Terms & Conditions

    General

  1. Web sites that are paid for by the customer remain the intellectual property of the customer.
    1. The libraries that are used by Emillium in the development of the web site remain the intellectual property of the author of the library.
  2. Any business undertaken by The Customer's web site is the sole responsibility of the owner of the web site. Emillium has no responsibility and therefore liability for:
    1. Debts incurred by the customer due to business processes employed by the web site
    2. Loss of income to the customer
    3. Loss of clients of The Customer
    4. Business practices with respect to clients of The Customer's business
    5. Customer orders or enquiries
    6. Personal information obtained from data entry to the web site
    7. Payment details and any financial information obtained from data entry to the web site
  3. Prior to the start of any service provided Emillium Pty Ltd The Customer must have:
    1. Read in full this Terms and Conditions document, signed a printed copy of this document and mailed or faxed it to Emillium Pty Ltd, or sent an email confirming that they agree with the Terms and Conditions as mentioned in this document
    2. The Customer must accept any responsibility and risk associated with their web site and their information

    Development

  4. The libraries used by Emillium to develop a web site are the sole intellectual property of Emillium Pty Ltd.
    1. The customer may not obtain the source code of the libraries without Emillium's written approval
    2. The libraries may not be dis-assembled to source code for any reason without Emillium's written approval
    3. The customer must not re-use the libraries without owning a valid license and without agreeing to the Terms and Conditions of the license agreement

    Testing

  5. The Customer is responsible for the testing and User Acceptance Testing of the web site developed by Emillium Pty Ltd
    1. Emillium Ptd Ltd is responsible for the unit testing of the web site
    2. Emillium is responsible for the provision of a suitable testing environment that closely mirrors the final release environment so that adequate and accurate testing can be performed by The Customer
    3. Emillium is responsible for the devlopment and productiion of test plans and test schedules for the web site
    4. The Customer is required to agree with and sign off on the finalised test plans and strategies
    5. The Customer is responsible for executing the test plans on the test web site when development is completed
    6. The Customer is required to sign a Test Completion document confirming that the testing has been completed to The Customer's satisfaction, and that any issues that were raised have been adequately addressed by Emillium Pty Ltd

    Web Hosting

  6. A customer may host the web site developed by Emillium Pty Ltd with Emillium Pty Ltd. The following conditions must be agreed to by all parties for hosting with Emillium:
    1. All outstanding moneys owed for the web development must be paid in full or agreement on a payment schedule must be documented in full, agreed on, and signed by both the customer and Emillium Pty Ltd
    2. All outstanding moneys owed for purchased domain names required by the customer web site must be paid in full prior to the web site final release
    3. Both the customer and Emillium Pty Ltd must have signed a Development Completion document stating that the customer confirms that the web site implements the requirements outligned at the start of the development process, and that the web site is completed to The Customer's satisfaction
    4. The first six (6) months of hosting must be pre-paid to Emillium Pty Ltd
    5. A Service Level Agreement must be produced and agreed on by both parties
  7. A customer may choose not to host the web site developed by Emillium Pty Ltd with Emillium Pty Ltd. The following conditions must be agreed to by all parties for release of the developed web site:
    1. All outstanding moneys owed for the web development must be paid in full or agreement on a payment schedule must be documented in full, agreed on, and signed by both the customer and Emillium Pty Ltd
    2. All outstanding moneys owed for purchased domain names required by the customer web site must be paid in full prior to the web site final release
    3. Both the customer and Emillium Pty Ltd must have signed a Development Completion document stating that the customer confirms that the web site implements the requirements outlined at the start of the development process, and that the web site is completed to The Customer's satisfaction
    4. A yearly licence for the libraries used to develop the web site must be paid for in full
    5. Documentation outlining the design and development of the web site must be released to The Customer

    Maintenance

  8. Once the web site is released to the customer Emillium holds no responsibilty for changes to the web site
    1. If the web site requires further changes and enhancements to the functionality then The Customer may choose whether or not Emillium is to develop the enhancements
    2. Any changes made to the web site by a party other than Emillium Pty Ltd devoids Emillium off any responsibility for the functionality within the web site - even for the functionality initially developed by Emillium Pty Ltd
  9. Emillium Pty Ltd will not undertake any work for The Customer without a Request For Service document that fully outlines the customer requirements. Once Emillium Pty Ltd receives the Request For Service document from The Customer a quote will be produced for the documented requirements. A copy of the quote will be attached to the Request For Service and the document will be signed by The Customer and Emillium Pty Ltd, or an email confirmation received from the customer authorising the changes and accepting the cost for the service as stipulated in the quote. The following conditions must be agreed to by all parties for at completion of the service:
    1. All outstanding moneys owed for the Request For Service must be paid in full or agreement on a payment schedule must be documented in full, agreed on, and signed by both the customer and Emillium Pty Ltd
    2. Both the customer and Emillium Pty Ltd must have signed a Development Completion document stating that the customer confirms that the web site implements the requirements outligned in the Request For Service, and that the developments are completed to The Customer's satisfaction
    3. A minimum charge equivalent to one (1) hour at the current Emillium Pty Ltd service rate will apply for any Request For Service from The Customer