update or modification order at no extra cost within 2 working days following the order. In general matter, WIT Webbing will not charge the client when the order is cancelled BEFORE the update/modification has been set-up. If the client changes his mind AFTER that an ordered update/modification has been set-up, the time spent by WIT Webbing to undo such update or modification will be deducted from the prepaid hours.
1.5 Extra hours and unused hours: The client is entitled to order any update or modification over the limit of the hours the client paid for. In such case, any 'extra' hour will be charged at the normal rate ($49.00 at the 26/02/2009). The client agrees that any prepaid hour that has not been used during the month of agreement is lost and can not be added to the next month hours.
1.6 Fair Use policy: WITCare is subject to a Fair Use policy. The customer acknowledges that in case of unreasonable or excessive use of the service, WITWebbing may decide not to renew the subscription. We also reserve the right to vary the terms of the Fair Use Policy from time to time.
2. Given Authority
WIT Webbing is entitled by the client to perform on the client's website any update and/or modification ordered/confirmed by email . The client agrees to provide WIT Webbing with the usernames, passwords and Ftp accounts necessary to update and/or modify the website.
3. Duration of the contract
The client may apply for 3 or 6 or 12 month contract. The contract will be automatically renewed at the end of the period for its initial duration.
4. Prices & Payment
4.1 In addition to our 'General Conditions', the products and services prices included in WitCare are that mentioned on the original purchase order of the client and on any other purchase order of the client.
4.2 The prices of WitCare may not change during the duration of the contract (3, 6 or 12 months). However, WIT Webbing may change its prices at the contract renewal (after 3, 6 or 12 months) within the framework of our "General Conditions".
4.3 Payments are due on the 5th day of each month for the current month. The client acknowledges that WIT Webbing will only start working on the client's website when the client's payment has been received by WIT Webbing. Payment may be done by direct transfers to WIT Webbing's bank account, by Credit Card, Paypal or by direct debit from the Credit Card or Bank Account nominated by the Client according to our 'General Conditions'.
4.5 Invoicing: WIT Webbing will provide the Client with a Tax Invoice every month.
5. Upgrade/Downgrade:
The Client can upgrade or downgrade his/her WITCare at any time (e.g. from a WITCare 1 to a WITCare 2). WIT Webbing will not charge any extra costs to upgrade the client's subscription. The new price paid by the client monthly will be the price of the new subscription he/she will have selected. Prevailing price is the price indicated on our website on the date of the new order. The client has been informed that an upgrade for a higher WITCare will automatically trigger a new starting date to the contract for its initial duration (3, 6 or 12 months). If the client wishes to downgrade to a lower WITCare (e.g. from WITCare 2 to WITCare 1), an $26.00 management fee will apply. Subscription upgrade/downgrade starts on the anniversary date of the month following the upgrade/downgrade request.
6. Cancellation
6.1 Change of mind: Read our "General Conditions"
6.2. Non-reconduction: At the end of the term of the contract (3, 6 or 12 months), the Client can oppose the tacit reconduction of his Agreement by way of a letter addressed to WIT Webbing at least 5 working days before the date of renewal.
6.3. Cancellation: The Client can cancel his/her subscription before the due date by way of a letter addressed to WIT Webbing. All goods and services purchased for which payment has not been received is due by the client. In the case of cancellation of the Agreement by the Client before the due date, the Client will have to pay all outstanding fees. Any cancellation of a WitCare contract by the Client before the due date will attract a AU$ 70.00 management fee to be paid by the Client.