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.
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.
If we are designing your site, we’ll create 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. If you’re not happy with the designs at this 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.
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.
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 copywriting or content input rate.
Please provide images at as high a quality as possible. Unless discussed in the scope of your project, be sure to provide images that are already edited to your liking.
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 affect deadlines and they will 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 $110 incl gst.
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.
If you choose to have your website hosted with another provider, you will be charged a transfer fee of one hour’s work at our current hourly rate.
We can’t guarantee that the functions contained in any web page templates or in a completed website 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.
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 or Shopify platform, 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 the project on any media platform.
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
• 30% instalment once functionality and design has been agreed upon
• 20% balance once the application has been tested and everyone agrees it is ready to go live.
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.
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.