Local Mall - Web Design, Hosting, Support

Standard terms and conditions

In order to ensure that everything is understood up-front; Local Mall freely publish our terms and conditions.

Definitions

The following words have special meaning in these terms and conditions:

client

A business that is invoiced by Local Mall for supply of the setup, maintenance and support of an online presence.

site

The collection of web pages, images, scripts and documents that is hosted or designed or owned by Local Mall.

presence

The content of an individual client hosted or designed by Local Mall, including but not limited to websites and email templates.

Contract period

Local Mall places no obligation on clients to remain in a time-bound business partnership with Local Mall. A client may, upon payment of all charges incurred to date, request to cease involvement with Local Mall at any time.
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Payment of Account

Local Mall will bill clients monthly. Payment in full is required by the due date shown on the invoice. Failure to pay by the due date may result in the client's presence being temporarily suspended, and being made invisible to shoppers. The client will continue to incur charges while the presence is suspended. Suspension will be lifted and the client's pages made visible when the client's charges are paid in full.

Initial costs will be charged to the client when the client's web site is made live. At this time the client will begin to incur monthly fees.

A $200 deposit is required for Local Mall to initiate design work; this deposit is credited against the website creation charge. A site not completed after 12 calendar months of deposit forfeit the deposit, a new deposit is required to re-commence development work. Any company abandoning the creation of their site at any time after paying the deposit will forfeit the deposit.
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Property

All software, web pages, photographs, documents and intellectual property (IP) 'the items' related in any way to any website created by Local Mall remain the sole property of Local Mall. This includes, but is not limited to web pages and product photographs & descriptions created by Local Mall for clients of Local Mall. No items may be copied or reproduced without express written permission from Local Mall. This permission may be purchased or provided as determined by Local Mall.

Exception:

The client is the owner of copyright in respect of all materials supplied and hereby indemnifies and keeps indemnified for the duration of this agreement Local Mall against all claims, actions or demands for infringement of copyright or any other Intellectual property right in respect of the aforementioned materials supplied.

The client consents to the use by Local Mall of all material supplied in full or in part for incorporation and display in the Local Mall web site for the duration of the agreement.

Definition - Indemnify:

  • To save harmless; to secure against loss, hurt or damage; to insure
  • To make restitution or compensation for, as for that which is lost; to make whole; to reimburse; to compensate
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Credit Cards

Local Mall will integrate your site with your choice of card processing services. Local Mall does not, itself, process any credit card transactions. Local Mall does not keep a record of any credit card information.
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Responding to your clients

It is the responsibility of the clients of Local Mall to respond in a timely manner to the requests and purchase orders of consumers.
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Variations of terms and conditions

Local Mall retains the right to change these terms and conditions from time to time. Updated terms and conditions will be provided to clients via the Local Mall website and will be effective thereafter. Clients may request modification to any aspect of these terms and conditions. Upon agreement by Local Mall, such modifications will come into effect when formally agreed between the client and Local Mall.

New terms and conditions replace previous terms and conditions, but not the modifications made for individual clients.
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Disclosure

Local Mall will not disclose to any third party any financial details that may be linked to an individual client's business with Local Mall. However, Local Mall may use aggregated data, not identifying clients individually, for activities including, but not limited to, marketing.
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Privacy

Local Mall will not provide client details to any third party. This excludes such details that the client elects to publish within their Local Mall presence. Local Mall may monitor all electronic traffic to/from a website or URL hosted by Local Mall.
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Advertising

The client consents that Local Mall may use the existence of the client's presence in Local Mall for activities including, but not limited to, marketing.
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Communication

Communications between Local Mall and a client will be primarily by e-mail. Clients may request (at an additional charge) that Local Mall uses an alternative method of contact, including, but not limited to, fax, phone, or post.
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Exclusions

Local Mall accepts no responsibility or penalty for any aspect related to the client's ability to utilise their online presence. This includes, but is not limited to an inability for the client to access the internet and send outgoing emails.

The client accepts all responsibility for ensuring that offering their products or services on the internet is not unlawful or against any rules and regulations of their suppliers or member organisations.

Warrantees for all products and services sold or advertised through client websites are strictly between the purchaser (consumer) and the client. Local Mall will not enter into any such warrantee discussions.

Local Mall retains the right to discontinue supplying service to any client at any time. This includes, but is not limited to any requirements by law.
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Content

Local Mall reserves the right to approve or reject any content of a client's presence. Local Mall reserves the right to remove with or without notice any content that we have reasonable grounds to believe may be in violation of legislation.
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