Ocean Groups

The services proposed to be provided by Ocean. Groups (the “Company”) to (the “Customer”) will be subject to the following terms and conditions, whichever is appropriately applicable to the services opted by and provided to the Client.

TERMS AND CONDITIONS

I. WEB DESIGNING / WEB HOSTING

A. Obligations of the Company:-

	1. The Company shall design a website within a period of 7 (seven) days from the date of the Customer placing the order for the web designing services of the Company and making payment for the same. In case the Customer is providing the designs for the website, the Company shall design the website within a period of 7 days from the date of receiving the designs from the Customer.

	2. Should the Customer request for modifications to a website that is designed by the Company, the Company shall modify the website. However, the Company shall be entitled to a reasonable extension of time for carrying out the requested modifications.

	3. The Company shall perform the process of validation of the website.

	4. The Company shall use and apply the content provided by the Customer while designing the website.

	5. Should the Customer use CMS websites or such other similar websites, the Company may not be in a position to carry out the web designing to the exact specifications of the designs will be confined to those permitted by such websites and/or the servers hosting them.

	6. Should the Customer desire to transfer its website from another server to the server of the Company, the Company shall provide requisite information services to the Customer on the procedure required to be adopted for effecting such transfer.

	7. The Company shall facilitate the creation of a website for the Customer should the Customer request for one, with the available choices of web domains that may be selected by the Customer.

	8. The Company shall also host the website so created and designed for the Customer should the Customer request for hosting services by the Company.

	9. Should the Customer opt for web hosting by the Company, the Company will provide to the Customer unlimited email identities and unlimited traffic to the Customer’s website free of cost for a period of 1 (one) year from the date of the Company successfully creating, designing and hosting the Customer’s website.

	10. The Company shall provide regular progress updates to the Customer.

B. Obligations of the Customer:-

	1. The Customer shall provide the Company with the following information among others
	a. FTP (File Transfer Protocol) details; b. Domain username and password; and c. Images and content for the website, if the Customer chooses to.

	2. The Customer shall promptly respond to all email communications issued by the Company to the Customer, including confirmations on designs and content as and when requested.

	3. Should the Customer require the Company to carry out the web designing services of its existing website in a manner it desires despite the same being a CMS websites or such other similar website thereby incapacitating the Company to carry out desired designing, the Customer shall transfer its website from its then existing server to the Company’s server.

	4. The Customer shall make payment of the instalments on time in accordance with the schedule detailed in the invoice raised by the Company failing which the Company shall be at liberty to undo the designing work carried out to the website and also discontinue hosting the website.

	5. Should the Customer require the Company to render web hosting services beyond a period of one year from the date of the Company successfully creating, designing and hosting the Customer’s website, the Customer agrees to pay in advance a sum of AUD 180 (one hundred and eighty) per year for continuance of similar services.

II. SEARCH ENGINE OPTIMISATION (SEO)

The Customer may, in addition to web designing and web hosting services, also require the Company to carry out SEO of the Customer’s website. In such case, the terms and conditions detailed in Section I above shall be applicable in addition to terms and conditions contained below in this Section II, and the same shall be read jointly. Alternatively, the Customer may opt only for the SEO of the Company in which case, the terms and conditions contained below in this Section II alone shall be applicable.

A. Obligations of the Company:-

	1. The Company shall carry out SEO and complete the same within a period of 45 (forty five) to 90 (ninety) days from the date of the Company (i) receiving the FTP details of a given website from the Client; or (ii) creating, designing and / or hosting a website for the Customer. However, the Company will be entitled to a further extension of time for a maximum period of 30 (thirty) days beyond the 90 days denoted above and shall be entitled to such extended period of time upon prior written communication to the Customer.

	2. The Company shall perform the process of validation of the website.

	3. The Company shall provide the Customer with suggested options for key words that require to be used for carrying out SEO services of the Customer’s website and shall use only such key words that are selected by the Customer amongst ones provided by the Company to the Customer, for performing the SEO services.

	4. The Company shall also host the existing website of a Customer for whom SEO services have been rendered should the Customer request for hosting services by the Company.

	5. The Company shall provide regular progress updates to the Customer.

	6. The Company’s obligation to render SEO services shall commence in the first place only upon receipt of the initial fee payable by the Customer to the Company, as detailed in the invoice provided to the Customer in advance.

	7. The Company shall render SEO services to the Customer for a total duration of 1 (one) year from the date of communication to the Customer of completion of the SEO services.

B. Obligations of the Customer:-

	1. The Customer shall in the first place provide the Company with the following information: if applicable and requested by the company.
	a. FTP (File Transfer Protocol); and b. Domain username and password.

	2. The Customer shall, upon being provided suggested key words by the Company for optimisation, promptly respond to the Company with key words which the Customer deems as best describing or popularly relating to his business being contained and advertised on his website.

	3. The Customer shall promptly respond to all email communications issued by the Company to the Customer, including confirmations on the key words, as detailed above, and any confirmations that may be sought by the Company from the Customer.

	4. The Customer shall make payment of the instalments on time in accordance with the schedule detailed in the invoice raised by the Company failing which the Company shall be at liberty to discontinue SEO services and if web designing and hosting is opted by the Customer, undo the designing work carried out to the website, and also discontinue hosting the website.

	5. The Customer understands that SEO is a continuous process that is rendered by the Company for achieving the optimisation process of the Customer’s website and the Customer shall continue to provide the Company with such inputs as requested by the Company from time to time.

	6. Should the Customer require the Company to render SEO services beyond a period of 1 (one) year, the Customer shall renew this agreement and terms and conditions to be mutually agreed at the point of renewal.

III CONSEQUENCES OF BREACH OF TERMS AND CONDITIONS

If either of the Company or the Customer breaches the terms and conditions contained herein, the party suffering the breach shall give issue a communication to the party committing the breach calling upon to rectify the breach within 7 (seven) days from the date of receipt of such communication. Where such breach is not remedies despite such communication and the 7 day period lapsing, the party suffering the breach shall be entitled to terminate this contract with the party committing breach forthwith. In case the party suffering breach is the Company, the Company shall also be entitled to recover any money pending due and payable by the Customer under this contract.

IV MISCELLANEOUS

	1. The Company renders its services to the Customer at the Customer’s option. The Company does not make any representations or guarantees that the services provided by the Company to the Customer will generate or enhance the business / revenue / profit of the Customer, in any manner whatsoever.

	2. The Company shall not be obligated to control, monitor or edit the content on the Customer’s website. All design and content developed by the Company shall be verified and accepted by the Customer. The Company shall not be responsible in relation to any claim or liability arising due to the design and content that has been used by the Company on its own while designing the website of the Customer or such design and content that has been provided by the Customer for designing the Customer’s website.

	3. The Company shall make all efforts to ensure that it provides continuous web hosting services without any interruption. However, such obligation of the Company shall be subject to technical issues that may affect the Company rendering its services.

	4. The Company shall render support services during the duration of this contract to the Customer should the Customer experience any difficulty in utilising the services rendered by the Company under this contract.

	5. The Company shall not be accountable or liable for any content posted either by the Customer or any third party on the website of the Customer. Any claim or liability arising in relation thereto shall be solely to the account of the Customer and the Customer shall keep the Company harmless and indemnified at all points in time.

	6. The terms and conditions contained herein cannot be modified without the mutual consent of the Customer and the Company.