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. 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.
You are hiring MAKE A WEB for a service at a hourly or monthly subscription cost. You agree for us to subcontract any services as we see fit.
All our website plans are offered on a pay monthly subscription. We created this pricing model to remove large upfront costs for businesses wanting a website. You can view all our plans and see which one best suits your businesses needs. Any extra features can be included/discussed in the monthly plans or invoiced separately at our hourly rate for the development of the extra feature.
2.1.1 How to cancel a plan?
You can cancel with no fee after 36 months on the pay monthly subscription. If you wish to cancel before that you have to pay the remaining monthly invoices. After any cancellation we will delete all the files and data. If you'd like a copy of any files or data you must let us know during the cancellation period.
2.1.2 Cooling off periodA 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.
You agree that you are responsible for complying with all relevant laws relating to a website with a 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 commerce. You agree that MAKE A WEB can terminate this agreement and shutdown the website if it is selling unethical products.
2.1.4 Editing content
You agree that MAKE A WEB are not held responsible for any changes you might make to 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 plugins to improve functionality on your website. These include but are not limited to contact forms, booking systems and shopping carts. These are third-party apps developed by other companies. You agree that MAKE A WEB cannot be held responsible for any loss of service or malfunction that may occur in relation to these third part plugins.
We will automatically take a backup of the database for your website once a month. You agree that you are responsible for organising database backups that are more regular. Please let us know if this is a feature you'd like provided. Any time spent to organise automatic backups or restoring a website will be charged at our hourly rate. You agree that MAKE A WEB are not liable for any downtime you may experience.
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.
On a monthly subscription plan if you have paid our latest invoice in full we grant to you a license. You can use the website and its related software and contents for the life of the monthly subscription.
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 allow MAKE A WEB to publicise their completed work unless an NDA or written agreement has been signed.
You agree to supply us photographs in 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 purchasing stock photography will be back charged and the time organising will be at our hourly rate.
2.1.11 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.
2.1.12 If our service stops
MAKE A WEB retain the right to take down the website and any services they host and pay for you to use. We will cancel any client costs if this is the case. The client will be notified of any service changes.
2.1.13 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. The above is included in all our website plans. We do this because it is best practice to do so. This will 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 to improve your SEO ranking.
2.1.14 Hosting and domain namesOur website plans include hosting and a secure domain name. We also provide the domain name on the HTTPS protocol by issuing a SSL certificate against your domain name. We will purchase the domain name of your choosing upon request. This will be charged back to you yearly as we have to renew the purchase of the domain name with the domain name provider every year. You can get an idea on how much domain names cost by going on websites like GoDaddy. 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 your website. 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. 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 need to upgrade your hosting. A separate cost will be charged back to you yearly for the extra service. MAKE A WEB will make this clear with the customer before going ahead with such an upgrade. MAKE A WEB will not be accountable for occasional downtime. MAKE A WEB excludes liability for any loss of profit caused by the customer for example late payment for any 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 the files you need to get your website up and running on a different web host. Website design process to implement your website. The website can take 6-8 weeks to finish. Although we can work to tighter deadlines if specified with the client. 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.
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.
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 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. You agree to watch the video's MAKE A WEB provide to train you to use the Content Management System.
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.
You agree to make payments for any services on time and the exact amount specified by MAKE A WEB. An invoice will be sent to organise payments.
4.1.1 Monthly plans
If you go with a monthly plan you agree to set up a monthly direct debit to pay for the Website development plan of your 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% upon completion.
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. If you select MAKE A WEB to handle support you agree to set up a monthly direct debit to pay for the services the support plan offers. 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 21th business day after the due date as stated on the invoice. This also applies for direct debits if no payment by the due date.
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.
5.2 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 firstname.lastname@example.org