Terms and Conditions

Please refer to the following terminology used throughout our Terms and Conditions:

 

 

1 – Service Provider Terms

1.1 All information sent from the client to us will remain strictly confidential. No information is intentionally shared with any third-parties.
1.2 We aim to provide the quickest turnaround time for your request. However it is not uncommon for us to take a few days to reply. Please bare patient with us. You too will also receive the same attention and dedication to your request.
1.3 As our team travels frequently and works remotely, our preferred primary communication is by email. This also allows for a paper-trail of requests to be completed. In-person, phone or other communication methods are also available upon request and subject to availability.
1.4 If resources are limited, or if the client requires work to be delivered in a short period of time, the core of work may be outsourced. If this is the case, all work is thoroughly examined and cross-checked by us when it is completed by our outsourced team to ensure quality, accuracy of the work, and check that work meets your the request’s deliverables.
1.5 We aim to provide you the best solution with our knowledge at the time your request has started. However we offer no guarantee that the work we complete will be a success or cause other unforeseen issues, due to many external factors that may affect the work that we do. We will do our best to adjust and/or amended, but be aware that additional charges may be necessary to cover our time and resources.
1.6 These Terms and Conditions may change without notice.

 

2 – Client Terms

2.1 The client shall not expect an immediate response from us. If we have not responded to your request after 10 working business days, please send a friendly follow up email.
2.2 Any relevant or related information, including, but not limited to: documentation; diagrams or representations of preliminary design elements; concept or mock-up designs; resources or materials discussed; shared or provided to the client will, not to be disclosed to third-party to replicate. We want to work as a team with you, not compete with other service providers.
2.3 Good communication. The client agrees to communicate, cooperate and work with us to deliver your request. It is in the client’s best interest that the client agrees with this term. Failure to do so, or if the client is non-responsive, section 4.4 may take affect.
2.4 The client unconditionally guarantees that any elements of your request, including, but not limited to: text; graphics; photos; designs; trademarks; or other artwork, that are supplied by the client to us, is owned by the client, or that the client has permission from the rightful owner to use each of these elements. The client will hold harmless, protect, and defend us from any claim or suit arising from the use of such elements furnished by the client.

 

3 – Termination

3.1 We aim to be respectful, fair and do the right thing by all our clients, and we expect the same to us from our clients. If either party (us or the client) is not happy with the relationship or the output of work, either party will openly express this in writing via email. We can’t read each other’s minds. But we will work through any issues together and hopefully come out with a more than satisfactory resolution.
3.2 If either party (us or the client) wishes to terminate work with us, at least four weeks notice is required.
3.3 If the client wishes to terminate work with us, any unbilled work or incurred costs that exceed beyond the client’s deposit amount, will be charged at our current hourly rate and the client shall be liable to pay for this time, at our discretion.
3.4 If the client wishes to terminate work with us, we may support the migration process to your new provider within reason. Any excessive work, may be charged at our hourly rate.
3.5 If we wish to terminate work with the client, any payments from the client shall either by converted into labour hours, exchanged for third-party services, or refunded as cash, at our discretion. If unbilled work or incurred costs that exceed beyond the client’s remaining balance, will be charged at our current hourly rate and the client shall be liable to pay for this time, at our discretion.
3.6 If is the client’s responsibility to ensure that all credentials supplied to us are changed upon termination. This includes, but not limited to: hosting/website/email credentials, third-party passwords etc. We will not be held liable or responsible any technical or marketing effects that result as an effect of our termination.

 

4 – Project Work

4.1 – Proposal Review Fee
4.1.1 A fee may be imposed to to review your request that would require more than 3 hours work to assess. If required, is fee is to be paid in full before any assessment for your request can begin, and is at our discretion. This covers costs for assessment and shows commitment and confidence the client and us.
4.1.2 The Proposal Review Fee amount will vary depending on the project.
4.1.3 All pre-work including, but not limited to: analysing requirements; research and discovery; design and/or development of mock-ups; competitor analysis; administrative tasks; and supporting documentation; providing a estimate and/or proposal; are factors calculated into the Proposal Review Fee. This fee may increase depending on the number of revisions by either party (us or the client).
4.1.4 There may be imposed consequences if a Proposal Review Fee is not received in full. Section 4.4 may apply.
4.1.5 The Proposal Review Fee are a one-time charge per Proposal and may be invoiced before, or together with our Proposal.

4.2 – Proposals
4.2.1 If there are any questions, and/or misinterpreted of requirements outlined in the Proposal, the client must contact us immediately to rectify the agreement before agreeing to the Proposal. Failure to so may result in inaccurate results for your project. If this is the case, the client will take full responsibility, and if required, pay any fees that may have been incurred.
4.2.2 The client will have 30 days to respond to our Proposal. If the client has not responded after 30 days, we have the right to re-evaluate and re-issue a new proposal if required, at our discretion.
4.2.3 Each Proposal contains a deposit amount. Deposits are non-refundable.
4.2.4 Deposits are generally calculated at 50% of the total cost of the proposal.
4.2.5 We will commence work once we have received the deposit amount in full.
4.2.6 If the deposit of a proposal has been paid successful into our account, the client has implied that they agree to the proposal’s outline and requirements and these requirements will be fulfilled by us.
4.2.7 The client is in agreement and understanding that we will not 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, inability to operate or through virus/malware infection or security breaches of the delivered project.
4.2.8 If the deposit is not paid, section 4.4 may apply.

4.3 – Projects
4.3.1 We aim to deliver all requirements outlined in the Proposal. If we are unable to deliver due to external factors or unforeseen issues and/or expenses during our exploration and/or processing of your request, appropriate and fair adjustments will be made and checked with the client before proceeding.
4.3.2 Any additions, modifications and/or updates made outside the scope of requirements outlined in the project’s Proposal during production (for example, any unforeseen obstacles; additional changes requested by the client; etc.), may incur additional charges and will be amended to the project’s remaining balance.
4.3.3 In the event that we have completed and delivered work outlined in the proposal, and/or the client has not made any contact, including, but not limited to: provided any communication; provided feedback; provided content/photos etc; section 4.4 may apply.

4.4 – Request and/or Service Abandonment
4.4.1 We consider a request and/or service abandoned if we have not received any contact or communication from the client four weeks after we’ve sent our reply. We may or may not send a follow up after our initial email. This is an indication to us that the client does not agree to our Client Terms.
4.4.2 Once four weeks has been reached, all work on the request will stop immediately and work will be considered Terminated by the client. Section 4.4 may apply.
4.4.3 A reactivation fee may apply for us to actively restart your request.
4.4.4 Any services that we provide, third-party services, licenses etc. may be suspended as a result of this clause.

 

5 – Invoicing

5.1 All invoices issued must be paid with 14 days from the invoiced date. You will find the payment due date on your invoice.
5.2 Payments must be made into our bank account before the payment due date. Please ensure that you transfer a few days before the payment due day to avoid any late fee penalties.
5.3 Our banking details can be found on your invoice. Please use your invoice number as your transaction reference.
5.4 Any recurring invoices will be invoiced appropriately one month in advance. This is to ensure that if the client does not pay their invoice within the 14 day period, we have enough time to send you a follow up reminder, or otherwise cancel or suspend your service with us or our extended partners.
5.5 All invoices will be sent electronically to the client’s email address.
5.6 If payment is overdue, a late fee of 10% of the total invoice may be added to the invoice. At our discretion, a new invoice may be issued and sent to the client.
5.7 If the client’s invoice exceeds 7 days past the invoice due date, at our discretion section 4.4 may apply, until the invoice and late fee (if applied) has been paid in full. This may slow the delivery time of your request and/or cause disruptions to your active services. If there are any complications with payment, please contact us via email before your invoice due date.
5.8 Any ad-hoc work performed, may be charged at our hourly rate. Invoices for this work may be sent in the first week of every month.
5.9 Processing of paid invoices may occur in the first week of every month.
5.10 Work that charged at an hourly rate, is rounded up to the next 15min block. Work that is completed under 7mins won’t be charged.
5.11 All prices are quoted in Australian dollars (AUD) and are exclusive of GST.

 

6 – Service Terms

6.1 – Third-Party Providers
6.1.1 If there is an issue with a third-party provider, who we do not have a partnership or relationship with, at our discretion, we may charge an hourly support fee depending on the issue the client is experiencing.
6.1.2 If we are responsible for providing your business with any service, we may modify your contact details registered with your third-party service providers (where appropriate) and list our contact details as your “Technical Contact”. This ensures any technical requests are handled by us and you don’t need to worry about it.
6.1.3 If the client has availed a service with us and is active under an account that we manage (including, but not limited to: domains, hosting etc.), the operation and ‘up-time’ of these services are strictly in the hands of our third-party providers. We will work with our partners to restore or resolve any issues you may be experiencing.
6.1.4 For third-party providers we don’t have access to, the client may need to provide us with full access so that we can make changes/amendments.

6.2 – Domains
6.2.1 All third-party terms under section 5.1 may apply to this service type.

6.3 – Hosting
6.3.1 All third-party terms under section 5.1 may apply to this service type.

6.4 – SEO and Marketing
6.4.1 Section 6.1.4 applies to this service type. This includes, but not limited to, any social network or public business/brand profiles and/or accounts.It is our service provider terms to keep this information confidential.
6.4.2 Search rankings and online marketing are a violate landscape. The client understands and agrees that, while we try to apply the latest industry techniques and methods in your SEO and marketing efforts, we cannot guarantee insistent results. We will however do the best we can by making the right decisions based on the analysis collected data and statistics.
6.4.3 The client is aware that as a result of marketing and/or advertising your details on the internet you may receive junk mail, spam email or other unsolicited communication which is out of our control.
6.4.4 As part of our marketing efforts, we may share content on the internet, including, but not limited to: relevant groups on Facebook; online advertising (Facebook, Google Ads etc.); sharing via LinkedIn or other social networking platforms; link exchange with other relevant websites etc.

6.5 – Web Development
6.5.1 We retains rights to all source code and be allowed to use any part/aspect of your project or preliminary project elements for the purpose of future projects, publications and/or educational purposes.
6.5.2 For website updates, an invoice may be generated. This labour time covers, but not limited to: performing a full website backup; performing actual updates; testing and quality assurance after the updates.
6.5.3 We may need to take down your website temporarily while we make changes. This will cause your website to be inaccessible. This is necessary to avoid any conflicts with live data and to ensure any new data isn’t overwritten or lost during our changes.
6.5.4 If during our changes the majority of the site fails, the website will be restored from a backup. We will reassess and generate an invoice if necessary to resolve this issue.
6.5.5 Some bugs may be discovered a few days after our change. Depending on how complex the fix is and the root cause, an additional invoice may be generated to fix this issue.
6.5.6 We will not be responsible for resolving issues caused by third-party updates/modifications that was initiated by the client (ie if the client installs a plugin which causes the website to break). An invoice may be generated to investigate and/or resolve your conflict.

6.6 – Maintenance
6.6.1 We perform a range of server and client side maintenance to ensure that the services we provide are secure and stable. New flaws are discovered daily. If we have applied maintenance on your service, we assure that it is accurate and safe at the time of implementation.

6.7 – Content Writing
6.7.1 At our discretion, we may include a stock image as part of you content. The images we provide have been found and downloaded under our paid stock photo account. The client is free to change this image as needed, but assume full responsibility and reuse of the image they have replaced it with.
6.7.2 All content writing includes two free revisions per piece. At our discretion we may charge for additional revisions at our hourly rate.
6.7.3 We encourage the client to collaborate over the content we deliver by providing, but not limited to: any press releases; industry news updates; upcoming event details; or other relevant articles, so we can have a better understanding of the topic and the context of your perspective. It is your wisdom and/or opinions in your industry field that makes the content more authentic and valuable. If the client does not wish to collaborate or has little involvement in this process, we will write articles based on our assumptions of the topic. It is the client’s best interest to be involved so that there no conflict or revisions on the work we provide.
6.7.4 Section 6.4.4 may apply to this service.
6.7.5 We aim to supply you with a quality writing that is free of any errors, including, but not limited to: factual; spelling; and/or grammatical errors etc. However, the responsibility of the final proofreading lies with the client, and the client agrees to indemnify us against any loss or damage caused by inaccuracies that are published.

 

Last Updated: April 2019

Please refer to the following terminology used throughout our Terms and Conditions:

 

 

1 – Service Provider Terms

1.1 All information sent from the client to us will remain strictly confidential. No information is intentionally shared with any third-parties.
1.2 We aim to provide the quickest turnaround time for your request. However it is not uncommon for us to take a few days to reply. Please bare patient with us. You too will also receive the same attention and dedication to your request.
1.3 As our team travels frequently and works remotely, our preferred primary communication is by email. This also allows for a paper-trail of requests to be completed. In-person, phone or other communication methods are also available upon request and subject to availability.
1.4 If resources are limited, or if the client requires work to be delivered in a short period of time, the core of work may be outsourced. If this is the case, all work is thoroughly examined and cross-checked by us when it is completed by our outsourced team to ensure quality, accuracy of the work, and check that work meets your the request’s deliverables.
1.5 We aim to provide you the best solution with our knowledge at the time your request has started. However we offer no guarantee that the work we complete will be a success or cause other unforeseen issues, due to many external factors that may affect the work that we do. We will do our best to adjust and/or amended, but be aware that additional charges may be necessary to cover our time and resources.
1.6 These Terms and Conditions may change without notice.

 

2 – Client Terms

2.1 The client shall not expect an immediate response from us. If we have not responded to your request after 10 working business days, please send a friendly follow up email.
2.2 Any relevant or related information, including, but not limited to: documentation; diagrams or representations of preliminary design elements; concept or mock-up designs; resources or materials discussed; shared or provided to the client will, not to be disclosed to third-party to replicate. We want to work as a team with you, not compete with other service providers.
2.3 Good communication. The client agrees to communicate, cooperate and work with us to deliver your request. It is in the client’s best interest that the client agrees with this term. Failure to do so, or if the client is non-responsive, section 4.4 may take affect.
2.4 The client unconditionally guarantees that any elements of your request, including, but not limited to: text; graphics; photos; designs; trademarks; or other artwork, that are supplied by the client to us, is owned by the client, or that the client has permission from the rightful owner to use each of these elements. The client will hold harmless, protect, and defend us from any claim or suit arising from the use of such elements furnished by the client.

 

3 – Termination

3.1 We aim to be respectful, fair and do the right thing by all our clients, and we expect the same to us from our clients. If either party (us or the client) is not happy with the relationship or the output of work, either party will openly express this in writing via email. We can’t read each other’s minds. But we will work through any issues together and hopefully come out with a more than satisfactory resolution.
3.2 If either party (us or the client) wishes to terminate work with us, at least four weeks notice is required.
3.3 If the client wishes to terminate work with us, any unbilled work or incurred costs that exceed beyond the client’s deposit amount, will be charged at our current hourly rate and the client shall be liable to pay for this time, at our discretion.
3.4 If the client wishes to terminate work with us, we may support the migration process to your new provider within reason. Any excessive work, may be charged at our hourly rate.
3.5 If we wish to terminate work with the client, any payments from the client shall either by converted into labour hours, exchanged for third-party services, or refunded as cash, at our discretion. If unbilled work or incurred costs that exceed beyond the client’s remaining balance, will be charged at our current hourly rate and the client shall be liable to pay for this time, at our discretion.
3.6 If is the client’s responsibility to ensure that all credentials supplied to us are changed upon termination. This includes, but not limited to: hosting/website/email credentials, third-party passwords etc. We will not be held liable or responsible any technical or marketing effects that result as an effect of our termination.

 

4 – Project Work

4.1 – Proposal Review Fee
4.1.1 A fee may be imposed to to review your request that would require more than 3 hours work to assess. If required, is fee is to be paid in full before any assessment for your request can begin, and is at our discretion. This covers costs for assessment and shows commitment and confidence the client and us.
4.1.2 The Proposal Review Fee amount will vary depending on the project.
4.1.3 All pre-work including, but not limited to: analysing requirements; research and discovery; design and/or development of mock-ups; competitor analysis; administrative tasks; and supporting documentation; providing a estimate and/or proposal; are factors calculated into the Proposal Review Fee. This fee may increase depending on the number of revisions by either party (us or the client).
4.1.4 There may be imposed consequences if a Proposal Review Fee is not received in full. Section 4.4 may apply.
4.1.5 The Proposal Review Fee are a one-time charge per Proposal and may be invoiced before, or together with our Proposal.

4.2 – Proposals
4.2.1 If there are any questions, and/or misinterpreted of requirements outlined in the Proposal, the client must contact us immediately to rectify the agreement before agreeing to the Proposal. Failure to so may result in inaccurate results for your project. If this is the case, the client will take full responsibility, and if required, pay any fees that may have been incurred.
4.2.2 The client will have 30 days to respond to our Proposal. If the client has not responded after 30 days, we have the right to re-evaluate and re-issue a new proposal if required, at our discretion.
4.2.3 Each Proposal contains a deposit amount. Deposits are non-refundable.
4.2.4 Deposits are generally calculated at 50% of the total cost of the proposal.
4.2.5 We will commence work once we have received the deposit amount in full.
4.2.6 If the deposit of a proposal has been paid successful into our account, the client has implied that they agree to the proposal’s outline and requirements and these requirements will be fulfilled by us.
4.2.7 The client is in agreement and understanding that we will not 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, inability to operate or through virus/malware infection or security breaches of the delivered project.
4.2.8 If the deposit is not paid, section 4.4 may apply.

4.3 – Projects
4.3.1 We aim to deliver all requirements outlined in the Proposal. If we are unable to deliver due to external factors or unforeseen issues and/or expenses during our exploration and/or processing of your request, appropriate and fair adjustments will be made and checked with the client before proceeding.
4.3.2 Any additions, modifications and/or updates made outside the scope of requirements outlined in the project’s Proposal during production (for example, any unforeseen obstacles; additional changes requested by the client; etc.), may incur additional charges and will be amended to the project’s remaining balance.
4.3.3 In the event that we have completed and delivered work outlined in the proposal, and/or the client has not made any contact, including, but not limited to: provided any communication; provided feedback; provided content/photos etc; section 4.4 may apply.

4.4 – Request and/or Service Abandonment
4.4.1 We consider a request and/or service abandoned if we have not received any contact or communication from the client four weeks after we’ve sent our reply. We may or may not send a follow up after our initial email. This is an indication to us that the client does not agree to our Client Terms.
4.4.2 Once four weeks has been reached, all work on the request will stop immediately and work will be considered Terminated by the client. Section 4.4 may apply.
4.4.3 A reactivation fee may apply for us to actively restart your request.
4.4.4 Any services that we provide, third-party services, licenses etc. may be suspended as a result of this clause.

 

5 – Invoicing

5.1 All invoices issued must be paid with 14 days from the invoiced date. You will find the payment due date on your invoice.
5.2 Payments must be made into our bank account before the payment due date. Please ensure that you transfer a few days before the payment due day to avoid any late fee penalties.
5.3 Our banking details can be found on your invoice. Please use your invoice number as your transaction reference.
5.4 Any recurring invoices will be invoiced appropriately one month in advance. This is to ensure that if the client does not pay their invoice within the 14 day period, we have enough time to send you a follow up reminder, or otherwise cancel or suspend your service with us or our extended partners.
5.5 All invoices will be sent electronically to the client’s email address.
5.6 If payment is overdue, a late fee of 10% of the total invoice may be added to the invoice. At our discretion, a new invoice may be issued and sent to the client.
5.7 If the client’s invoice exceeds 7 days past the invoice due date, at our discretion section 4.4 may apply, until the invoice and late fee (if applied) has been paid in full. This may slow the delivery time of your request and/or cause disruptions to your active services. If there are any complications with payment, please contact us via email before your invoice due date.
5.8 Any ad-hoc work performed, may be charged at our hourly rate. Invoices for this work may be sent in the first week of every month.
5.9 Processing of paid invoices may occur in the first week of every month.
5.10 Work that charged at an hourly rate, is rounded up to the next 15min block. Work that is completed under 7mins won’t be charged.
5.11 All prices are quoted in Australian dollars (AUD) and are exclusive of GST.

 

6 – Service Terms

6.1 – Third-Party Providers
6.1.1 If there is an issue with a third-party provider, who we do not have a partnership or relationship with, at our discretion, we may charge an hourly support fee depending on the issue the client is experiencing.
6.1.2 If we are responsible for providing your business with any service, we may modify your contact details registered with your third-party service providers (where appropriate) and list our contact details as your “Technical Contact”. This ensures any technical requests are handled by us and you don’t need to worry about it.
6.1.3 If the client has availed a service with us and is active under an account that we manage (including, but not limited to: domains, hosting etc.), the operation and ‘up-time’ of these services are strictly in the hands of our third-party providers. We will work with our partners to restore or resolve any issues you may be experiencing.
6.1.4 For third-party providers we don’t have access to, the client may need to provide us with full access so that we can make changes/amendments.

6.2 – Domains
6.2.1 All third-party terms under section 5.1 may apply to this service type.

6.3 – Hosting
6.3.1 All third-party terms under section 5.1 may apply to this service type.

6.4 – SEO and Marketing
6.4.1 Section 6.1.4 applies to this service type. This includes, but not limited to, any social network or public business/brand profiles and/or accounts.It is our service provider terms to keep this information confidential.
6.4.2 Search rankings and online marketing are a violate landscape. The client understands and agrees that, while we try to apply the latest industry techniques and methods in your SEO and marketing efforts, we cannot guarantee insistent results. We will however do the best we can by making the right decisions based on the analysis collected data and statistics.
6.4.3 The client is aware that as a result of marketing and/or advertising your details on the internet you may receive junk mail, spam email or other unsolicited communication which is out of our control.
6.4.4 As part of our marketing efforts, we may share content on the internet, including, but not limited to: relevant groups on Facebook; online advertising (Facebook, Google Ads etc.); sharing via LinkedIn or other social networking platforms; link exchange with other relevant websites etc.

6.5 – Web Development
6.5.1 We retains rights to all source code and be allowed to use any part/aspect of your project or preliminary project elements for the purpose of future projects, publications and/or educational purposes.
6.5.2 For website updates, an invoice may be generated. This labour time covers, but not limited to: performing a full website backup; performing actual updates; testing and quality assurance after the updates.
6.5.3 We may need to take down your website temporarily while we make changes. This will cause your website to be inaccessible. This is necessary to avoid any conflicts with live data and to ensure any new data isn’t overwritten or lost during our changes.
6.5.4 If during our changes the majority of the site fails, the website will be restored from a backup. We will reassess and generate an invoice if necessary to resolve this issue.
6.5.5 Some bugs may be discovered a few days after our change. Depending on how complex the fix is and the root cause, an additional invoice may be generated to fix this issue.
6.5.6 We will not be responsible for resolving issues caused by third-party updates/modifications that was initiated by the client (ie if the client installs a plugin which causes the website to break). An invoice may be generated to investigate and/or resolve your conflict.

6.6 – Maintenance
6.6.1 We perform a range of server and client side maintenance to ensure that the services we provide are secure and stable. New flaws are discovered daily. If we have applied maintenance on your service, we assure that it is accurate and safe at the time of implementation.

6.7 – Content Writing
6.7.1 At our discretion, we may include a stock image as part of you content. The images we provide have been found and downloaded under our paid stock photo account. The client is free to change this image as needed, but assume full responsibility and reuse of the image they have replaced it with.
6.7.2 All content writing includes two free revisions per piece. At our discretion we may charge for additional revisions at our hourly rate.
6.7.3 We encourage the client to collaborate over the content we deliver by providing, but not limited to: any press releases; industry news updates; upcoming event details; or other relevant articles, so we can have a better understanding of the topic and the context of your perspective. It is your wisdom and/or opinions in your industry field that makes the content more authentic and valuable. If the client does not wish to collaborate or has little involvement in this process, we will write articles based on our assumptions of the topic. It is the client’s best interest to be involved so that there no conflict or revisions on the work we provide.
6.7.4 Section 6.4.4 may apply to this service.
6.7.5 We aim to supply you with a quality writing that is free of any errors, including, but not limited to: factual; spelling; and/or grammatical errors etc. However, the responsibility of the final proofreading lies with the client, and the client agrees to indemnify us against any loss or damage caused by inaccuracies that are published.

 

Last Updated: April 2019