Terms of Service

Our terms of service are listed below and should be read in conjunction with any offer or quote we make:

Consulting, Design, Development and Training Services

1. Utopia Internet Pty Ltd will provide consulting, design, development and/or training services to the Client relating to the creation or modification of a Website or Website Template and/or creation or modification of Digital Content and/or educating staff or students in information and communication technology skills and knowledge. These services shall be known as "the Services" for the purposes of this document and all other agreements, estimates and quotations.
2. Before providing the Services, Utopia Internet Pty Ltd will perform due diligence to understand and comminicate all expectations required by the Client and foreseen limitations upon Utopia Internet Pty Ltd in providing the Services.
3. As a measurable way of performing this due diligience, Utopia Internet Pty Ltd will provide several documents at the beginning and during the delivery of the Services.
4. At the beginning of every project, the Client will be require to sign and return by regular mail two documents: 1. Client Service Agreement 2. Estimation or Quotation of Work. These documents ensure that the Services are provided by Utopia Internet Pty Ltd in a transparent manner and that all parties are aware of expectations and obligations.
5. After Utopia Internet Pty Ltd receives the signed documents listed above, a counter-signed copy of the Client Service Agreement will be posted to the Client for their records.
6. At any stage of the planning, briefing or service delivery process, the Client should forward any queries to Utopia Internet Pty Ltd via one of our generic email addresses:
   • Support enquires are to be sent to the email address support@utopiainternet.com
   • Invoicing and account enquiries are to be sent to the email address accounts@utopiainternet.com
   • Sales and booking enquiries are to be sent to the email address sales@utopiainternet.com
7. Due to the dynamic and flexible nature of their work, involving daily meetings, training sessions and design sessions where phone communication is neither possible or appropriate, Utopia Internet Pty Ltd staff cannot provide any form of phone support.
8. The only practical times for phone contact is when a client first makes contact with Utopia Internet Pty Ltd to investigate Utopia Internet Pty Ltd's services and/or when Utopia Internet Pty Ltd instigates contact for the purpose of organising meetings or clarifying aspects of the project. To avoid disappointment of not having phone calls or voicemail answered, it is advised that all matters be emailed to the appropriate email address above. In the event that any or all of these email addresses fail to operate it is suggested that the Client use this secondary email address: utopiainternet@gmail.com
9. An Estimation or Quotation may be required for the purposes of conducting an initial consultation and briefing with the client. In this instance, Utopia Internet Pty Ltd will quote on the consultation to be performed prior to scoping out the project. This initial consultation quote will take the place of document 2 mentioned above.
10. The specific nature of the Services to be provided by Utopia Internet Pty Ltd shall be communicated in a briefing with the Client and recorded in an Estimation or Quotation provided by Utopia Internet Pty Ltd to the Client.
11. The briefing may be held in person or via remote synchronous or asynchronous communication methods (eg. email, telephone, Skype) depending on time and distance constraints. This will be at the discretion of Utopia Internet Pty Ltd's staff.
12. Subject to any lawful restraint imposed upon it by any other party (such as an obligation as to confidence of a third party), Utopia Internet Pty Ltd will make available to the Client all knowledge, information and expertise in it's possession in performing the Services.
13. If the Client wishes Utopia Internet Pty Ltd to perform any services other than those specified during the Client´s Briefing or specified in the estimate/quotation (including and without limitation to providing any additional functionality), or to provide further or other Products, Software or Services, then Utopia Internet Pty Ltd shall be entitled to invoice the Client separately for the provision of those services or products or software. Wherever possible such additions will be approved via a quote as mentioned above in the
14. Unless otherwise agreed in writing by the parties, the terms of service and work detailed in the estimation or quotation will commence on the date of signature of the "Client Service Agreement" form and each individual or corporate "Estimate" or "Quotation".
15. Unless specifically stated as a fixed price quote, any cost estimates that are or have been given by Utopia Internet Pty Ltd are estimates only. Actual time spent and products supplied may be used as the basis for billing. In the event of changes to the estimate, Utopia Internet Pty Ltd is responsible to communicate such changes in writing no closer than 7 days prior to the delivery deadline as stated in the Project Proposal.

Website Content and Design

16. These requirements apply to websites and/or templates, themes or styles designed and developed by Utopia Internet Pty Ltd and/or websites hosted by Utopia Internet Pty Ltd.
17. Utopia Internet Pty Ltd will comply with all legally binding requests from Australian and State Government authorities to close down or provide data from any site under its control.
18. At "Briefing One" the Client will provide Utopia Internet Pty Ltd with all artwork, text and content they wish included in the Design.
19. The Client is required to ensure that the artwork used and content of their website meets all current Australian legislation regarding publications, copyright and ownership.
20. The Client shall further indemnify Utopia Internet Pty Ltd in respect of any claims, costs and expenses that may arise from any material included in their design or website by Utopia Internet Pty Ltd at the Client´s request.
21. Utopia Internet Pty Ltd reserves the right to deny and retract inclusion of any material deemed by Utopia Internet Pty Ltd's staff to be inappropriate or offensive.
22. Utopia Internet Pty Ltd reserves the right to not host any website that contains such inappropriate or offensive material.
23. Any site hosted by Utopia Internet Pty Ltd that is deemed by Utopia Internet Pty Ltd's staff to contain inappropriate or offensive material will be closed down. This is entirely at the descretion of Utopia Internet Pty Ltd.
24. Any site hosted by Utopia Internet Pty Ltd that is deemed by Utopia Internet Pty Ltd's staff to contain inappropriate or offensive material will be closed down. This is entirely at the descretion of Utopia Internet Pty Ltd. The matter will either be discussed with the client or, in cases of criminal activity, referred to the police in our local jurisdiction.

Copyright

25. The Client will obtain all necessary permissions and authorisations in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material supplied by the Client to be placed on the website by Utopia Internet Pty Ltd.
26. Supply of abovementioned material by the Client shall be regarded as a guarantee by the client to Utopia Internet Pty Ltd that all such permissions and authorisations have been obtained.
27. No responsibility will be accepted by Utopia Internet Pty Ltd for damages to or losses incurred by the Client from the use of material for which the required permission or authorisations has not been obtained.
28. All original graphics designed and/or supplied by Utopia Internet Pty Ltd, remain the property of Utopia Internet Pty Ltd until the Client´s account has been paid in full, at which time ownership and copyright of said graphics will reside with the Client.

Site Alterations

29. Utopia Internet Pty Ltd will not accept any responsibility for any alterations performed by either the Client or a third party. Such alterations include, but are not limited to, additions, modifications and/or deletions.
30. If Utopia Internet Pty Ltd is required to correct any errors resulting from such alterations, or make any improvements as a result of changes made by the Client, the Client will be charged at Utopia Internet Pty Ltd´s current hourly rate. Such charges may be difficult to estimate prior to undertaking work and may change without notice if the work involves unforeseen tasks.

Reporting and Meetings

31. The Client shall make themselves available to meet with Utopia Internet Pty Ltd when reasonably required by Utopia Internet Pty Ltd for the purpose of discussing the status of the Services and/or providing information, direction or material.

Services, Rates, and Other Expenses

32. Utopia Internet Pty Ltd will provide the Services to the Client and will be entitled to charge the Client for such Services at the rates specified in the form of a quote or estimate.
33. Quotes or Estimates provided to the Client are valid for a period of 30 days unless otherwise specified. Utopia Internet Pty Ltd requires the Client to agree to the terms of this quote through signing the Estimate or Quote within the time frame.
34. Utopia Internet Pty Ltd reserves the right to review their rates at their discretion at any time. This includes, but is not limited to, a full review and update of rates at the end of each calendar year.
35. Utopia Internet Pty Ltd, during the course of providing the Services, shall be entitled to work remotely from its own premises and will not be required to attend the Client´s premises unless deemed necessary by Utopia Internet Pty Ltd staff under negotiation with the Client.
36. In the event that On-Site Work is necessary, all work will be charged at an on-site rate plus travel costs. Please refer to the separate section covering Travel Costs.
37. Rates for training may vary depending on the total number of trainees in attendance. Bookings must include the total number of trainees. The total number of trainees will be guaranteed to Utopia Internet Pty Ltd for invoicing at the rate given in the estimate or quotation. No reimbursements or refunds will be given should the number of trainees be less than suggested at the time of the booking. Additional charges may apply should the number of trainees be more than suggested at the time of the booking.
38. The Client will pay Utopia Internet Pty Ltd for the cost of any Products (including any licensing that Utopia Internet Pty Ltd is required to pay to obtain a sub-license in favor of the Client for any third party software or designs) together with Utopia Internet Pty Ltd´s own charge that it levies for handling and/or obtaining any relevant sub-licenses.

Travel Costs

39. For on-site work of two hours or more, travel costs are incurred after the first 30 minutes of one waytravel to the Client's location from the CBD of Sydney. For example, if 2 hours of work is completed at the Client who is 70 minutes from the CBD, then travel costs will be 40 minutes each way, totalling 80 minutes.
40. For on-site work of less than two hours, travel costs will be incurred based on the total time taken to travel from departure to arrival in both directions. For example, if 1.5 hours of work is completed at the Client who is 70 minutes from the CBD, then travel costs will be 70 minutes each way, totalling 140 minutes. Please note, in these circumstances distance from the CBD is irrelevant - travel costs will be incurred based on time taken.
41. Travel costs are calculated at Utopia Internet Pty Ltd's on-site hourly rate in all instances. This ensures Utopia Internet Pty Ltd is covered for the time spent traveling and other costs associated with transport.
42. The Client is also responsible for airline and taxi expenses should they be necessary as part of the travel costs.
43. The Client is also responsible for accommodation expenses should it be necessary to stay overnight due to distance travelled. These circumstances will be communicated up front with the Client before a booking is made.

Project Cancellation

44. All project cancellations need to be made in writing to sales@utopiainternet.com. The Client must provide Utopia Internet Pty Ltd a minimum of of 7 days notice prior to the date of cancellation. Emails to other addresses may not be validated and, therefore, work may continue and the Client will continue to incur costs.
45. If a cancellation notice is received and validated after the "Approval Form" has been signed by the Client, the Client will be required to pay for work completed. Work completed is calculated up until and including the day the cancellation notice is validated by Utopia Internet Pty Ltd.
46. The minimum cancellation fee at any time will be twenty five percent (25%) of the agreed quote, regardless of work completed. If a deposit has been made prior to cancellation then either a refund or an invoice will be generated, based on work completed less deposit.
47. Once the Client has cancelled their account with Utopia Internet Pty Ltd, no further support resources will be provided by Utopia Internet Pty Ltd Staff in relation to products and services on the account, including domain names, web hosting, ssl, etc. Utopia Internet Pty Ltd will not engage, discuss or alter the account in any way once the account has been cancelled.
48. If the Client has cancelled their account with Utopia Internet Pty Ltd and would like to reactivate their account, an AUD$80.00 administration fee will apply to cover the admin time involved in recreating the account and update our billing system.
49. No refunds or credit will be given if the Client wishes to cancel their account or downgrade to a lower package. If the Client wishes to downgrade to a lower package a AUD$20.00 charge applies.
50. Hosting, Domain names, SSL certificates, web design fees and account add-ons are non-refundable.

Client Relationship

51. Utopia Internet Pty Ltd reserves the right to cancel the Client´s account at any time. If the account has been terminated or suspended for breaching Utopia Internet Pty Ltd´s terms and conditions, non-payment or where a formal complaint is received, no refunds will be given. No notice has to be given should Utopia Internet Pty Ltd wish to cancel or suspend the Client´s service.
52. Any proof of misleading behaviour, giving false information, abuse, swearing, extortion, harassment, improper conduct, attempting to damage relations, reputation or goodwill of Utopia Internet Pty Ltd or attempting to damage relations of its employees, third party providers, wholesale providers will lead to automatic cancellation of the Client´s account without refund. The Client agrees they will not damage relations, reputation or goodwill with Utopia Internet Pty Ltd´s current, future and prospective clients or employees. This can be by email, live chat, forums, web sites, telephone calls, voicemails, sms messages and other forms of communication, and may include threatening, attempting to damage business relations or reputation, providing incorrect information, extortion, harassment, improper conduct, abuse, swearing, publishing and distribution of any communication between the Client, employees, third party providers or wholesaler providers, or other unlawful activities. Utopia Internet Pty Ltd also reserve the right to seek and claim damages and losses.
53. Utopia Internet Pty Ltd will not be responsible for any damages the Client´s business may suffer. Utopia Internet Pty Ltd makes no warranties of any kind, expressed or implied for services we provide, nor do we guarantee your web site or applications will work error free on our servers or guarantee uptime or service availability. Utopia Internet Pty Ltd disclaims any warranty or merchantability or fitness for a particular purpose. This includes, but is not limited to loss of data resulting from delays, software incompatibility, server or software issues, outages, no deliveries, wrong delivery, and any and all service interruptions caused by Utopia Internet Pty Ltd and its employees.

Payment of Invoices

54. Payment Structure:
    • After "Briefing One" a 50% Deposit is paid in full by the Client to Utopia Internet Pty Ltd by the due date on the invoice provided by Utopia Internet Pty Ltd. Work will commence on the draft design once this deposit is paid.
    • After "Briefing Two" the remaining 50% is paid in full by the Client to Utopia Internet Pty Ltd by the due date on the invoice provided by Utopia Internet Pty Ltd. Work will be completed and signed off once this final payment is made.
55. All invoices rendered by Utopia Internet Pty Ltd are payable within seven (7) days from the date of invoice. The Client agrees to pay Utopia Internet Pty Ltd in full within this time period.
56. If the Client fails to pay any invoice by the date of payment, the Client agrees that they shall also pay Utopia Internet Pty Ltd a late fee of $50.00 per week for every week that the invoice remains overdue For example, an invoice of $150 that is 2 weeks late will result in a due amount of $250.
57. Utopia Internet Pty Ltd will stop all work on the Client´s website as a result of a failure to pay any invoice by the due date as printed on the invoice provided by Utopia Internet Pty Ltd.
58. Late payments will result in all future work being invoiced and paid for by the Client in full prior to any commencement of work, be it off-site or on-site work.
59. Utopia Internet Pty Ltd reserves the right to suspend or cancel a Client´s account at any time, without notice or refund, should an account be in arrears after the due date of payment, as printed on invoices provided by Utopia Internet Pty Ltd. The Client´s site will not be activated until full payment is received and validated by Utopia Internet Pty Ltd.
60. It is the Client´s responsibility to ensure their payments are made in accordance to the procedures and accounts stated on invoices provided by Utopia Internet Pty Ltd. This includes providing the Invoice Number (eg. UI1009) on the transaction description for the deposit via Electronic Funds Transfer into Utopia Internet Pty Ltd´s bank account. It is also advisable to include a remittance advise to ensure Utopia Internet Pty Ltd can reconcile payments. Utopia Internet Pty Ltd will fully process payments once we have been informed in writing by the Client of said payments, either through a remittance advice or an email to sales@utopiainternet.com.
61. Receipts will not ordinarily be provided by Utopia Internet Pty Ltd unless otherwise requested by the Client via an email to sales@utopiainternet.com

Utopia Internet Pty Ltd reserves the right to revise its policies from time to time without notice to you. By continued use of Utopia Internet Pty Ltd´s services, the Client agrees to and are bound by the updated terms and conditions, that can be accessed on Utopia Internet Pty Ltd´s web site at any time www.utopiainternet.com