This email and any attachments are proprietary and confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily reflect or represent those of Digital Angels Pty Ltd
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Digital Angels Pty Ltd – PO Box 2469 Fountain Gate VIC 3805 – ABN: 86 613 038 921
The information contained in this website is for general information purposes only and is provided by webmarketingangels.com.au. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you may be able to link to other websites which are not under the control of webmarketingangels.com.au. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, webmarketingangels.com.au takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
This website and its contents are the copyright of Digital Angels Pty Ltd – © 2019. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure server. webmarketingangels.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
STORAGE AND SECURITY OF YOUR INFORMATION
We receive and store information you enter on our website or give us in any other way from time to time. You may provide basic contact information such as your name, phone number, address, and email address to enable us to send information or process your product order and we may also collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with our customer support.
We may use personal information collected from you for the purpose of providing you with direct marketing material, updates regarding our website and information in the form of a newsletter. This will only apply if you have registered or subscribed to such publications by registering your details with us. However if you wish to cease receiving any such information you may let us know either by email or unsubscribing at any time and your request will be actioned immediately.
Individual profile and company details are not used for any other purpose. Details are only supplied to a third party supplier when it is required by law, for goods or services which you have purchased or to protect our copyright, trademarks and other legal rights.
We respect the privacy of our online visitors. We may collect information on or through this website that can personally identify you. For example, we collect personally identifiable information which you volunteer to us to respond to visitor questions and comments about us and our products and services, and to mail e-newsletters (“Personal Data”).
Any non-personal information, communications and material you send to this website or to us by email, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products.
COOKIES AND PIXELS
DISCLOSURE OF YOUR INFORMATION
We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of webmarketingangels.com.au, our customers or third parties.
If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be disclosed to a potential purchaser under a confidentiality agreement. We would only disclose your information in good faith and where required by any of the above circumstances.
We do not and will not sell or deal in personal or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased or to protect the rights, property or safety of webmarketingangels.com.au, our customers or third parties or if required by law.
We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
We strive to ensure the security, integrity and privacy of personal information submitted to our website, and we periodically update our security measures in light of current technologies.
Website Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to webmarketingangels.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and webmarketingangels.com.au’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that webmarketingangels.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), webmarketingangels.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of webmarketingangels.com.au.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
RETURNS AND REFUNDS
webmarketingangels.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of webmarketingangels.com.au.
LINKS TO OTHER WEBSITES
webmarketingangels.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between webmarketingangels.com.au and the owners of those websites. webmarketingangels.com.au takes no responsibility for any of the content found on the linked websites.
webmarketingangels.com.au’s website may contain information or advertisements provided by third parties for which webmarketingangels.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, webmarketingangels.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. webmarketingangels.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of webmarketingangels.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. webmarketingangels.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data webmarketingangels.com.au collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
webmarketingangels.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSE YOUR INFORMATION
webmarketingangels.com.au may be required, in certain circumstances, to disclose information in good faith and where webmarketingangels.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of webmarketingangels.com.au. webmarketingangels.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then webmarketingangels.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. webmarketingangels.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
webmarketingangels.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and webmarketingangels.com.au concerning your use and access to webmarketingangels.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and webmarketingangels.com.au that results in litigation then you must submit to the jurisdiction of the courts of Victoria.
By agreeing to proceed with a website design package, services or any digital marketing project, you accept that this forms a contract with WEB MARKETING ANGELS (Web Marketing Angels ABN: 38 172 107 186) and the following terms and conditions. These terms and conditions should be read in conjunction with any ‘quote’ and or tax invoice you have received from WEB MARKETING ANGELS.
WEB MARKETING ANGELS services are provided at the agreed rate. Unless otherwise agreed, web design packages include website design and build (see package variations). Where applicable, the free ‘Hosting Package’ for the first 12 months commences when development begins. A domain name can be registered by us on your behalf or provided by you. If you already have a domain name, we can arrange a free DNS transfer. WEB MARKETING ANGELS will also set up an email hosting account if required (see package variations).
Basic packages require full payment in advance by either credit card or EFT prior to commencement.
A 50% deposit is required for non Basic packages.
All balances must be paid prior to login access being provided by WEB MARKETING ANGELS.
Although WEB MARKETING ANGELS reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.
Failure to make complete payments may result in your website, emails or other services being suspended.
Additional extras such as graphic design work, layout changes, extra WordPress plug-ins, additional functionality items etc. must be paid in full by either credit card or EFT, prior to commencement of work.
All receipts/invoices will be sent via email.
“In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including commission on collection of the additional costs and also including legal demand costs”.
CANCELLATION & REFUNDS
All deposits received are non-refundable.
Once the design brief is received by WEB MARKETING ANGELS, all balances are payable on a project.
Customer cancellation of any WEB MARKETING ANGELS services at any stage must be notified in writing via email. Any outstanding balances remain payable regardless of the stage of design or production of the project.
For any ongoing or month to month services 30 days notice is required to cease continuation of said service.
Non-payment of any outstanding amounts will be passed onto a debt collection agency for full payment plus expenses.
WEB MARKETING ANGELS do not offer refunds for server, service or software interruptions.
Although WEB MARKETING ANGELS endeavour to complete every project on time or sooner, WEB MARKETING ANGELS cannot be held responsible for the delay in the design or development of any website design package.
WEB MARKETING ANGELS reserves the right to suspend or cancel a customer’s access to any or all services provided by WEB MARKETING ANGELS, at its discretion, if the account has been inappropriately used or otherwise abused.
Individual accounts are for the intended use of the account holder only.
WEB MARKETING ANGELS does not allow any of the following content to be stored on its servers: (a) Illegal material, including copyrighted works, commercial audio, video, or music files, or any material of any type in violation of any federal, state or local law or regulation anywhere in the world. (b) Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes “adult material” is entirely at the discretion of WEB MARKETING ANGELS. (c) Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing etc. material or encrypting of any of the above. This also applies to sites which provide links to or ‘how to’ information about such material.
Unless otherwise agreed all websites will have a discreetly placed ‘Web Design by WEB MARKETING ANGELS‘ or similar link to the WEB MARKETING ANGELS website.
WEB MARKETING ANGELS does not control the interaction between your website and its visitors.
For security reasons, Cpanel access cannot be given to any WEB MARKETING ANGELS customers.
WEB MARKETING ANGELS builds all sites on the latest install version of WordPress at that time. WEB MARKETING ANGELS is not responsible for installing/updating-to future versions of WordPress. Any requests for installing and updating WordPress versions is chargeable at our normal hourly rate of $80+GST.
Any website can be vulnerable to a “hack” or malicious activity. While it is out of our control, in the unlikely event of a hack to a client website, WEB MARKETING ANGELS can reinstate your site from a backup version, check security integrity and complete a performance update for a fee of $299+GST.
If a hacked website has been updated by WEB MARKETING ANGELS, there are no guarantees the website will not be hacked again.
WEB MARKETING ANGELS does not provide ‘Top Level’ admin access to any WordPress website project unless the client agrees that ongoing support from that point becomes chargeable at our normal hourly rate of $80+GST.
WEB MARKETING ANGELS websites are self managed and WEB MARKETING ANGELS is not responsible for any copy, editing or updating of your website content.
After ‘sign-off’ of a website design concept, any amendments from that point, will be subject to additional design fees.
Website images must be provided by the client. For a small fee, images can be purchased from the WEB MARKETING ANGELS image library. Alternatively, WEB MARKETING ANGELS can either suggest stock image websites or can source images on your behalf at our current rate of $60+GST per hour plus the cost of the image/s.
A website will only go ‘live’ after full payment has been received.
If you have purchased a package which includes a ‘logo design’, WEB MARKETING ANGELS will complete the logo design before commencing the design of the website.
Websites with ‘Mobile Responsive Design’ do not include any customisation to the design or layout visible on a Smartphone or tablet. Customisation is available at an extra cost following instruction from a brief provided by the client.
SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
For all content, imagery or photography provided to WEB MARKETING ANGELS in the provision of services, client hereby warrants:
a) they own the intellectual property rights in that content;
b) content does not infringe the intellectual property rights of a third party;
c) content is not fraudulent, stolen, or otherwise unlawful;
d) content does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, or criminal law);
e) content is not defamatory, unlawfully threatening or unlawfully harassing; and
f) content does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
WEB MARKETING ANGELS reserves the right to refuse any content it considers to be in contravention with any of the above statements. Client acknowledges that copyright to any stock imagery or photography used on client’s websites is retained by the owner. Client acknowledges that 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 WEB MARKETING ANGELS. Any editing of the dimensions in which they appear may contravene their usage rights.
Website plug-ins purchased pre or post sale are installed on your website on a basic level i.e. WEB MARKETING ANGELS provide a basic set up of information sufficient for the plug-in to function on the website.
Beyond the basic level of set up, additional fees apply for customisation of that same plug-in.
After basic installation and any customisation of a plug-in, an optional monthly support fee (paid by direct debit) will apply at an agreed rate from WEB MARKETING ANGELS, payable from the day login access is provided by WEB MARKETING ANGELS.
If a client opts not to pay for support for a plug-in, any queries, questions, alterations, updates, amendments or similar, will become a paid service from WEB MARKETING ANGELS and charged in minimum 30 minute blocks.
WEB MARKETING ANGELS builds all sites with the latest version of plug-ins and requested plug-ins. Updating versions of any plug-in is subject to a minimum charge of $80+GST per hour plus any additional time spent on reconfiguration, customisation and testing.
HOSTING AND SUPPORT
Unless otherwise agreed, websites will be hosted by WEB MARKETING ANGELS.
Customers wishing to use alternative hosting, need to confirm such hosting is suitable for the website built by WEB MARKETING ANGELS.
WEB MARKETING ANGELS cannot give a 100% guarantee that there will be no hosting interruptions or downtime from it’s hosting supplier and shall endeavour to inform of any scheduled updates or maintenance.
Where WEB MARKETING ANGELS are not hosting a website, WEB MARKETING ANGELS will prepare and deliver (after any outstanding balances are paid), a set of files for upload and installation on the alternative host by the alternative host.
WEB MARKETING ANGELS will not be responsible for the installation of the website on alternative hosting.
On a ‘fee per service’ basis, WEB MARKETING ANGELS can continue to support your website if it is not hosted by WEB MARKETING ANGELS.
Please refer to ‘PLUG-INS’ for terms and conditions relating to the support of a website plug-in.
All forms of support are subject to ‘fair use’ time limitations of 8 hours per month. Support time includes any form of communication and also time spent on research, development, installation, customisation, testing and design. Additional support time is logged and will be charged at our current rate of $80+GST per hour.
If, in exceptional circumstance, ‘CPanel’ or ‘FTP’ access is given to a client, WEB MARKETING ANGELS can only provide ‘basic’ (non-technical) CMS support for that website. WEB MARKETING ANGELS cannot be held responsible in any way for errors, mistakes, loss or deletion of information or similar as a result of ‘CPanel’ or ‘FTP’ access. A request for recovery of any website by WEB MARKETING ANGELS will be subject to a formal quote to reinstate the original website install (if possible).
WEB MARKETING ANGELS cannot guarantee a requested domain name will be available.
If an WEB MARKETING ANGELS web design package includes a free domain name, an ABN or ACN will be required for the registration of an Australian ‘.com.au’ domain name. If a ‘.com’ is registered (as part of your package), the ownership of that domain will be transferred to you upon request.
All Australian ‘.com.au’ domain names purchased by WEB MARKETING ANGELS will be for a 2 year period. The registration of a ‘.com’ domain name will be for 1 year.
Domain names will always remain the property of the Customer.
WEB MARKETING ANGELS websites cannot be transferred away from WEB MARKETING ANGELS servers other than by agreement and only after payment of any and all outstanding fees are received. If a transfer is agreed, WEB MARKETING ANGELS will prepare a set of files containing the contents of your website. An administration fee of $249 (+GST) is payable for this process.
No responsibility can be taken by WEB MARKETING ANGELS for website or email disruption during any part of the transfer process.
WEB MARKETING ANGELS cannot provide support for any website they do not host on their servers.
If you are transferring an existing WordPress built website to WEB MARKETING ANGELS (without purchasing a web design package), a one-off $249 (+GST) transfer fee plus annual hosting fees applies.
If you are transferring your existing WordPress website to WEB MARKETING ANGELS, WEB MARKETING ANGELS cannot transfer your existing emails to our hosting platform. We recommend you take a copy of all emails from your existing host up to the point of transfer to WEB MARKETING ANGELS. Emails will be available for pick-up once the transfer of your website is complete. WEB MARKETING ANGELS cannot be held responsible for any emails lost during the transfer period and we recommend an alternative email address (hotmail, gmail, outlook or similar), be set up during that same time.
WEB MARKETING ANGELS shall not be liable, under any circumstances, for any loss of business, profits, goodwill or data, loss of use, interruption of business, or for any indirect, or consequential damages that result in any way from the customer’s use of, or inability to use the services, or that results from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or software.
WEB MARKETING ANGELS cannot be responsible for any damages that may be suffered resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions, including interruption at payment gateways or email interruption or through receipt of spam emails.
WEB MARKETING ANGELS makes no representations, warranties or assurances that the customer’s equipment will be compatible with the WEB MARKETING ANGELS service.
TRADEMARKS & COPYRIGHTS
The design of your website (the look and feel) is under copyright and license from WEB MARKETING ANGELS for use by yourself. You are prohibited from selling, replicating or reproducing any of the design of your website without written permission.
The customer warrants that it has the right to use any applicable trademarks on their website.
Where WEB MARKETING ANGELS produces any design, pattern, or specification during the manufacture of the Goods and Services, intellectual property in them remains with WEB MARKETING ANGELS, and may only be reproduced or copied with the written consent of WEB MARKETING ANGELS.
The Customer may only use WEB MARKETING ANGELS servers for lawful purpose. Transmission of any material in violation of any federal, state or local regulation is prohibited.
ACCEPTABLE USE POLICY
We offer several features of our web design services in a manner which is effectively unlimited for the majority of our customers subject to our
acceptable use policy. We further define those unlimited aspects as follows;
Web Design Revisions – We consider up to 8 revisions as acceptable use, it is rare for a customer to require more than 5.
Number of Pages – There is no limit other than the customer’s ability to create and manage them.
Support – Telephone support is offered to current Web Marketing Angels client’s packages and is limited to a maximum of 4 hours per month.
WEB MARKETING ANGELS does not warrant that the service will not be interrupted or error free; nor make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the WEB MARKETING ANGELS servers, unless otherwise expressly stated in this Agreement.
Under no circumstances, including negligence, shall WEB MARKETING ANGELS, its officers, agents or anyone else involved in creating, producing or distributing WEB MARKETING ANGELS web design services be liable for any damages that result from the use of, or inability to use the WEB MARKETING ANGELS service or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to communication failure, theft, destruction or unauthorised access to WEB MARKETING ANGELS’s records, programs or services.
Notwithstanding the above, the customer’s exclusive remedies for all damages, losses and causes of actions shall not exceed the aggregate dollar amount which the customer paid during the term of this agreement and any reasonable attorney’s fee and court costs.
This agreement shall be governed in all respects by the laws of Victoria Australia. The parties irrevocably submit to the jurisdiction of the courts of Victoria Australia.
Each provision of this agreement including these terms of service is severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.
Revisions will be considered agreed to by the customer as specified in Section I. Financial Arrangements.
This agreement constitutes the entire understanding of the parties. Any changes or modifications to this contract thereto, are agreed to by both parties upon renewal of services.
These terms and conditions should be read in conjunction with any quotes for your WEB MARKETING ANGELS design package.
APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.