Terms of Service
Service Agreements
The Terms and Conditions of Service Agreements between the Client and Digital Marketing Hub Australia are set out below and are used in conjunction with the Client Quotation, as provided by Digital Marketing Hub Australia.
Service Agreements (“Agreement”) are made between the Client and Digital Marketing Hub Australia (DMH) on the date of written acceptance of the Quotations by the Client.
This service agreement is in place so you know what to expect during your time working with Digital Marketing Hub Australia.
In short
You are hiring us, Digital Marketing Hub Australia, to carry out works as outlined in your quote.
What Do Both Parties Agree to Do?
As our valued customer, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with everything that we’ll need to complete the project – including text, images and other information – as and when we need it and in the format we ask for. You agree to review our work, provide feedback and approval in a timely manner too. Deadlines work two ways and you’ll also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this agreement.
Design
DMH will implement designs for the aesthetics, layout and functionality of your website. This agreement includes one main design plus the opportunity for you to make up to two rounds of revisions. Responses to our work sent for review must be returned to us within two (2) working days. After that, we will close out that page and move on with the remainder of our build. If you’re not happy with the designs at any stage, you will pay us in full for all of the work that we have produced until that point, and you may either cancel this contract or continue to commission us to make further design revisions at our standard rates.
In the event that you have not provided feedback/edit requests for a finished site, that’s fine, we’ll go ahead and invoice you anyway. Be mindful that you may be charged extra to replace filler content at a later date.
If we are building a templated design, you will need to provide both copy and images to suit the available container sizes. Font styles will remain as per the template, however we will change colours to suit your style. We are happy to make out of scope changes, however you will be charged additional fees for the extra work involved.
Custom HTML and CSS
If the project involves custom coding, we’ll develop these using valid HTML and CSS code and test all our markup and CSS in current versions of all major desktop browsers. We are not responsible for design representations within outdated browsers.
Text Content
We are not responsible for writing or inputting any text copy unless we specified it in the original quote. We’ll be happy to help though, and in addition to the estimate we will charge you at our standard rate. Your text needs to be submitted either via our shared online document or in Microsoft Word. You will need to indicate which page or section the text is specific to. Be mindful that some text lengths may not be suitable for your page design, in that instance we will endeavour to edit the copy length for improved aesthetics.
Unless otherwise stated, your proposal allows for up to 500 words of content per page, provided by you.
Once submitted, your text is final, with any subsequent required or requested alterations being charged at our current hourly rate.
Images
Please provide images with the appropriate resolution and file size for web images. Unless discussed in the scope of your project, be sure to provide images that are already edited to your liking. You are required to indicate which page/section the images are related to. If image quality is unsuitable or images have not been provided, we can use stock images at an additional cost of $20 per image. Out of scope editing of images and icons will be charged at our current hourly rate.
Unless otherwise stated, your proposal allows for up to 5 images per page, provided by you.
3rd Party Additions
We’ll add 3rd party additions such as premium plugins and iframe embedded code if specifically stated in our quotation. Be aware that it is not uncommon for additional work, problem solving, coding to be required. In those instances, you will be charged for additional hours worked should you wish to proceed.
Changes and Revisions
The quotation prices are based on the amount of work we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates, or even add new functionality, that won’t be a problem. However, you will be charged at our current hourly rate and these additional costs will need to be agreed to before the extra work commences. This additional work will effect deadlines and they may be moved accordingly.
Work Outside of Agreed Proposal
Unless otherwise agreed to, any work performed outside the agreed proposal will be charged at our current hourly rate of $130 incl gst.
Completion of Project
Upon completion of your project, you will be notified by email. Please ensure you have conducted a final inspection of work completed by us and notify us within 2 working days if there are any issues. From that point, any work will be charged at our current hourly rate as determined by the scope of work requested.
Technical Support
If you don’t manage your own website hosting, or your current hosting environment does not support the solution we are providing, we can either look after your hosting, updates, performance and security for you, or set up your own self-managed account with our preferred hosting provider.
We provide 4 weeks of complimentary website hosting for all sites we build, however if you choose to have your website hosted with another provider, you can simply arrange for your provider to move your site to their hosting platform.
Legal stuff
We can’t guarantee that the functions contained in any web page will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities 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.
This agreement is a legal document under exclusive jurisdiction of the courts of Queensland, Australia.
Copyrights
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by you, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the code, graphics and other visual elements that we create for you for this project.
Your images and text content will be stored on your WordPress CMS, we are not required to keep your files once we have handed your project over.
We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about your website on any media platform.
We also reserve the right to cancel our agreement at any time if we deem it to be unsustainable.
Conflict of Interest
If you engage on an ongoing search engine optimisation (SEO) plan with us, we will not provide the same SEO service for a direct competitor in your region. This guarantee does not include state or national coverage as is common for online services, and is specific to bricks and mortar type business operations.
Payments – This one’s IMPORTANT
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As such, you agree to the following payment schedule:
Website Builds and Rebuilds
• 50% deposit upon acceptance of your proposal
• 50% balance prior to the website being launched in a live environment
* Not applicable to business packages or single page websites (landing pages).
Ongoing SEO Plans
Initial payment due prior to commencement or as otherwise agreed.
All Other Projects
Full payment prior to commencement of project, or as otherwise required as per invoice.
*PAYMENT PLANS ARE AVAILABLE. Please contact us for further information.
NB: If you are unable to supply all of the right content at this stage, it does not mean we have not done our job. Once the site has been tested and is ready to go live, either with your content or placeholder images and dummy text, we will issue the final invoice. Once the final invoice is paid, we will hand over your project and show you how to put your own content in once it’s ready. If the final invoice is not paid within the terms of the invoice we have given you, we are under no obligation to keep the site on our testing server or continue with the project in anyway.
Handover Training
Handover training of up to one hour will be provided the following criteria have been met:
- it is included in your quote
- you have requested handover training no later than two weeks prior to project completion
- final payment has been received
Hosting
Hosting is available for existing clients only. We will put you in touch with our preferred website host, EdHosting, who specialises in high quality, affordable WordPress hosting. For existing clients, our hosting plan covers WordPress and PHP version updates, we do not include theme and plugin updates on our standard plan. Please contact us if you require theme and plugin updates. Cancelation of hosting services requires three (3) month’s written notice. * Please note that we do not host or manage email accounts.
And Finally
Authorising this project requires an email response from you confirming that you have accepted the proposal and service agreement and would like to move forward with your project.
If you are unclear on any of the above conditions, please contact us at hello@digitalmarketinghub.com.au