1. Summary

In short, you are engaging MAKE A WEB as an independent contractor. In this agreement you won’t find complicated legal terms or unreadable text. We have no desire to trick you and want what is best to ensure that both parties are protected now and in the future.

You authorise MAKE A WEB to fulfil any work established in communication and to publicise their completed work. You have the power and ability to enter into this agreement on behalf of your company. The authorisation in this agreement forms the legal bond between MAKE A WEB and your business.

2. Services

You are hiring MAKE A WEB for a service at a fixed, monthly or hourly cost. You agree for us to subcontract any services as we see fit.

2.1 Website development

The pay monthly plan is here to help small businesses get started. Instead of paying a larger fixed cost for the website design and development you pay monthly for the duration of your website. The website development plans include all of the specified points in the pricing tables. Any other features can be included in the monthly plans cost and/or invoiced separately at our hourly rate.

2.1.1 How to cancel a service?

You can cancel with no fee after 24 months on the monthly cost plan. If you wish to cancel during development of a monthly cost plan you will have to pay the 24 months remaining. After any cancellation we will delete all the files and data. If you'd like a copy of any files or data you must write to us before cancellation of the service.

2.1.2 Cooling off period
A cooling off period applies to this agreement. If you change your mind after agreeing to it. You can terminate by withdrawing your acceptance within 5 business days. If you do withdraw your acceptance within this period, MAKE A WEB will not charge you. This must be provided in writing.
2.1.3 Online store

You agree that you are responsible for complying with all relevant laws relating to a website with an Online store. You agree to hold harmless, protect, and defend MAKE A WEB from any claim, suit, penalty, tax, or tariff, which may arise from your exercise of e-commerce. You agree that MAKE A WEB can terminate this agreement and shutdown the Online store if it is selling unethical products.

2.1.4 Editing content in WordPress

You agree that MAKE A WEB are not held responsible for any changes that you make on your website. You agree that if you make a change that breaks the website MAKE A WEB will charge you at an hourly rate to fix the problem.

2.1.5 Third party plugins

During the development of the website we may include WordPress plugins to improve functionality on your website. These include but are not limited to contact forms, image slideshows, videos and maps. These are third-party apps hosted by other companies. You agree that MAKE A WEB cannot be held responsible for any loss of service or malfunction that may occur.

2.1.6 Backups

You agree that you are responsible for organising database backups in respect to your website. Please write to us if this is a service you'd like provided. Any time spent to organise automatic backups will be charged at our hourly rate. You agree that MAKE A WEB are not liable for restoring any data or websites.

2.1.7 We make updates for you

This feature allows MAKE A WEB to make 1 hour of updates a month for you. If changes take more than 1 hour the additional time will be charged at our hourly rate and invoiced. This includes updates to text, files and images. You can choose to have this feature added to any of our monthly plans for an additional $32.50. This is 50% cheaper than our hourly rate. You agree to provide any content edits via email in a professional document format with spelling and grammer checked. You agree and understand that this does not include adding completely new pages or changing the design or structure of the website. You agree and understand that any changes out of this scope will be separately charged at our hourly rate.

This feature is only included in the basic monthly plan. Please email us at info@makeaweb.com.au to add this feature to your plan.

2.1.8 Functionality

You agree and understand that the functions contained on your website will not always be error-free. You agree to not hold MAKE A WEB liable for damages, lost profits or other special situations. Any problems with functionality should be raised with MAKE A WEB in written format. We can then help fix any issues which will be charged at our hourly rate.

2.1.9 Licensing

Once you have paid us in full for our work we grant to you a license. You can use the website and its related software and contents for the life of the website.

2.1.10 Copyrights

You agree and understand that any content you provide is your own. This includes text, graphics, photos, designs and any material included on the website. MAKE A WEB will not hold onto any files upon termination of this agreement. You may request the files that relate to your project whilst the services are still intact. You own the text, photographs and other data unless someone else owns them. MAKE A WEB own the code and we license it to you for use only on this project. You agree to let MAKE A WEB display a link to your completed project on our Projects page.

2.1.11 Photographs

You agree to supply us photographs that are of high quality digital format if so required. To create visual impact on a website photos must be of high quality. If we choose to buy stock photographs we can suggest vendors of stock photography. Any time spent organising photographs will be at the cost of our hourly rate.

2.1.12 Project delays

Any time frames or estimates that we give are contingent upon your full cooperation. During development there is a certain amount of feedback required to progress. You agree to have a single point of contact with MAKE A WEB from your end. This way our communication reduces any underlying risk. You agree to have daily online communication with MAKE A WEB.

2.1.13 If our service stops

MAKE A WEB retain the right to take down the website and any services they host and pay for. We will cancel any client costs if this is the case. MAKE A WEB will keep a record of the website and database for the client for 6 months before deletion. The client will be notified of any service changes.

2.2 Design

All of our Design plans are priced at an hourly rate. The Design plans include all of the specified points in the pricing tables.

2.3 Marketing

All of our Marketing plans are priced at an hourly rate. The Marketing plans include all of the specified points in the pricing tables.

2.3.1 Search engine optimisation (SEO)

MAKE A WEB will optimise your website with meta titles and descriptions. We will thereafter submit the project to Google’s search engine using Google search console. The steps outlined above are included in the Website development plans. It is seen as best practice to help with ranking your website on Google. You agree and understand that this doesn't mean that you will be ranked on the first page of Google. MAKE A WEB can help provide more SEO consulting which will be at the cost of our hourly rate if you want improvement to your SEO position.

2.4 Support

The cost of support is an additional $49 monthly cost.

The support plan includes all of the specified points in the support tables. Our preferred third party hosting provider is GoDaddy, who provide 24/7 support. If a service goes down GoDaddy customer support will assist. Please notify us if something is wrong with a service. However you can always ring GoDaddy for free yourself and ask why a certain service is not working. If anything needs to be updated with the account the task will need to be carried out by MAKE A WEB. Any time spent will be charged at our hourly rate for support. We will charge you a monthly direct debit to keep any services renewing. So that your website, email, domain and SSL certificate always work. MAKE A WEB are not a website hosting company, although we provide support for these services. Depending on site traffic we may need to scale your hosting plan. If we do upgrade your hosting plan the cost of support will increase. MAKE A WEB will make this clear with the customer before hand. MAKE A WEB will not be accountable for occasional downtime. MAKE A WEB may need you to update the direct debit if GoDaddy pricing changes for the services. The monthly direct debit begins once your site is live on your domain. The direct debit can begin earlier if the order was already placed in advance. If you do not make your payments on time the support services will expire and your service will no longer be avaliable. MAKE A WEB excludes liability for any loss of profit caused by the customer for example late payment for any support services. This includes a technical fault or any other fault caused by GoDaddy or third party. Should you choose to host your website on your own it is your responsibility. We will provide any files needed for your website to run on a different web hosting provider.

3. Website design process

We will follow our Website design process to implement your website. The website can take 6-8 weeks to finish. You agree to fill out our Website questionnaire to help start this process.
3.1 Goal identification and Scope definition

You agree to help identify and define the goals of your projects. Any new requirements that are out of scope from the intial process will be taken on a separate analysis. Any new feature request will be analysed separately. A quote will be sent to you for the amount of time it will take. Once accepted we will carry out the work at our hourly rate and invoice you separately. The success of the project relies on timely and good communication. We would like to ensure that all correspondence are professional and accurate to reduce any risk.

3.2 Wireframing

You agree to help in identifying your websites structure. During the wireframing process we will create a sitemap which outlines a websites information architecture. We will use this information to form your websites navigation.

3.3 Content creation

You agree to provide us with a document of content for all the pages on your website. MAKE A WEB may make changes to the content provided by you. The changes will included optimisations to engage certain keywords. This will help boost your businesses search ranking on Google. We are not responsible for inputting any text, unless it is included in the plan. If so MAKE A WEB can make content updates for your website. You agree to provide us these content updates in a well formated document. You agree that any content provided will be grammar and spell checked. MAKE A WEB are not held responsible for any incorrect content provided to us.

3.4 Website development and testing

This agreement entitles the customer to one Website developed. If you are not happy with the Website by this stage in the process you can terminate the agreement. If you do not want to terminate at this point we can carry on working untill you are happy. You agree to pay us in full for the work that we have produced before terminating. This will be charged at our hourly rate for any work that has been produced up to that point. You agree and understand that the website will work in all modern devices and browsers. You understand MAKE A WEB will not test these templates in old or abandoned browsers. For example Microsoft Internet Explorer 7, 8, 9 and 10 for Windows and Mac. Previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified.

3.5 Launch

A key thing to remember about the launch stage is that it is nowhere near the end of the job. The beauty of the web is that it is never finished. Once the site goes live, you can run user testing on content and features. Track analytics, and refine your messaging. Any work that is not specified in the scope of the project will be analysed as a separate task. A quote will be sent for extra work and once accepted charged at our hourly rate.

3.5.1 Approval of work

On completion of the work you will get notified and have the opportunity to review it. You agree to notify us in writing of any unsatisfactory points within 5 business days. Otherwise we will continue. The project will be deemed as complete and the website will be launched.

3.5.2 Rejected work

If you reject any work within the 5 business days you agree to write to us. Each rejection of work will be analysed against the specification. If a rejection of work wasn't within the scope of the project (3.1), MAKE A WEB elect to treat this agreement at an end. You agree to pay the invoice for the completed work. Any problems can be resolved at our hourly rate if they were not specified in the Goal identification and Scope definition stage.

3.6 Training and consulting

You agree to watch the video's MAKE A WEB provide to train you to use the Content Management System. This includes the website development plans of Blog and Online store. You agree for us to use WordPress as our chosen Content Management System. You agree that we can provide instructions via email, related articles and even videos for training and consulting. With any plan we provide 3 hours of intial Training and consulting. Once the 3 hours has been reached we can provide more Training and consulting at our hourly rate.

3.7 Marketing and advertising

Part of the process is always keeping my customers up to date. By accepting the Terms and conditions you are signing up to our monthly newsletter. Our monthly newsletter helps customers understand certain topics surrounding Website development, Design, Marketing and Support. You can unsubscribe at anytime from a link at the bottom of one of our newsletter emails.

4. Payments

You agree to make payments for any services on time and the exact amount specified by MAKE A WEB. An email will be sent to organise payments.

4.1.1 Monthly plans

You agree to set up a monthly direct debit to pay for the Website development plan of choice. You understand that the fee of the direct debit may change over time. You agree to update the fee of any direct debit as requested by MAKE A WEB.

4.1.2 Fixed cost plans

You agree to pay an intial 50% deposit before any work commences. The intial 50% deposit is non-refundable. You agree to pay the final 50% before the launch of the website.

4.1.3 Hourly charged work

For any work that is charged at an hourly rate, you will receive an invoice for the work. You agree to pay the fee for the work by the due date on the invoice.

4.1.4 Direct debit for support

You agree and understand that support is an additional monthly cost. You agree to set up a monthly direct debit to pay for the support plan. You understand that the fee of this direct debit may change based on the changes of price from our third party provider. You agree to update the fee for the direct debit as requested by MAKE A WEB.

4.1.5 Additional expenses

You agree to reimburse MAKE A WEB for any critical client requested expenses. For example the purchase of fonts, photography or software.

4.1.6 Late payments

You agree to pay on time to avoid any late payment interests. You agree to pay the full amount in Australian dollars (AUD) to the account specified by MAKE A WEB. MAKE A WEB reserves the right to remove the project from viewing on the internet until final payment is made or if a late payment has occurred. If a payment delay is anticipated, please contact MAKE A WEB immediately for an alternative arrangement.

Interest accrued if payment is more than 30 days late is 5% of the outstanding amount. 5% of the total cost due will be added every 5th business day. The first 5% added on the 31st day after the due date as stated on the invoice. This also applies for direct debits if no payment is received after 30 days the same rules apply.

5. Legal

You agree that the service requested cannot be transferred to anyone without our permission. If for some reason one part of this agreement becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this agreement is a legal document under exclusive jurisdiction of Australian courts. You accept the Terms and conditions of this agreement on behalf of your organisation or business. This agreement constitutes the entire understanding of both parties. Any changes or modification thereto must be in writing and agreed in writing by both parties. You agree and understand this agreement and its terms.

5.1 Privacy policy and Terms and conditions

MAKE A WEB adhere to best practice with the data we collect and use. Our Privacy policy explains what happens with any personal data that our website captures. You agree and understand our Privacy policy. You agree and understand that your own website may need a Privacy policy and Terms and conditions. You agree to not hold MAKE A WEB accountable for any breaches in regards to this. If your website collects information about your customers or tracks site hits then you may need to disclose this in the same fashion on your own website. You agree and understand that it is your responsibility to organise a Privacy policy and Terms and conditions for your website. MAKE A WEB can provide writing services at our hourly rate and prepare these pages for you. Seeking legal advice is recommended to make sure any Privacy policy and Terms and conditions cover your business.

5.2 Liability, Indemnification and Litigation

You agree that any material on the website will not be abusive or unethical. MAKE A WEB has the right to remove any website, articles or items that are unethical or abusive. You agree to not use the server of which the website lives on as a file storage facility for large amounts of files. You agree to defend, indemnify, save and hold MAKE A WEB harmless from any and all demands. Including liabilities, losses, costs and claims and legal representation fees. This includes liabilities asserted against MAKE A WEB's subcontractors, clients or employees. You agree that any disputes arising from this agreement have litigation laws heard in Melbourne, Victoria. This agreement governed and construed under the laws of the Australian Government.

6. Updates to the Terms and conditions

MAKE A WEB reserve the right to amend the Terms and Conditions at any time.

7. How to contact us?

If you have any questions about our Terms and Conditions please contact us via email at info@makeaweb.com.au