Copyright © InkThemes.com
Call us on 44 7700 900693
Please read these Terms and Conditions carefully as they will form a contract between us and you; Your acceptance of which is agreed from the moment you sign our Website Agreement, Hosting Agreement or Support Agreement.
We have tried to keep these Terms and Conditions brief, easy to understand, and as straight forward as possible. If you have any questions however, please do not hesitate to contact us.
Terminology:
You (‘the Client’)
Us (M.i.2.s. Marketing Pty. Ltd., and herein after referred to as ‘the Company’)
The Project the body of work that is being undertaken, normally consisting of several connected and inter related parts, such as consultation, graphic design or logo design, image editing, website development and/or hosting; programming and other things agreed.
What do both parties agree to?
i. The Client agrees to:
i. Provide the Company, within a reasonable time-scale, everything that is requested from you to complete the Project including text, images and other information.
ii. Provide the Company with text and images in the format as stated below (see photographs and images)
iii. Review the Company’s work, provide feedback, and signoff approval in a timely manner.
iv. Make every effort to adhere to all agreed deadlines.
v. Adhere to the payment schedule laid out on our prices page or in the agreement, or agreed separately for bespoke work.
vi. Advise, in advance, of any confidential information to be presented by email, written, or verbally, between both parties. Also, for this to be marked as ‘confidential’ in the subject of the email, or clearly on any written documents.
vii. Provide a minimum of one months notice in writing, or by email should you wish to cancel any contract before completion.
ii. The Company agrees to:
i. Carry out services in a professional and timely manner.
ii. Make every effort to adhere to any deadlines agreed between us and you.
iii. Make a reasonable number of revisions to the design, layout, colours etc, until you are satisfied with the design concept or such time as both parties feel an agreement is likely to be reached but no more than 2 major revisions. Additional revisions or design work outside the scope of the project will be charged separately.
iv. Endeavour to complete requested website revisions or updates within 48 hours, wherever possible. Revision entitlement per month is dependant on your support package.
v. Maintain up to date skills and knowledge through regular training and research.
vi. Contact you before the end of the first 12 month period, to discuss the various options open to you for continuing website maintenance and support and/or hosting.
iii. Website Development:
i. All websites are developed to work primarily across all major browsers and platforms including other devices such as mobile phones and touch-pads. However, the Company cannot guarantee complete and/or long term compatibility across every major browser, platform or hand-held device due to updates/upgrades by their respective vendors.
ii. The Company cannot guarantee compatibility in old or redundant browser software.
iv. Payments and Contract Lengths:
i. All payment schedules, or will be agreed separately for bespoke work.
ii. The company has the right to charge the client up to 85% of the total web development costs, should the client cancel the website agreement after the design concepts have been agreed but prior to the website going live. The scale of the charge will be dependent on what stage the project is at when the cancellation takes place.
iii. Once the site goes live any early cancellation of your standing order during the first 12 months will be deemed a break in contract. In this case you would be liable for the balance of the contract to be paid with immediate effect plus a $50 admin fee (The admin fee covers time taken to discover the cancellation, generating an invoice and posting)
iv. Alterations to standing order mandates to reflect new or changed contracts are the sole responsibility of the client. Overpayments to the Company as a result of not updating a standing order mandate will not be reimbursed to the Client. Underpayments or missed payments, however, shall be backdated to the point at which the underpayment or missed payment was discovered and the Client shall be responsible for bringing their account up to date within a reasonable period of time.
v. Contract lengths are normally 12 months unless agreed beforehand between the Client and the Company. The Company requires a minimum 30 days notice to cancel a support or hosting contract.
v. Content Management Systems:
i. All packages with the exception of our basic package (Start Up) will be developed using a Content Management System (CMS).
ii. In order to maintain compatibility between clients the company now use the Word-press Platform exclusively as our CMS of choice. E-commerce stores use different management systems depending on the scale and complexity of the Project.
iii. However, in some instances, the company may build a bespoke solution, depending on the exact requirements of the Project.
iv. Any associated or additional fees, such as installation, set-up, testing and introductory training pertaining to Content Management Systems or E-commerce Management Systems are covered within your chosen package.
vi. Photographs and Images:
i. Any images or photographs that you supply should be in digital format, usually no smaller than 1024×768 pixels, with a suitable resolution that will allow them to be resized and used on screen. Traditional paper photographs requiring scanning are acceptable, however, there may be additional costs incurred due to time spent scanning and retouching the images. This depends entirely on the project and the number of images involved.
ii. Any images that the company are asked to obtain from third party photographers or stock photography will be charged as an additional cost.
iii. The Client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Company for inclusion in their website, or other design, are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend the Company and its subcontractors from any liability (including solicitors fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
iv. Evidence of ownership or permissions may be requested by the Company.
vii. The Copyright:
i. After the initial 12 month period, copyright is automatically assigned as follows:
ii. The Client will own, or have express permission to use, the text files, images, graphics and any visual elements, video or sound bytes, that you may have sent to us to use in connection with the project.
iii. The company will maintain copies of all the files used in connection with your project and if you require a disc copy of all the files used in connection with your project, then the company will be happy to supply this to you. Copies of the website files are maintained by us for a reasonable time (usually at least one year), and if you are hosting with us, then files are maintained both locally and on external servers.
iv. The copyright to the markup, CSS files, other code that may have been used by us for you, or certain images that the company may have supplied to or for you are licensed to you in connection with this web design project, and will be licensed solely to the domain name on which the website files reside.
v. At the bottom of the website page(s) after payment has been completed, usually it will say Copyright and the name of your business or company. The company do however reserve the right as the Company responsible for the design and/or development to place a small and unobtrusive link at the bottom of your website, thereby not hindering or distracting from your own website design.
vi. As the design company the company also reserve the right to display and link to your completed project as part of our portfolio, and to write about the project on other web sites, in magazine or ezine articles, books, written or digital publications of any design and source. Please inform us in advance of the website going live if you DO NOT want us to add your site to our portfolio of work.
viii. Hosting:
i. To ensure superior levels of reliability and performance, all our clients websites are hosted on a high speed, state of the art managed dedicated server which utilizes a guaranteed minimum uptime service availability level of 99.95%. Details of the exact specification of our servers are freely available to all our clients and will be given upon request.
ix. Liability:
i. The company will not be held liable for any missed launch date or deadline, if the Client has been late in supplying materials, or has not approved or signed off work on time, at any stage.
x. Confidentiality:
i. The Company adheres to all national and EU data protection, data transfer, data retention, and confidentiality regulations and always stores data sent to us in a secure manner within our security policy.
xi. General:
i. A website will not launch until a standing order or Basic payment has been set up, unless special agreement has been reached in advance.
ii. Additional costs for extra features and/or additional design costs, not covered by our standard packages, will be agreed and invoiced before the website goes live.
iii. If the Client does not respond to the Company’s request to discuss or choose ongoing support options, the client will automatically be placed on what the company feels is the most appropriate support package.
iv. A admin fee is payable for switching the client to another hosting provider.
v. Hosting only clients will be charged at our normal hourly rate for any further changes or updates to their website.
vi. There may be an additional fee for any design changes requested after the initial agreed design has been signed off.
vii. The Company is not responsible for writing or inputting any text copy unless this has been specified by the client.
viii. If you are hosting the website elsewhere, the Company cannot guarantee that the website is fully compatible with all hosting provider’s server operating systems, especially any contact forms, Content Management Systems, database driven websites, etc.
ix. If the website is to be hosted elsewhere, then you will still pay the same monthly fee as agreed.
x. The company do not offer any technical support for any other web site hosting company that you may choose (if you elect not to host the website with us).
xi. The company cannot guarantee that the functions contained within any web page (or part of your website design), will always be error free, and therefore the company will not be liable in any way whatsoever to you for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
xii. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Just the same as a fine, you cannot transfer this contract to anyone else without our consent or permission.
xiii. This contract remains in force and need not be renewed.
xiv. Although the company have tried to keep this contract language simple, the intentions are serious, and the contract is a legal document under the exclusive jurisdiction of Australian Law and Courts.
1. Authorisation
The above-named client is engaging Nilesh S.D., a sole proprietor, registered at P.O.BOX 83 46, TARNEIT, VIC 3029 AUSTRALIA. as an independent contractor for the specific project of developing and/or improving a website to be installed on the client’s web space on a web hosting service’s computer. The client here by authorises Nilesh S.D. to access this account, and authorises the web hosting service to provide Nilesh S.D. with “write permission” for the client’s web page directory, CGI-bin directory, and any other directories or programs which need to be accessed for this project. The client also authorises Nilesh S.D. to publicise their completed website to Web search engines, as well as other Web directories and indexes. The client will have Only access as an Editor of the website upon which you can create and delete pages or posts and write and erase contents or add or delete images, videos, audio’s on the Word-press CMS(Content Management System).
2. Standard Website Package Elements. Nilesh S.D. includes the following elements in the Standard Website Packages:
3. Standard Website Packages only. The content of the web pages will be supplied by the client. This website includes up to _5_ web pages. In case the client desires additional standard web pages beyond the original number of pages specified above, the client agrees to pay Nilesh S.D. an additional $75.00 for each additional web page. Graphics or photos beyond the allowed average of 1:3 per web page shall be billed at an additional $15.00 each. Where custom graphic work (beyond the scope of the “Custom Graphics Package” detailed above) is requested, it will be billed at the hourly rate specified below. The store size and additional services, and prices of each are detailed on the attached estimate.
4. Web Hosting. The client understands that any web hosting services require a separate contract with a web hosting service. The client agrees to select a web hosting service which allows Nilesh S.D. Full access to the website and a CGI-bin directory via FTP and telnet. The client further understands that if the web hosting service’s operating system is not a UNIX system, standard CGI software may not work, and providing a substitute may incur additional charges.
5. Maintenance and Hourly Rate. This agreement includes minor web-page maintenance to regular web pages (not store product pages) over a 12 month period, including updating links and making minor changes to a sentence or paragraph. It does not including removing nearly all the text from a page and replacing it with new text. If the client or an agent other than Nilesh S.D. attempts updating the client’s pages, time to repair web pages will be assessed at the hourly rate, and is not included as part of the updating time. The 12 month maintenance period commences upon the date the client signs this contract. Changes requested by the client beyond those limits will be billed at the hourly rate of $66.00. This rate shall also govern additional work authorised beyond the maximums specified above for such services as general Internet orientation education, marketing consulting, web page design, editing, modifying product pages and databases in an online store, and art, photo, graphics services, and helping clients learn how to use their own web page editor. CGI programming charges (if any) are not included in this rate. You can choose either hourly or half hourly rate. The Hourly rate of $66/hour or $25/half an hour (With minimum charge of 90 mins and then billed per half hour), which cannot be changed later after agreeing the hourly or half hourly rate. The client need to backup there own data or contents of the website including audio/video images and graphics, we will maintain the back-end side of the updates and install essential or major updates only or Stable versions or Word Press
Rate Agreed Hourly @ $66/hr OR Half Hourly @ $25./Half Hour with minimum for 90 mins.
6. Changes to Submitted Text. Please send us your final text. Time required to make substantive changes to client-submitted text after the web pages have been constructed will be additional, billed at the agreed rate.
7. Quotes and project timeliness. Please be aware that projects are subject to change based on the actual development, planning, and requirements of the service provided. While we will certainly make every effort to do so, we make no guarantees that we will meet every budget or timeline that we propose. If a situation arises where additional time is required or the proposed budget is exceeded by more than 10%, we will present you with a new estimate prior to commencement of additional work.
8. Completion Date. Nilesh S.D. and the client must work together to complete the website in a timely manner. We agree to work expeditiously to complete the website no later than __________________
If the client does not supply Nilesh S.D. complete text and graphics content all web pages contracted for within six weeks of the date this contract was signed, the entire amount of the contract becomes due and payable. If the client has not submitted complete text and graphics content within two months after signing of this contract, an additional continuation fee of 10% of the total contract price will also be assessed each month until the website is advertised.
9. Fees. Fees to Nilesh S.D. are due and payable on the following schedule: 50% upon signing this contract, 50% when the web pages have been constructed according to the client’s original written specifications. If the total amount of this contract is less than $500, the total amount shall be paid upon signing this contract. Please note: final bill will be issued upon completion of Nilesh S.D.’s work – OR – if we have completed our development and are awaiting final changes from the client for more than 14 days, the final payment will be due and issued. The final changes the client requires will still be included in the final invoice/bill amount, but can be completed at the clients leisure (up to 3 months). Larger projects (Over $3,000.00) will be divided into an initial payment, progress payments and final payment. If your website is going to be hosted elsewhere from Melbourne Website Hosting, final payment must be made after you have approved the completed site and prior to Melbourne Website Hosting loading your new site online to your hosting ISP. We will host your site at an address on our servers until final payment is made. In case the client has not secured Web space on a web hosting service by the time the web pages are completed, the web pages may be delivered to the client on diskette or attached to an e-mail message. Advertising the pages to Web search engines and updating occur only after the final payment is made. All payments will be made in Australian funds. Payment is accepted in the form of check or credit card. All check payments should be made payable to “Nilesh S.D. Or M.i.2.s. Marketing Pty Ltd” at the following address:- P.O.BOX 83 46, TARNEIT, VIC – 3029. AUSTRALIA.
10. Assignment of Project. Nilesh S.D. reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
11. Legal Stuff. Nilesh S.D. does not warrant that the functions contained in these web pages or the Internet website will meet the client’s requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with client. In no event will Nilesh S.D. be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Nilesh S.D. has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The company cannot guarantee that the functions contained within any web page (or part of your website design), will always be error free, and therefore the company will not be liable in any way whatsoever to you for any third party damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
12. Copyrights and Trademarks. The client represents to Nilesh S.D. and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Nilesh S.D. for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend M.i.2.s. Marketing Pty. Ltd. and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. The copyright of the design of your site that M.i.2.s. Marketing Pty. Ltd. creates remains our design copyright. You can use this site for the business or purpose we create it for and cannot move it to any other server and modify the code in any way. You cannot, however, use our design for other sites by either on-selling the design or copying our code for another site external to the purpose we created the site for (copying the website for another business you own for example) – unless this is previously agreed in writing. Our design notice must appear on the home page of your site. You can choose the position and font colour (so long as it is legible). If you wish to purchase full design copyright of the site, you can, but this is not included in our regular site development fees.
13. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Nilesh S.D. and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.
14. Copyright to Web pages. Copyright to the finished assembled work of web pages produced by Nilesh S.D. is owned by Nilesh S.D.. Upon final payment of this contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. Nilesh S.D. retains the right to display graphics and other Web design elements as examples of her work in their respective portfolios. We can use the template or theme used on your website for any other client of ours.
15. Payment of Fees. In order for Nilesh S.D. to remain in business, payments must be made promptly. Delinquent bills will be assessed a $15 charge if payment is not received within 10 days of the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. Nilesh S.D. reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. In the event that the website is not completed by the date above due to pages/content to be added in addition to the contract herein or any other reason other than fault of designer, a “progress payment” shall be made to Nilesh S.D. in the amount of ¼ of the total contract bi-monthly until the website is completed. This agreement becomes effective only when signed by Nilesh S.D.. Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this contract was entered into in Werribee, Victoria, and any dispute will be litigated or arbitrated in Werribee, Victoria. Please pay on time.
16. Sole Agreement. The agreement contained in this “Website Design Contract” constitutes the sole agreement between Nilesh S.D. and the client regarding this website. Any additional work not specified in this contract must be authorised by a written change order. All prices specified in this contract will be honoured for six (6) months after both parties sign this contract. Continued services after that time will require a new agreement.
17. Initial Payment and Refund Policy.
The total amount of this contract is $_____________
This agreement begins with an initial payment of $______(Received_________________________). If the client halts work and applies by registered letter for a refund within 7 days, to Nilesh S.D.- M.i.2.s. Marketing Pty. Ltd., P.O.BOX 8346, TARNEIT, VIC – 3029 phone (03) 9749-3885 OR 0417 240 006 work completed shall be billed at the hourly rate stated above, and deducted from the initial payment, the balance of which shall be returned to the client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the client shall be liable to pay for all work completed at the hourly rate stated above. No portion of this initial payment will be refunded unless written application is made within 7 days of signing this contract.
Changes to these Terms and Conditions:
M.i.2.s. Marketing Pty. Ltd. reserves the right to add, delete, or modify any provision of these Terms and Conditions at any time without notice. Failure to receive notification of a change does not make those changes invalid. These Terms and Conditions will always be available to download or print from our website. The Client need to check updated terms and conditions every 90 days on the web address provided in the agreement.
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