Terms & Conditions

MiClub agrees to provide a hosted web site (as per the Schedule) to the Customer on the following terms and conditions:

License

MiClub hereby grants the Customer and the Customer hereby accepts a non exclusive license to use the web site software for the term of this agreement.

Term of Agreement

This Agreement will commence on the commencement date given in the Schedule and continue for a period of two years. Thereafter the Agreement will continue unless either party notifies the other party that they wish to terminate the Agreement. The Customer shall only use the web site for the term of this agreement.

Artistic Scope:

A key risk of the project is limiting the scope of the web site from an artistic perspective. The Customer web site shall utilise a template design that cannot be compromised without additional customization effort. Other clients may use the same template design.

Web Site Content

It is the responsibility of the Customer to supply the information defined in the Schedule.

The quality of the web site is dependent on the quality of the information supplied by the Customer. MiClub will use the supplied information 'as is' and will not be responsible for the impact of the quality of images or photos supplied by the customer.

Any information to be displayed on the web site that is not included in the Schedule will be entered by the Customer using the tools provided.

Web Site Approval

MiClub will issue the web site design to the Customer for approval. The Customer has two working days to advise of any requests for changes. If no feedback is received within two working days then the design will be considered approved.

Ownership

MiClub will retain the Intellection Property of all software artifacts created for the Customer web site (including the template design), except where the rights of the club or other third parties are protected, for example, logos or artwork.

The Customer will obtain all the necessary permissions and authorities in respect of the use of all copy, graphics, registered logos, names and trademarks or any other material supplied by the Customer.

Warranty

MiClub provides warranty for a period of one week. MiClub will respond to problems reported during the warranty period. MiClub shall not be responsible for resolving errors that are due to third party hardware or software, or modifications by the Customer to the web site, but will make all reasonable efforts to resolve such errors. Change requests will be resolved at the discretion of MiClub.

Support

Any and all support of the web site after the warranty period shall be provided by MiClub at the hourly rate specified in the Schedule, with a minimum charge of one hour. Telephone support is available from 7am to 5pm WAST.

Payment

The web site set up fee (as per the Schedule) will be paid by the Customer direct to the MiClub bank account, or by cheque. The Customer web site will be made available within one week of receipt of the set up fee and the Customer information required to configure the web site (as defined in the Schedule).

The ongoing hosting and license fee (as per the Schedule) will be paid by the Customer by a monthly direct debit from the Customers nominated bank account.

The hosting and license fee may be amended at the sole discretion of MiClub after two years.

Confidentiality

Each party shall at all time keep in confidence information which is notified as being confidential and shall not use such information without the prior consent of the other party.

Reverse Engineering

The Customer shall not de-compile, reverse engineer or otherwise attempt to derive, obtain or modify the source code of the web site software without the permission of MiClub.

Disclaimer

In no event will MiClub be liable (whether in contract, negligence or in any other way) for loss of profits or savings, loss of goodwill or opportunity, loss of production, loss or corruption of data, wasted management or staff time, or for any loss, damage, cost or expense of any kind whatsoever which is indirect, consequential, or of a special nature, arising directly or indirectly from the use of the web site.

In the event that the above exclusions of liability are held to be invalid in whole or in part, MiClub's liability to the Customer under any claim or claims of whatever nature arising directly or indirectly from the use of the web site shall not exceed the price paid for the web site.

SCHEDULE

Web site and software

The web site shall consist of:

• a template based home page
• 12 web pages with content management tool for the club to insert their own text and pictures
• membership enquiry form
• trade directory

The web site will be hosted in the MiClub hosting environment. If the Customer does not have a domain name then this can be arranged by MiClub.

The Customer will be provided with a link to web site statistics for their site.

Customer supplied information

The Customer will supply the following information to allow the web site to be loaded:

• Club logo (provided electronically)
• Three(3) photos (provided electronically)
• Club contact details (name, address, phone, fax, email address)
• Club domain name (eg - kwinana.com.au)
• Domain registry key (this is supplied by the vendor that registered your domain name)
• Menu headings (up to 6 including the Home page and Trade Directory page)
• Page names (up to 12 including the Home page and Trade Directory page)

Include comment on format of photos

Note that loading of the web site can not commence until MiClub receives the customer supplied information, and the set up fee is paid.

Payment

Set up fee $1990.00

Monthly hosting and license fee $110.00

Additional pages can be added for a set up fee of $220 per page.

Domain name registration and a club email address can be provided at $220 for 2 years.

Support services will be charged at $110/hour, minimum charge time 1 hour.

(all fees include GST)