Terms & Condtions

General

  1. It is the customer’s responsibility to keep C5 desk up to date with their contact details.
  2. C5 desk reserves the right to refuse service and/or access to its products and servers to anyone.
  3. C5 desk reserves the right to suspend or cancel a customer’s access to any or all services provided by C5 desk when C5 desk decides (at its absolute discretion) that the account has been inappropriately used or otherwise abused.
  4. Individual accounts are to be used by the account holder only. Individual account holders are not permitted to sell, resell, store or give away C5 desk services to other parties.
  5. All prices quoted are valid for 30 days only from the written quotation.
  6. During the design phase of your project, if you do not sign off your design within a 6 month period, C5 desk reserves the right to suspend your account. Reopening your account incurs a $50 USD + GST admin fee. If your account remains suspended for 6 months your account will be closed completely and all money paid and work ordered will be forfeited.

Cancellations & Refunds

  1. All deposits and fees paid are non-refundable after the design brief is returned to C5 desk or after 14 days has elapsed since the date of deposit paid. Refunds will be less an $80USD+GST admin fee.
  2. Once the design work has been signed off prior to the website build all fees are payable in due course, no cancellations will be accepted and all services ordered must be paid for in full.
  3. The usability, functionality and/or limitations of both the CMS and eShop content management systems is no reason for not paying the balance of your website. If you require a particular functionality C5 desk provides demos of both CMS programs that you can trial prior to purchase.
  4. If a customer contravenes the C5 desk terms and conditions, C5 desk reserves the right to terminate the service immediately with no refund.
  5. If the customer’s website has been terminated due to cancellation or expiry, C5 desk can reinstall the website within a 12 month period at a cost of $195USD + GST providing the client has a back up of the website.
  6. All cancellations must be requested in writing. Some services, including eShop website, CMS and SEO, require a signed cancellation form, which can be requested from our administration team. We require 30 days written notice.

Website Design & Support

  1. You will receive two website design concepts, and a slight variation of each concept by email based on the design brief you submit. You can request a reasonable number of changes to the concepts until the design is to your satisfaction, approx 2-3 is normal.
  2. All websites will be delivered with blank pages and/or a blank database, the customer is responsible for inserting copy, products and/or images etc.
  3. While you maintain full ownership of your content and design, some elements of the website designs remain the copyright of C5 desk.
  4. In the event of you terminating your contract, you will be able to take full possession of your design and content of your site; however elements of the CMS software will remain on C5 desk servers and you may need to purchase licenses to use the CMS (or elements of) on another server
  5. During the design process C5 desk may purchase Shutterstock images for your site. The images can be used in the design of the website only. Images cannot be used for any other purpose.
  6. C5 desk CMS and online shops are self managed and C5 desk is not responsible for any copy, editing or updating of the clients website. C5 desk is under no obligation to do any work on your website unless contracted to do so.
  7. C5 desk has a business hours help desk available by phone or email 9am-5pm PDT. This service is provided to direct you to information to solve a single problem.
  8. On all C5 desk websites there is a built-in authorship page that links to the C5 desk website. This page is linked from the footer of the client’s website. Neither the footer link nor the authorship page can be removed.
  9. C5 desk does not allow any of the following content or websites to be stored on its servers:
    1. Illegal material, including copyrighted works, commercial USDio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.
    2. Scripts – any script that creates a load on the server will be removed.
    3. Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. In addition to this websites are not allowed to link to this type of content. What constitutes ‘adult material’ is entirely at the discretion of C5 desk.
    4. Websites that promote the sex service industry, which includes but is not limited to prostitution or ecdysiasm.

Domain Registration

  1. C5 desk does not guarantee the requested domain names are available or are able to be registered. Accordingly, you should take no action in respect of your request domain name(s) until you have been notified that your requested domain name has been registered.
  2. It is the customers’ responsibility to keep C5 desk up-to-date with their contact details. If the customer fails in this it could result in your website going offline if your domain name is not renewed in a timely manner.
  3. If C5 desk is managing the renewal of your domain name it will do its best to renew the domain name on time. If for any unlikely reason this doesn’t happen, including human error, C5 desk will not be held responsible or liable for repurchasing the domain name.

Taxes

  1. C5 desk shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made by the Customer using C5 desk’s server. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer.

Graphic Design

  1. For logo design services clients will receive three or five design concepts (depending on the package), by email based on the design brief. Clients can request a reasonable number of changes to their chosen concepts until the design is to their satisfaction, approx 2-3 rounds of changes are normal.
  2. Sign off: when the design is completed the client will receive the final graphic design files via email and CD in the mail.
  3. Any further changes after sign off will need to be quoted and billed separately.
  4. All C5 desk graphic designs remain the copyright of the client.
  5. C5 desk provides the artwork in a print ready file for the clients use. It is the clients responsibility to check all copy, contact details, email, website addresses etc. C5 desk or the designer will not be held responsible legally or otherwise for any undiscovered errors on approved artwork. This includes, but is not limited to: Spelling, grammar, color problems, typing errors or oversights you have not located prior to printing. Please get your printer to provide you with a printed proof and thoroughly check the document and colors before printing.
  6. The deposit for graphic design work is due with order. The balance is due when the artwork has been signed off.

Trademarks & Copyrights

  1. The Customer warrants that it has the right to use the applicable trademarks, if any.

Hardware, Equipment & Software

  1. The Customer agrees that he or she has the necessary knowledge to maintain the CMS or eShop website. The Customer agrees that it is not the responsibility of C5 desk to provide this knowledge or customer support outside of the defined service of the C5 desk CMS or eShop support.
  2. The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access C5 desk websites. C5 desk makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the C5 desk service.

Lawful Purpose

  1. The Customer may only use C5 desk servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.
  1. Services.

Pricing Policy

  1. All of our prices are in American dollars (USD)

Unlimited Guarantee Fair Use Policy

  1. CMS Unlimited Guarantee
    1. Fair use policy: The intention of the Unlimited Guarantee is to support small business and offer great value and a hassle free website experience. If we feel that anyone is engaging in this offer with the intent to exploit it and is using the service excessively above and beyond normal use we reserve the right to limit the services. A definition of each service and its fair use is below.
    2. Unlimited design revisions: We consider fair use to be less than 20 design revisions prior to signing off (4 times our client average). Design revisions after sign-off are billed by the hour.
    3. Unlimited web pages: We consider fair use to be as many as you like.
    4. Unlimited hosting*: We consider fair use to be less than 1GB storage space (20 times the average CMS client usage) and 5GB of bandwidth (30 times the average CMS client usage)
    5. Unlimited support: Available Monday to Friday 9am – 5pm PDT and refers to the support team providing assistance and directing clients in the management of their website. Support is provided very generously to assist clients however C5 desk reserves the right to decide what fair use is.
    6. Unlimited email accounts and forwarders: We consider fair use to be less than 20 email accounts (7 times the average usage) and 50 forwarders (15 times the average usage)* doesn’t apply to our eShop product.
  2. eShop Unlimited Guarantee
    1. Fair use policy: The intention of the Unlimited Guarantee is to support small business and offer great value and a hassle free website experience. If we feel that anyone is engaging in this offer with the intent to exploit it and is using the service excessively above and beyond normal use we reserve the right to limit the services. A definition of each service and its fair use is below.
    2. Unlimited design revisions: We consider fair use to be less than 20 design revisions prior to signing off (4 times our client average). Design revisions after sign-off are billed by the hour.
    3. Unlimited Products*: We consider fair use to be as many as you like.
    4. Unlimited web pages: We consider fair use to be as many as you like.
    5. Unlimited support: Available Monday to Friday 9am – 5pm PDT and refers to the support team providing assistance and directing clients in the management of their website. Support is provided very generously to assist clients however C5 desk reserves the right to decide what fair use is.