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 (Digital Angels Pty Ltd ABN: 86 613 038 921) 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 &/or administration fees being applied.
“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 legal demand costs”.
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.
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.
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.