Candyman Productions - Terms and Conditions

Please read through our Terms and Conditions, we ask that you do not use our website or service until you have familiarised yourself with them. If you are using or have used our service it is understood that you have agreed to the terms set forth on this page. When we say "We" "Candyman Productions" "Candyman" "CP", "US" and "our service" we are referring to Candyman Productions Pty Ltd and its respective products and services. References to "you" "your" "customer"  "client" and the like, refer to you, and your agents. These Terms and Conditions can change at any time. It is important that you check back here regularly. Your continued use of this website and our services implies acceptance of any subsequent revisions.

Our Billing Procedure
You will be billed once a month when using our service. We bill on the first of the month for that month's monthly subscription fee. You will be billed retrospectively for any additional services that you use during a given month. Your first month will be billed on a pro-rata basis dependent on the number of days left in the month.

Design Deposit
We take a 50% deposit of a website package upon submission of a design brief. This is charged to your credit card prior to our Design Team beginning work on your website. If you cannot pay via credit card we may be able to accept a direct debit into our nominated account.

Our Design Team will then present you with a design concept for your new website. We will work with you in the form of rounds of changes (depending on your package) to ensure you are happy with your website design. Once you have given us approval of your website design our money-back guarantee no longer applies and any further requests for design changes will incur our hourly fee of $90 including GST.

Candyman Productions reserves the right to invoice any charges and expenses incurred that exceed the initial deposit should circumstances change and clients do not wish to proceed with the project. Charges are not limited to web hosting, email services, domain names, images or modules purchased and any consulting hours at the then going rate plus GST.

Browser Version Design
Our Design Team will design your website compatible only with the latest versions of Internet Explorer , Mozilla Firefox, Safari, and Chrome. Certain older versions of browsers may not render the website scripts or Web 2.0 functionality correctly and we recommend you always keep abreast of the latest browser versions as we do not guarantee performance on any older versions of browser. Should you require your website to be developed for older browser versions then please contact us to discuss your requirements and a quote can be provided to meet your needs.

Money back Guarantee
We offer a money-back guarantee on the 50% design deposit taken on each website package. However, the following conditions apply:

Activation
Once you have approved your design concept we will then upload your design into our system. At this time we will require your content to be provided to us, for it to be uploaded onto your website. The number of pages of content to be uploaded will depend on your website package. If you have not supplied us with completed content within 7 days of approving your design, we will upload 'dummy' content into your website and provide you with login details to our Back-end Administration area. If however, you have supplied us with your content it will be uploaded onto your website, and then you will be provided with the login details to our Back-end Administration area.

Grace Period
You have 7 days from when you are supplied with your login details to Back-end Administration as a grace period before we automatically charge the final 50% of your package price. This will be charged automatically via the same method as your deposit. If you ask to activate (have your website on its domain name) during this 7 day period we will charge you the final 50% of your package price at that time.

12 Month Obligation
All packages purchased have a 12 month minimum subscription with the website remaining active and you a full-paying customer of Candyman Productions as from the date the site goes live to public access, date of handover, date of domain name purchase or whichever comes first.

Payment in Advance
You are billed for the month in advance. If you cancel your service, you will not be billed again. However, you will not be eligible for a refund or partial refund for the previous payment, regardless of how much of the current month you have used.

Our Refund Policy
If you are not happy with your website then you can cancel your service immediately once the minimum 12 months subscription is over. From the time you receive your cancellation confirmation from Candyman Productions, you will no longer be billed by Candyman Productions. No retrospective cancellation is possible. You are billed monthly, for the month in advance for your monthly subscription. No refunds or partial refunds are available for unused portions of the month.

The Images On Your Websites

If we use stock imagery on your website you do not own these images, ownership is retained by the image rights owner.  Such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your website by us. Any editing of the dimensions in which they appear may contravene their usage rights. Do not copy the images and use them in other promotional materials. If you are looking to own the images on your website or use them for another purpose then please contact us and we will endeavor to put you in contact with the image rights owner.This of course, does not apply to images that you own and provide to us for use on your website.

Our Intellectual Property
The system that runs your website remains the property of Candyman Productions at all times. The coding, programming and intellectual property that creates your website is owned by Candyman Productions. In purchasing a website package with us you own the style, design and graphic design of the website. You also own all of the content that you place onto your website. The content, style and design on your website will be made available to you if you elect to leave Candyman Productions.

Website Content
Websites from Candyman Productions cannot be used to disseminate, communicate, store or transmit:

Support
Candyman Productions provides a telephone helpdesk during business hours 9am -5.00pm (EST) and an email support service on This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Included in your monthly fee:

The following attracts our support fee of $90/hour with a $90 flagfall including GST

Service Level Agreement

Your Privacy
Your privacy is important to us. We dislike SPAM as well. We will never sell, lease or distribute your contact details to any 3rd party. We will only reveal data pertaining to your account if compelled to do so by law.

Use Of Our Email Facility
If you choose to use our email newsletter facility you must abide by the relevant electronic messaging laws of all relevant jurisdictions. Do not use the email facility for the purpose of spam. Only send emails to addresses that have requested to receive information from you. We will not be responsible for the emails and any electronic correspondence sent from our system by you. We will fully co-operate with relevant legal authorities requiring information about the efforts of spammers.

Fair Use Policy
We employ a fair use policy to our websites. If we believe, for any reason, that you are not behaving in a manner expected of a Candyman Productions customer then we reserve the right to terminate your account - effective immediately.

Our Website
You may display our website on an internet access device, and occasionally, and only in circumstances that constitute "fair use" under applicable copyright law, print copies of insubstantial portions of our website. You may not modify our website, or any portion of it, except with the express written consent of Candyman Productions.

Accessibility
We make efforts to ensure that our website, Back-end Administration and all of our services are online 24x7 every day of the year. However, this will not always be the case. There are times when our website will be down, sometimes for things that we can't control and others that we can. When our service is offline we will do our best to get it online as soon as possible. We will not be held responsible for damage, events or losses directly or indirectly related to our website being offline.

Online
We endeavor to provide at least 99% uptime on all of our hosting. If in a given month, we do not reach this target, we will not offer compensation. We offer hosting for free (included in the price of our service) and do our best to keep our sites online but cannot be held responsible when websites are offline.

Liability
We will not be held liable for any action or inaction relating to our service. We offer a unique service at highly competitive rates. We believe that our system is highly secure from the actions of hackers, viruses and other problems on the internet but can make no guarantees. It is up to you to back-up and ensure the integrity of your data offline. If your website is offline then please contact us and we will try to fix the problem as soon as possible. We will not be liable for loss of sales, leads or reputation from using our service.

Candyman Productions may use various Joomla extensions that enhance the websites functionality. Candyman Productions do not endorse or support the software extensions in anyway nor warrant it's effectiveness or functionality. Candyman Productions will attempt to update all extensions along with any Content Management Systems (CMS) official released updates as and when released, however on certian occassions the newer version of the CMS and the extensions may not be compatible as the designers of these extensions may not have updated their offerings.

In the unlikely event of this occuring, Candyman  Productions will inform the client of the situation and recommend various options to be decided upon, including potentially not updating the CMS to the latest version in an effort to retain existing functionality. Clients agree to the continuation of the monthly maintenance services as is, regardless of whether updates continue or not.

Candyman Productions will not be held liable for any loss of functionality as a result of any updates provided as these extensions and software are provided under the GNU public license and open source community. Candyman Productions role is to provide implementation of the CMS and any extensions for the benefit and use of clients without warranty or endorsement of the software itself.

Jurisdiction
This website is governed by the laws of the state of New South Wales, Australia. Any dispute arising from the use of this website will be settled in this jurisdiction.