Terms & Conditions

All client/user must read and agree to the following terms and condition before ordering/ purchasing/ viewing any service/product from Essence Enterprises solutions pty ltd (T/A Web99). Client/user’s any communication with web99 related to any service/product will be considered as client/ users acceptance of following terms & condition.

The following terms and condition applies to all services/ products provided to client/user by web99.

Payment options and terms:

Client must read and understand all information carefully before proceeding payment.

1. All prices are excluding GST and administration fees.

2. Any cost arising from payment clearings or transaction charges are solely the responsibility of the client and will be charged as such.

3. Web99 may require the Customer to pay a credit card surcharge and payment gateway surcharge (in addition to any payment) of up to 4% plus GST of the payment amount where the Customer pays by credit card or customer use online payment gateway for payment. We do not accept American express or dinner’s club for payment. To organize payment via credit card please contact on 1300 0web99 (1300 093 299).

4. Web99 may apply a payment received from the Customer to any amounts owed by the Customer (including interest, part payment of an invoice, administration, collection and other costs) in any order.

5. Web99 is entitled to set-off or deduct any amount payable by web99 to the Customer.

6. A payment dishonour fee may be charged by web99 if a Customer’s payment is dishonoured in any way. This fee will be in addition to any fees the Customer’s financial institution or credit provider may charge the Customer.

7. Interest is payable on overdue accounts at a rate of 4% per calendar month (calculated daily), plus a monthly administration fee of $40 will apply.

8. Cheque Payment: All cheque must be made payable to ‘Essence enterprises solutions pty ltd’. Cheque must be sent to : Web99 PO Box 9 Westmead NSW 2145

9. Online payment: To process online payment Click here. This Payment attracts 4% surcharge.

10. Direct debit Payment :

Note: client must enter invoice Number in narration/note for payment

Bank: Bank west

Name: Essence Enterprises solutions pty ltd; BSB: 302-162; Account No: 0423462

Quotations and Estimates:

• All quotations and estimates provided by web99 are valid for a period of 15 days from Date of issue. Quotations not accepted within this timeframe must be re-issued.

• All quotations are required to be accepted using the supplied Quotation Acceptance Form and returned to Essence Enterprises Solution pty ltd within 5 working day via email.

• All quotations for web portal development will require a 50% deposit upon acceptance.

• All quotations for Digital marketing, Graphic designing & Printing will require a 100% payment upon acceptance.

Deposit & additional charges:

• Web99 will charge 50% of total cost as a deposit for the commencement of any web portal development projects.

• Web99 will charge 100% of total cost as a deposit for the commencement of any Graphic Designing & digital marketing projects.

• Apart from this, Web99 may even request further payment from client if web99 have to purchase any other services/product to initiate development. Such Additional products/services may not be included in scope of work as this services or products are required for testing, connection and launching of web portal. Any delay in provision of additional payment will delay project & completion deadline.

• Any project cancellations will incur additional administration (up to 20% of total cost) and cancellation fees (up to 30% of total cost) on top of deposit payment.

• Client may incur further administrative fee (up to 70% of total cost) if client wish to restart their cancelled web development project.

• Web99 may charge additional fees for any changes in integration process of third party product in case of additional time required for integration and/or any changes in third party provider’s product.

Time Frame:

• All project related content/data/requirements must be provided to web99 via email within 7 working days from the day of first deposit of development payment.

• Any development flow must be finalize for development within 5 working days from the day of submission. Web99 reserves right to place any development on Administrative hold or even cancel in case of delay in submission of any content and/or data related to project.

• Graphic designing projects will be considered as approved and completed if client does not provide any changes/ approval within 3 working days from date of design submission by web99.

• Web99’s graphic designing packages are restricted in terms of revision and timeframe.

• Web99 will only provide Print ready file in pdf format for graphic designing project to client. This file will be only provided once via email to client. There will be an additional charge for any further request for print ready artwork. Client will not receive any original editable files for any graphic designing projects. There will be an additional cost for editable original files.

• Client may also incur delay fees for delay of 20 working days from set completion date of any project due to client’s continuous delay in submission of data/content and/or providing work approval/work requirement related to project.

• Project will be cancelled for Any Delay of 30 working days from the set completion date of project due to client’s continuous delay in submission of data/content and/or providing work approval/ requirement related to project.

• Web99 will not be held liable for any delay in development/designing due to third party provider’s delay in provision of information/data/service required for development.

• Web99 will not be held liable for any personal, financial or other lose due delay in any development or designing. Deposited money will be utilized to cover cost related development remaining amount will be returned to client.

• Web99 can even refuse to accept any further changes in software flow if those changes are technically or financially not acceptable by web99 at any phase of development.

Payment & Refund related terms:

• This terms and condition policy includes refund & payment related information that explains how & when we take payments & how we handle returns, refunds, and exchanges. Essence Enterprises Solution pty ltd (trade as Web 99) (ABN 24 159 450 889) believes in helping its customers as far as possible, and has therefore a considerate Refund policy. Web99 makes every effort to proceed refund requests, but reserves the right to issue or refuse refund.

• Web99 undertakes all development projects under the purview of Milestones that dictate the direction / phases of development.

• Web99 charge agreed fees for service at the start of each phase of any web portal project. Requests for refunds, after the deposit payment’s associated Milestone Tasks have been achieved, must be presented to web99 in writing via email to support@web99.com. This email must include clear indication of services needs to be terminated or development needs to be discontinued. All email for termination of service and/or cessation of development project must include date of termination/cessation, services/project required to be terminated, reason for termination/cessation of development, and client’s personal & company details.

• Refund requests must be made prior to web99 receiving written or verbal authorization or approval of acceptance of services performed. After a proof has been accepted, no refund is available on graphic design or development projects.

• Web99 refund team will assess refund request and will inform client within 30 working days about final refund amount. Web99’s decision will be consider as final decision for any refund request.

• Refund request for any completed/submitted development project as full or part must be submitted within 5 working days from day of final submission. Any refund request after 5^th working day will not be considered as valid.

• Our Web development, graphic designing and digital marketing projects comes in the form of service. This services are not a tangible product that can be returned for refund. Hence, refund will be in form of service only. Web99 will only correct issues related to agreed service according to scope of work confirmed via email at the start of work. Web99 will correct this issues within appropriate timeframe. This timeframe, terms of refund & refund amount will be entirely a decision of web99.

• Since Essence Enterprises Solution pty ltd (trade as Web 99) and the Clientele realize that there is work involved in achieving every milestone of the project and completion of every module, a 100% refund would not be possible for the work already completed. Client agrees that if the client choose to go to court for refund the maximum refund for any Web development, graphic designing and digital marketing project will be 10% of total contracted amount. Legal cost will be deducted from total refund amount. If Legal cost for web99 to defend that refund request including all man hours higher than refund amount web99 will be generate an additional invoice for such cost to client.

• Cooling off period: Essence Enterprises Solution pty ltd (trade as Web 99) also respects a decision made by a client to works with a different provider within 24 hours of the project initiation. In such a scenario Essence Enterprises Solution pty ltd (trade as Web 99) would refund 75% of amount for the project that has been paid till date. However, Client will return and will not use any material provided by Essence Enterprises solutions pty ltd.

• No cancellations or cooling off periods are entertained for those Services that the Essence Enterprises Solution pty ltd (trade as Web 99) marketing team has offered on special occasions. These are limited occasion offers and therefore cancellations are not possible.

• Development Services and Consulting – if the services opted by you are T&M (Time & Material) based services or Hire Dedicated Developer service, these are non-refundable.

• For all printing and promotional material return and cancellation read terms and condition for printing and promotional material.

Residency Requirements:

• Minimum requirements for where the completed web portal will reside, will be provided on all web99 quotations or will be send separately via email.

• The quoted cost on web99 quotation is only valid if the minimum residency requirements are met or exceeded for said quotation.

• Web99 can provide, as an additional service, a package that will meet the stated requirements. The package offered will provide the most streamlined and cost-effective installation of the quoted web portal. This package in certain cases added as a separate product to the quotation already.

• If Web99 package is not used to host the completed web application, web99 will not be liable for any additional time or resources, above and beyond that already included in the quotation, required to get the completed application installed where the client has asked it to reside.

• Web99 will bill any additional time and/or resources, above and beyond that already included in the quotation, required to get the completed application installed on the clients host at decided amount per hour excluding GST. The minimum cost for this will be 4 hours at the abovementioned rate.

Training:

• Client will be provided training for the use of their web portal only once as a part of our standard contract. Any Additional training will be an additional cost unless agreed to it in agreement. First training will be online training via remote desktop during the time what suitable to web99 training team.

Browser compatibility:

• Web 99 web projects will be compatible in the most recent versions of all current web browsers including (but not limited to) Firefox, Safari, Chrome (all on PC & Mac) & Internet Explorer. While we strive to give everyone a seamless & near-identical experience across each of these browsers, it is impossible to compensate for the lack of web standards support (relating to HTML & CSS) in certain browsers.

Log in Credentials:

• The client will required to change all passwords for web portal provided by web99 as soon as possible. Client must not share any of their log in credentials of web portal with any other person/business. Web99 does not take any responsibility of loss of password or user name. Client must secure the password and log in id. Web99 cannot accept any responsibility for any alteration in your web portal due to loss of your log in credential. Such alterations include, but are not limited to additions, modifications, or deletions.

• Client must not change any log in credential of social media, blogs, directories and any other web portal created for marketing of client’s web portal as a part of SEO.

Travel, Lodging and Boarding, Local Conveyance:

• Reasonable travel from Out of Sydney to site, Lodging and Boarding and Local Conveyance will be provided by Client. However, Web99 will always take prior approval via email from client for any such expenses.

Responsibility of the client:

Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner:

• coordination of any decision-making with parties other than the Web99;

• provision of Client Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the Proposal; and

• final proofreading and in the event that Client has approved Deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the finished product, Client shall incur the cost of correcting such errors.

• Provide us with complete, accurate and timely information requested for and to carry out any other obligations ascribed to client as otherwise these would affect the project’s time schedule and cost.

Content, Permissions and Copyrights:

• The client will obtain all necessary permissions and authorities with respect to the use of all copy, graphics, logos, names and trademarks and any other material supplied by the client to Essence Enterprises Solution.

• Supply of said material by the client to web99 shall be regarded as a guarantee from the client that all such permissions and authorities have been sought and obtained for said material.

• No responsibility will be accepted by web99 for damages or losses incurred by the client from the use of material for which permission or authority has not been obtained.

• The client shall further indemnify Web99 in respect of any claims, costs and expenses that may arise from any material included within the quoted web portal by Web99 at the client’s request.

• Web99 reserves the right not to include any material supplied by the client within the quoted projects if Essence Enterprises Solution deems said material inappropriate or offensive.

• Web99 will not populate the web portal with the final content unless said content is delivered to Web99 in digital editable format prior to commencement of work. Said content, if available, will be used for testing purposes and may not be formatted how the client requires it. If content is not available mock placeholder content will be used.

• It is the client’s responsibility, in all cases, to ensure the web portal content is displayed and formatted as they require. If the client cannot format the web portal content, Web99 will offer this service Web99’s current hourly rate at the time of the request. In certain cases client can opt to select annual maintenance package with web99 that included such changes as a part of deal.

• All written content must be provided in word document for web portal development/graphic designing/ online marketing.

• Client must check all content provided by web99 for web portal / online marketing / printing for spelling & grammar issues.

• Client must check whole web portal for any grammar and/or spelling mistakes. Web99 does not take responsibility of any form of loss/ harm/damage due to spelling mistake or grammar mistake on web portal / online marketing/graphic design/ printing.

• Client must provide all photos & videos via email or using large file transfer service. All photos & videos must be checked by client for any copyright issues.

Intellectual Property Rights:

• Unless specified all quotations provided by web99, does not include any source code license.

• All source code and associated intellectual property relating to said source code, developed by web99, solely remains the property of web99, except where specific code license has been issued to the client and said issuance has been indicated in writing from web99.

• Web99 will hold Intellectual rights of the flow of software if web99 will create or assist in creation of flow of web portal. This Intellectual rights can be transferred to customer at an additional cost.

• Web99 reserve the right to implement licensing features within the quoted application, except where code license has been issued by web99.

• Any alteration, reverse engineering, or manipulation of any kind on the code, compiled or otherwise, created by web99 for the quoted application may be a breach of trademark and copyright laws. If said breach is confirmed, penalties will apply under the relevant acts.

• Any costs incurred by web99 for third party code license required to complete the quoted application are the responsibility of the client and will be solely borne by the client. Any such third party code license will be attached to the existing Essence Enterprises Solution code license for the quoted application.

• Except for clients Proprietary Material contained in the project, Web99 shall hold all right, title, and interest in all original artwork, whether in draft, mock-up, concept or final development for the PROJECT. Specifically, but without limitation, Web99 shall hold all right, title, and interest in and to the following:

• All text, graphics or digital components of the PROJECT (the Content),

• All layouts, logos, structures or arrangements or other components of any materials presented to client that comprises the PROJECT,

• All literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content, and

• All copyrights, patents, trade secrets, and other intellectual or industrial property rights in the PROJECT or any component or characteristic thereof.

• Client shall not do anything that may infringe upon or in any way undermine Web99’s right, title, and interest in the PROJECT. Notwithstanding the above, Client shall retain and, Web99 shall have no proprietary rights whatsoever in all of Client’s intellectual property rights in any and all text, images or other components and/or materials owned by Client, or which Client has the legal right to use, that are delivered to Web99, including but not limited to software, related documentation, Client marketing material, logos, and tag lines (Customer’s Proprietary Material). Client agrees that they shall not use Client’s Proprietary Material for any other purpose than those expressly set forth in this Agreement.

Reproduction of PROJECT:

• Client is not allowed to have reproduction of any of web development projects without permission of web99.

• Upon successful completion of all outstanding balances owed to Web99, client is granted full and unlimited reproduction rights to the graphic designing project. Web99 retains the right to reproduce the PROJECT in any form for marketing, future publications, competitions or other promotional uses. Web99 shall at no time reproduce the PROJECT for use in commercial means or for-profit use.

• Client may not reproduce or otherwise use design mock-ups, drafts, sketches etc., created by Web99 during work on the graphic designing project but not included into the final version of the PROJECT. Such artwork belongs solely to web99 who may use it at their own discretion.

• RIGHT TO STYLE OR TO MAKE DERIVATIVE WORKS: Web99 has the exclusive rights in making any derivative similar works of the any project and any similarities between Client’s project and future projects constitutes Web99’s methods and style and shall remain the right of Web99.

Completion of Work:

• All timeframes offered by web99 to the client are estimates. The intrinsic nature of web portal implementation, graphic designing and its intricacies do not offer web99 the luxury of defining definite timeframes.

• Web99 will endeavor to complete all work within the estimated timeframes discussed with the client in the quotation. However, web99 will not be liable for any penalties, monies or hardships otherwise incurred by the client if the web portal cannot be delivered within the estimated timeframe.

• Web99 will not release the quoted web portal unless all payments have been met under the obligations of the quotation or work agreement.

• If web99 does not have control over the residence (see Residency Requirements) where the finished work will reside then full payment must be made prior to said work being released by web99.

• The quoted web portal remains the property of web99 until all obligations have been met for release of said application to the client.

• Web99 will not start designing or development of project until advance payment received in our account.

• If web99 is working as a third party to another company, said company is responsible in meeting the obligations for release of the quote application to their client.

Governing Law:

• These terms of business shall be governed by and construed in accordance with the laws of Australia and any dispute arising out of this engagement or these or these terms shall be subject to the exclusive jurisdiction of Black Town, Sydney New South Wales court.

Web99 will not be liable:

• For any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, tortious behavior, negligence, or under any other cause of action.

• for costs incurred, compensation or loss of earnings due to the failure to meet agreed timetables; or

• for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the Client or any of the Clients appointed agents; or

• any costs incurred; or any direct, indirect, incidental, special or consequential damages that result from the use or inability to use the web portal, or that results from, viruses, mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or destruction of its servers, software or any material provided by web99

• For third party arrangements (such as web hosting/bulk email/bulk sms/professional email/security software).

Confidentiality:

Both our organizations shall hold all information exchanged between our personnel in strict confidence. Such information may not be disclosed to others or used except in connection with the performance of the specific agreed upon. Client may enter into a Non-Disclosure Agreement with us if required. Send request for non-disclosure agreement to support@web99.com

Domain name registration:

• We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.

• Web99’s client must check and accept terms and condition, terms of use, privacy & confidentiality policy of relevant naming authorities before registration of domain name and its ongoing use. All web99 users or clients must accept to permanently waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event. Client must accept all terms & condition, privacy policy and legal agreements listed on domain.web99.com (domain.essenceenterprises.com.au/support/legal.php ) before submitting request for any domain registration or renewal or transfer.

• Domain name registration/renewal/transfer fees will be invoiced at the end of the month that your domain name was renewed in. This invoice must be paid within fifteen (15) days or you will be charged a $2.00 late payment fee per day.

• We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organization regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.

• Client agrees that domain name ownership will be transferred to web99 in case of any payment due with web99 for any project of client’s related businesses. Web99 can refuse to transfer your domain if client had unpaid invoices for any of client’s business.

Website hosting/email/secure webpage/virus protection:

– We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. Clients are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. Client warrant to us that client will only use their assigned Web Site for lawful purposes. In particular, client further warrant and undertake to us that:

• client will not, nor will client authorize or permit any other person to, use the Server in violation of any law or regulation;

• Client will not knowingly or recklessly post, link to or transmit any material:

1. that is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane or otherwise objectionable in any way; or

2. Containing a virus or other hostile computer program;

3. that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction;

• Client will conform to the standards made available by us from time to time and will not themselves, and will ensure that none of their end users, make excessive or wasteful use of the Server to our detriment or that of our other customers.

• You are responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misrouting or any other failure of email.

• In the event of deliberate transmission of unsolicited commercial email (UCE), Web99reserves its right to terminate services without prior notification.

• You warrant, undertake and agree that:

1. any transactions within your Web site which are contracts for the sale of goods or services will be between you as the merchant and your end-user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate;

2. the information contained within your Web site will comply with all applicable law, and codes of practice governing the use of Web sites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force

3. You will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Notwithstanding such notification you will be liable for any and all uses of your account (and Web site) notwithstanding any fraudulent or improper use of your password or any other access to any of the facilities we offer which is not unauthorised use or access by us.

4. Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.

5. We do not warrant whatsoever that our virus protection services will stop every virus from reaching your computer network. We make no warranty that the service will be error free or free from interruption of failure, and the company expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.

6. If applicable, you agree to accept additional charges for the transit of IP traffic above and beyond the amount specified in the Service. All excess data will be charged at the rate of 10c/MB to the nearest whole MB. These charges will fall due at the completion of the calendar month on normal trading terms of fifteen (15) days from invoice. Web99 will provide an online interface allowing authorized users to monitor website data traffic.

Support Related Terms & condition:

• Rude and Inappropriate behavior will not be accepted.

• Basic information related to support must be included otherwise support team will not accept support request

• Client must describe problem in their support ticket appropriately describing information in point format.

• Client must reply appropriately and promptly for any support team requirement related to support request. If client delay in reply/confirmation more than 48hrs support team will put support request on administrative hold. If client delay in reply/confirmation more than 72hrs support team will consider support request as completed. Additional changes may applies for further support.

• All support requests will be dealt according to their severity decided by web99 team. In case of delay in completion of any support request, Web99 will not be held liable for any loss or damage due to delay in completion of support request.

• Client will be charged additional expenses for traveling

Complaints:

• All clients hereby agree that in the event of a product/ service / staff member not meeting their expectations, that such matters must in the very first instance be directed to our offices. So, such complaints will be reviewed by our internal dispute resolution process. In the event of an unsatisfactory outcome of the review, you, the customer, have every right to have your complaint listed and addressed by an external dispute resolution scheme.

General Advice over phone or via email:

• You, as a customer, indemnify web99 from any lose occur to client due to advice provided by web99 or any web99 employee. As all information provided to client is only for general advice.

Cancellation Policy

• All cancellation requests must be submitted to support@web99.com. You may submit your cancellation requests by e-mail with a clear description of your company name, services that need to be cancelled, time & date for cancellation, and reason for cancellation. Your request will not be considered valid unless and until you receive confirmation from our support team. It is a responsibility of a client to call to get confirmation of cancellation if the client does not receive a reply in 24 hrs.

• We take a minimum of 2 weeks to process the cancelation request. The cancellation request must be sent 3 months before the cancellation of service for all our services. We will cancel the service only after the complete payment of a previously pending invoice for any service provided. We will not terminate services in portions if service was sold as a part of the package.

• Once the project is initiated, it cannot be cancelled.

• In event of cancellation of project mutually decided between you & Essence Enterprises solution pty ltd, you have to pay for efforts invested in the project up to date of cancellation. This payout afford calculation will be at the discretion of Essence enterprises solutions pty ltd.

• Source Code, Design or any other material related to the project will not be delivered if payment is not settled by you. Source Code, Design or any other material related to the project will never be provided to the client even on full payment unless it has been confirmed in the agreement.

• No cancels will be backdated and no refunds will be issued for any of our services.

• Web99 will remain as an owner of the domain until the client settles all payments. The domain will not be transferred or redirected until full payment is received. Domain transfer will be only initiated after receiving all pending payments get settled.

Termination of Digital marketing services

• Either party can terminate this Agreement for convenience on 3 months paid notice post the current billing cycle, to take effect at the end of a fixed term, or if there is no fixed term, at the end of the 3 Month paid notice period. This is to be carried out according to your agreed payment arrangement discussed via email.

• If you terminate any digital marketing service before 3 months notice, you will be charged an early termination charge equal to 3.5 months’ fees.

• If you wish to terminate your account, you are required to give notice via email to admin@web99.com & support@web99.com

• All clients agreed to have a meeting, in person or over the phone, with a Team Leader or Manager regarding your cancellation request to resolve any issues and/or finalise your cancellation.

• On cancellation or pausing of your Google Ads, Facebook Ads, or any other paid marketing services with us, we are not responsible or liable for any fees charged by the respective platform for remaining dues. In particular, on cancellation of your paid marketing services with us, the ability to activate or deactivate Paid campaigns is solely your responsibility and we do not accept any liability for any charges from Google whatsoever. We do not pass on any details or rights of paid accounts to the client upon cancellation of service.

• We do not take responsibility for any back links, directory listing, or any other digital asset created for digital marketing campaigns for clients after the cancellation of digital marketing services.

Delivery Policy

• We are in service business and doesn’t have tangible item to deliver. So there is no chance of missing or misplacement of any item. Our deliverables are in form of designs file, software code & complied application. These deliverable are delivered to you in form of electronic files using our collaboration tool or email. Thereafter you have to save a copy of delivered electronic files on your server or on any storage media. Up-to 15 days from delivery date Essence Enterprises Solution pty ltd (trade as Web 99) can re-deliver the electronic files to you, thereafter Essence Enterprises Solution pty ltd (trade as Web 99) doesn’t owe the responsibility.

Additional changes:

• Additional charges may applies if client found in breach of any web99 terms and condition. Web 99 may further holds rights to terminate any or all service for such breach.

• There will be an additional charges for any additional development/changes in previously finalised development flow.

• Client will be charged delay (up to 70% of total cost) and/or administration fees for any change of mind during development on top of development cost.

Approval:

• All approvals from client must be from client’s email address that client decide to use to communicate with web99. Email confirmation will be consider as final.

Cyber security:

• One of the most important issues in negotiating cyber security is determining the appropriate limits of liability. The costs of responding to a data breach can be substantial. Web99 take all steps to avoid any breach of cyber security of client’s web portal. However, Web99 does not take any responsibility of any form of loss due to breach in cyber security. You, as a customer, indemnify web99 from any breach in cyber security of their web portal. Client must organize their own cyber security insurance to cover all loss related to breach of cyber security. Web99 will charge additional fees to fix issues raised from any cyber security breach.

Acceptance Period:

• Client shall have a period of 5 working day following delivery of the final product/ service during which Customer may engage in testing of product/service. Client shall notify web99 with description of all issues no later than the 5th working day following delivery of product or service. In the event that the Client does not so notify web99 within the 7 working days, Client shall be deemed to have accepted the product/ service in all respects.

Indemnification:

• Client warrants that all content/information provided to web99 to include in the designing or development of any service or product is legally owned or licensed to Client. Client agrees to indemnify and hold web99 harmless from any and all claims brought by any third-party relating to Client’s Proprietary Material provided by Client to web99 including any and all demands, liabilities, losses, reasonable associated costs and claims including reasonable attorney’s fees arising out of injury caused by Client’s Proprietary Material supplied by Client to web99, copyright infringement, and defective products sold as a result of Client’s distribution of the service or product.

• Client indemnify and hold harmless Web99, [and Essence Enterprises solutions pty ltd and [its/their] subsidiaries, affiliates, and [its/their] respective officers, directors, employees, agents, successors and permitted assigns] from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees.

NON DISCLOSURE:

• Web99 will take all steps to maintain confidentiality of information provided by the customer. Web 99 will not publish, disseminate, distribute, disclose, sell, assign or otherwise make use of any Confidential Information of the customer except in connection with and in consideration for the business relationship. Customer agrees that Confidential Information disclosed to web99 as a part of business related conversation may be disclosed to employees, third party providers and agents. This employees, third party providers and agents may be located in country other than Australia.

RELATION WITH THIRD PARTIES:

• Except as otherwise permitted in Agreement, neither party, nor their respective employees, officers, directors, managers, members, affiliates, agents, or associates will directly or indirectly make any contact with, deal with, or otherwise be involved with any third parties first introduced by either of them to the other without the prior knowledge, consent and written approval of the introducing party, which approval may be conditional, fractional or in its entirety.

NO SOLLICITATION:

• Web99 and Customer agreed to maintain for a period of 2 years after completion of project, Client agrees not to solicit, recruit, engage or otherwise employ or retain, on a full-time, part-time, consulting, work-for-hire or any other kind of basis, any Designer, employee, third party provider or Design Agent of web99, whether or not said person has been assigned to perform tasks of project. In the event such employment, consultation or work-for-hire event occurs, Client agrees that Web99 shall be entitled to an agency commission to be the greater of, either (a) 50 percent of said person’s starting salary with Client, or (b) 50 percent of fees paid to said person if engaged by Client as an independent contractor. In the event of (a) above, payment of the commission will be due within 15 days of the employment starting date. In the event of (b) above, payment will be due at the end of any month during which the independent contractor performed services for Client. Web99, in the event of nonpayment and in connection with this section, shall be entitled to seek all remedies under law and equity.

• Web99 and Customer agreed to maintain for a period of 1 years following the term of this Agreement the parties will not, in any manner or at any time, solicit or encourage any person, firm, corporation or other business entity who are customers, clients, employees, independent contractors, partners, vendors, suppliers, distributors, salesmen, business associates or referral sources of the disclosing party, or who have any business or financial relationship with the disclosing party to cease doing business with, or to in any way change or devalue or malign their business relationship with the disclosing party, or to conduct or attempt to conduct business, directly or indirectly with the receiving party outside of the relationship with the disclosing party

Legislation:

• This Agreement shall be governed by, construed, and enforced in accordance with the laws of the New South Wales.

Use for promotional purposes:

• Client grants web99 the right to use Client’s name/logo/video/social media account and any service or product created by web99 for client for promotional purposes and/or to cross-link it with other marketing venues developed by web99.

Third Party Provider Authorization:

• Web99 may require third party provider’s products such as Payment Gateways, Bulk email services, bulk sms services and many more. Web99 will have to provide this third party providers certain information of client in timely manner for smooth running of client’s web portal. Client authorizes Web 99 to act on behalf of Client as the primary authorizes user of all third party provider accounts created for client’s web portal or online marketing or any business related purposes. Web 99 may or may not have all Third Party providers privacy policies/term and condition/confidentiality on web99 web portal. Client indemnifies web99 from any form of loss or delays or breach of law by such third party providers.

Trademarks, logo and other intellectual Property issues:

• Client shall be solely responsible for any Trademark or Copyright searches pertaining to the service or product unless otherwise contracted for in the proposal for service or product. Web99 will not knowingly copy other rightfully trademarked or copyrighted material

Annual Maintenance Services:

Terms and conditions

‘Maintenance Services’ means services reasonably requested by the Customer in relation to the maintenance of the Website, including:

• Updating the content of the Website as directed by the Customer;
• Maintaining and updating Website links; and
• Advising the Customer from time to time as to the extent to which the Website or any content included on the Website has or may become incompatible with software generally used to access the Internet.

Maintenance Services Package Deal:

• Maintenance Services is provided as a part of the package. The annual maintenance service includes a combination of Shared Hosting, Domain Management, and, Support service.
• Any Of these services are not sold separately.
• The annual maintenance package provides space within a shared hosting service. The Customer will not be granted any direct access to hosting panel or server.
• The client will not be granted any access to the server or other digital asset while the Customer is under our Annual maintenance package.

Termination of Annual maintenance services:

• The client or Web99 can terminate this service at any given time with an official email and reason for Termination.
• Upon Termination of service web99 at an additional cost will only provide a copy of a website via email, along with authorisation code for the domain to the Customer.
• It is a responsibility of the Customer to find another provider to migrate their services.

Glossary

Server means the computer server equipment operated by us in connection with the provision of the Services.

Web Site means the area on the Server allocated by Web99 to you for use by you as a site on the Internet.

Web portal: Website, E-commerce sites, web application, mobile application, any other software or digital development.

Secure Web Page means the Web page operated and located on the Server which allows you to collect credit card details in a means that is difficult for other people to view the page when it is loaded, because the page is encrypted.

Search Engine Optimization means any service which is designed to assist your Web Site gain a higher listing in the Search Engine results.

Content: All information including but not limited to textual materials, logos, photographs, sound files, databases, video files and other Web Site content required to be included in the Web Site.

Browser compatibility: is the capability or flexibility of a website, web application, script or HTML design to function on different web browsers available in the market.

Payment Gateway: The payment gateway is the infrastructure that allows a merchant to accept credit card and other forms of electronic payment.

“Business Day“ means a day on which banks are open for general banking business in the State where Essence Enterprises Solutions Pty Ltd.’s premises are located.