Terms & Conditions

The Client : The company or individual requesting the services of Five by Five.

Five by Five : Primary designer/site owner & employees or affiliates. Our formal trading entity is Five by Five Pty Ltd (ABN: 35 658 185 338).

Five by Five will carry out work only where an agreement is provided either by email, telephone or mail. Five by Five will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Five by Five and the client, this includes telephone and email agreements.

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Five by Five cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of Five by Five until all outstanding accounts are paid in full.

Any scripts, web applications, php scripts, or software (unless specifically agreed) written by Five by Five remain the copyright of Five by Five and may only be commercially reproduced or resold with the permission of Five by Five.

Five by Five cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the brief will be carried out at the discretion of Five by Five and where no charge is made by Five by Five for such additions, Five by Five accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions. We will notify you of any variations to the brief and quote you prior to commencing any work.

The client agrees to make available as soon as is reasonably possible to Five by Five all materials required to complete the site to the agreed standard and within the set deadline.

Five by Five will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Five by Five will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

Five by Five will not be liable 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.

Five by Five will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

A deposit of 50% is required with any project before any design work will be carried out.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

Five by Five cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, web applications or software (unless specifically agreed) written by Five by Five remain the copyright of Five by Five and may only be commercially reproduced or resold with the permission of Five by Five.

Where applications or sites are developed on servers not recommended by Five by Five, the client is expected to provide or seek any information,additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by Five by Five before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Five by Five will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Five by Five will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with all major modern web and mobile browsers.

No guarantees can be made as to the availability or interruption of this service by Five by Five cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Five by Five reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.

A deposit is required from any new client before any work is carried out. It is the Five by Five policy that any outstanding accounts for work carried out by Five by Five or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Five by Five.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or Five by Five have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

GENERAL MONTHLY ONGOING HOSTING, SUPPORT AND SEO PACKAGES
(WHP, WCP, ANNUAL HOSTING, SEO, DOMAIN NAME HOSTING)

1. By agreeing to sign up to one or more of our recurring monthly services you automatically agree to our Payment Terms and Conditions.
2. Payment is required prior to monthly recurring package commencement.
3. The minimum initial package term is 3 months from payment date.
4. Following the initial 3 months, packages are run on a month-to-month basis and a client may upgrade or downgrade to suit their monthly support needs, within reason.
5. Five by Five will contact the client via telephone and email if it is found they need to change their WordPress Care Package or SEO Package according to the client’s monthly usage. The client’s ongoing monthly invoices will be updated accordingly.
6. All packages require immediate payment on monthly invoices in order for services to continue.
7. Payment options are listed on the invoice which includes the following options:
   • Payments can be made via Ezidebit, Direct Deposit or Credit Card
8. Contact will be made with all clients via email and telephone to remind them of such payments if they are not received when due.
9. ​​If outstanding accounts fail to be settled before 30 days of invoice, Five by Five may remove a client’s personal access to their website.
10. Should you wish to cancel your recurring services with Five by Five you are required to give 30 days written notice.
11. Outstanding payment will be pursued by Five by Five through the Small Claims Court. Non-payment can result in county court judgments (CCJ’s) being added to the client’s credit rating.
12. Following consistent non-payment of an invoice Five by Five’s solicitors will contact the client with a view of seeking payment through legal procedures, and if necessary, court summons.

CANCELLATION OF SERVICES

1. If a client wishes to cancel their Package(s) and move their site to a new hosting provider, Five by Five must receive 30 days written notice.
2. Five by Five will provide the client with a Zip File containing a Full Backup of the site.
3. It is the client’s responsibility to ensure that all files are transferred to the new provider. Five by Five takes no responsibility for misconfigured records once the files have been sent to the client.
4. Five by Five will only cancel billing once confirmation has been received from the client that the Website / Domain / DNS records have all been moved and updated.
5. Five by Five will check if the site move has been executed correctly before terminating the client’s account and removing the website from Five by Five’s hosting server.
6. Five by Five will not store a copy of the site – this is the responsibility of the client.

Informal procedure
Anyone who experiences a problem with their web service provided by Five by Five should raise the matter directly using our online contact form ( https://www.fivebyfive.com.au/contact ) to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint. Five by Five will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to Five by Five, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.