NIKart.com.au

1. Indemnity
The client acknowledges and agrees that NIKart will undertake the works in accordance with the terms of the Contract. The client indemnifies NIKart for any liability, costs, action, damages, or fees incurred by NIKart as a result of the manner in which the website or the materials provided by the client are used by the client or by other persons.

2. Not included
The client acknowledges and agrees that the following are not included in the Contract price:
(i) external links to the website
(ii) framesets navigation

3. Disclaimer
The client acknowledges and agrees that NIKart is not responsible for and accepts no liability for the following:
(i) interference or damage to the computer and its programmes through the website including but not limited to viruses, spam mail and other corrupting devices
(ii) missing or corrupt pages after the website is launched
(iii) browsers which do not support Javascript code or flash plugin
(iv) placement of web address on search engines
(v) form mail host
(vi) remotely hosted scripts such as forms.

4. Domain name & Hosting
(i) If the client does not require NIKart to register the URL/web address & Hosting, the client undertakes to register the address within 7 days of entering into this Contract.
(ii) Irrespective of whether NIKart or the client registers the URL/web address & Hosting, the client acknowledges that the contract between the client and the host company is independent from this Contract and that the host company is responsible to the client for the provision of the URL web address.
(iii) The client is responsible for renewing the URL /web address & Hosting Contract.
(iv) NIKart enables virus protection & spam filtering when your host is purchased through Domain Registration Services Australia.
(v) If NIKart registers the Domain name and or Hosting then the payment must be received within the first week upon singing the contract.

5. Website Material
(i) The client will promptly provide NIKart with the artwork, slogans & all written content for the website within the first 4 weeks upon signing the contract.
(ii) The client warrants that all material provided to NIKart in the preparation of the website is the clients own property or the client is authorized to use the material and the material does not infringe any copyright or other legislation in force in Australia.
(iii) The client indemnifies NIKart for any loss incurred by NIKart as a result of the clients breach of this clause.
(iv) The client will pay additional costs for any photographs, drawings and other visuals provided by NIKart provided that such additional costs are agreed in writing.
(v) The client is responsible for notifying NIKart of any changes to the business that may affect the content of the website.

6. Commencement Date
The commencement date of the Contract is the date when the client:
(i) Pays the deposit of 60% of the Contract price,
(ii) Provides NIKart with all the material to be used in the website,
(iii) Signs the contract, and
(iv) The Domain name & Hosting is established
whichever is the latest

7. Time for Completion
NIKart undertakes to use every endeavor to complete the works in accordance with the time for completion stated in the schedule. If additional time is required for development of the website, NIKart will advise the client of any extensions of time required on or before the end of the period stated in Time of Completion in the Schedule.

8. Final Payment
To avoid suspension of services and in accordance with the payment terms, the Final 40% amount must be received one week after viewing the web site and agreeing upon the ‘change sheet’.

9. Copyright
Any website produced by NIKart, is the copyright of NIKart, and is not to be reproduced or changed without the permission of NIKart.

10. Interpretation
In the Contract unless the context otherwise requires:
(a) words importing the singular include the plural and vice versa;
(b) words which are gender neutral or gender specific include each gender;
(c) other parts of speech and grammatical forms of a word or phrase defined in the Contract have a corresponding meaning;
(d) an expression importing a natural person includes a company, partnership, joint venture, association, corporation or other body corporate and a government body
(e) a reference to a thing (including, but not limited to, a chose in action or other right) includes a part of that thing;
(f) a reference to a clause, party, schedule or attachment is a reference to a clause of the Contract, and a party, schedule or attachment to, the Contract and a reference to the Contract includes a schedule and attachment to the Contract
(g) a reference to a law includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgement, rule of common law or equity and is a reference to that law as amended, consolidated or replaced;
(h) a reference to a document includes all amendments or supplements to that document, or replacements or novations of it;
(i) a reference to a part to a document includes that party's successors and permitted assigns;
(j) a Contract on the part of two or more persons binds them severally; and
(k) a reference to a Contract, other than the Contract, includes an undertaking, deed, Contract or legally enforceable arrangement or understanding, whether or not in writing.

Last updated - 2nd April 2007