The following the terms and conditions set out below form part of the contract between CW Newcastle and the client. They are governed by the laws of New South Wales, Australia.
Validity of Proposal
All prices are valid for a period of the contract.
Commencement of Work
Work will only commence on project following receipt of the initial payment quoted.
- You agree to pay all costs as set out in this Agreement and agree to be bound by the terms and conditions.
- All payments will be in advance.
- CW will endeavour to contact you by email to inform you of any overdue payments. In the event that CW cannot contact you, it will provide you with Written Notice of overdue payments.
- A Member will be charged a Dishonour Fee in the event that a credit card payment is dishonoured by their financial institution.
- Additional fees (being bank charges or administrative charges incurred by the Payment Provider) will apply for any overdue or late payments.
- If there are repeated failures to meet your payment obligations (other than through the fault of CW or its Payment Provider), without prejudicing CW’s rights to recover any overdue payments, your website may be suspended or terminated by Written Notice to you.
CW Newcastle provides a 3 week warranty period from the launch date for any coding issues. This is defined as issues only relating to the intended and agreed functionality as per the online form. This warranty period takes effect once the client has provided written signoff to launch the site.
This does not include any changes or updates to the design or functionality.
From time to time CW Newcastle will complete any necessary rectification or upgrades required for either WordPress or any related plugins as part of your monthly fee.
Should there be any required maintenance or upgrade critical for your website to remain secure and guarantee the integrity of the host server which is considered over and above the usual inclusions as deemed by CW Newcastle a quotation will be provided for approval. If the client does not agree to the required work CW Newcastle has the authority to cancel the clients website hosting at their discretion.
All changes or updates to the site, as requested by the client, will require written acceptance to a supplied proposal that will outline the agreed work. Client changes made in addition to the agreed proposal terms permitted at concept and construction review stage will be charged at standard hourly rates.
Cancellation of services
Should the client decide to cancel the services this must be done in writing and emailed to CW Newcastle. Any amounts owing must be paid in full.
Client changes made in addition to the agreed proposal terms permitted at concept and construction review stage will be charged at standard hourly rates.
CW Newcastle will make every effort to ensure your website will be compatible with all modern and industry supported browsers. We cannot guarantee that your website will always function for future browser version releases as technology changes. At the date of your websites launch it will be confirmed as to the browser checks at this time. Should CW Newcastle need to make updates to your website based on new browser technology; these changes will be charged at our hourly rate.
Note: Microsoft no longer supports Internet Explorer 7 (IE7) as of 2012. (For more information see
In relation to responsive websites, CW Newcastle is unable to support Internet Explorer 8 (IE8) as of 2014.
Third Party Integration
Integration with third party software can only be implemented with the current version of the software or API available at the time of development. CW Newcastle cannot guarantee that further updates of third party software will remain compatible. For example should third party organizations make changes to banking software CW Newcastle will provide an hourly rate for updates if required.
Goods & Services Tax
Unless otherwise specified, any fees, rates or prices quoted in this document do not include GST. A GST of 10% will be added. CW Newcastle’ invoices comply with the requirements for a ‘Tax Invoice’.
Title in all Intellectual Property generated during the undertaking of the work, including but not limited to copyright and designs of artwork, manuals, information, material reports, logos, layouts, printing, sound recordings, computer images and other output, does not pass to the client until payment is received in full.
Once full payment is received, it is agreed that the client will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports, logos, layouts, printing, sound recordings, computer images and other output, which is produced from the performance of the work outlined in this proposal. It is agreed that CW Newcastle hereby assign to the client, upon written acceptance of this proposal, all rights title and interest in the future copyright of any artwork, manuals, information, material reports and other output which is produced, extended or modified during the performance of the work outlined. This granting of copyright does not extend to the use of design proposals submitted, but not approved by the client, for the work outlined in this proposal. All rights pass to the client following full payment of all outstanding invoices.
The material contained in this letter/document and any correspondence is client confidential and must not be made available to any other person or organisation without written approval from CW Newcastle.
It is agreed that the employees of CW Newcastle shall not at any time, either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of the client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of the client.
Limitation of Liability
Cheap Websites Newcastle Pty Ltd will not be liable for any damages suffered by the client from any cause whatsoever and will not be responsible for any consequential damage suffered by the client or by any other party.
The client remains responsible for the content of the website and/or any other promotional material.
Amendments to these Terms and Conditions
All and any amendments to the terms and conditions outlined must be provided in writing by the client and signed by an authorised representative of CW Newcastle prior to commencement of work outlined in this submission.