SUMMARY

 

We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. What we do want is what’s best for both parties, now and in the future.

 

WHAT DO BOTH PARTIES AGREE TO DO?

 

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out in the ‘Payments’ section in this contract.

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.

 

TO COMMENCE A NEW WEBSITE DESIGN WE REQUIRE:

 

1) Your Logo in transparent (.png) format

2) Written Content (a website content template will be provided)

3) Photos and Images in suitable size and dimensions

4) Account information including Your Name, Email Address, Phone Number, and Payment Details for the monthly fee (either Credit Card or Direct Debit).

 

DESIGN

 

Your website will be based on your choice of one of five website templates. These templates are the basis, and the website design is complete when the website copy (including price lists), images, and logo have been replaced with your copy, images, and logo.

 

Our job is to personalise it to you and your business. The website template will be adjusted to present your images, text, information, branding, logo, and persona.

You’ll have many opportunities to review our work and provide feedback.

 

UPDATES

 

After your website template has been rebranded and it has been mutually agreed that the design phase is completed, then you may request updates to the website. Much like the initial design, example of updates include; Updating website copy (add/remove/change), Update new logo, Add/Remove new photos or images, changes to online forms, Adding/removing/updating products, and adding promotional banners.

Examples of requests for updates that are not accepted include; Structural changes to website, a new website, custom functionality or custom changes. You may request additional functionality, such as a request to add a shopping cart when there previously was no cart, in which cases we reserve the right to provide an estimate for completion of the request.

We offer a fully managed website and hosting solution, and as such administration access to all areas of the website is not granted to the customer to make their own.

We do provide access to limited areas of the website and this access is limited to managing your own blogs and price lists. Although there is no tailored or personal one-on-one based training provided for website updates, we do provide a written document detailing the process.

We’re not responsible for writing or inputting any text copy. If you’d like us to write new content or input text for you, we can provide a separate estimate for that.

We endeavour to make all changes in a timely manner, and you will receive an update on the status of your request within 24-48hrs. A fair use policy applies, in that excessive requests may result in the limitation of such requests. We are a fair company and will work with you to address times where we feel requests have become excessive.

 

PHOTOGRAPHS

 

You should your own photos for use on the website.  Photographs should be supplied in a high-resolution digital format.

If you do not have any photos, we will provide find suitable, free-to-use for commercial purposes, with no attribution required, stock images for use on your website. These free to use stock photos are supplied as part of the initial design and should some or all of these photos not be approved for use, you will need to supply alternatives in the dimensions required.

If we supply free stock images then you accept responsibility for any copyright or license conditions on these images.

 

COPYRIGHTS

 

You guarantee that all elements of text, images or other artwork you provide are either owned by your good selves or that you’ve written permission to use them.

 

PAYMENTS

 

Payment schedule:

Starter Website Package “Orbital”: $22.00 per month

Pro Website Package “Cosmic”: $35.00 per month

Additional Expenses

The Client agrees to reimburse ‘Rockstar Web Design’ for any critical Client requested expenses necessary for the completion of the project. Examples would be:

Purchase of specific fonts at the Client’s request,

Purchase of specific photography at the Client’s request.

Purchase of specific software at the Client’s request, providing we have approved its use on the website.

 

Payment:

 

The Client shall send payment to ‘Rockstar Web Design’ within 7 days of receiving an invoice.

The Client agrees that, by providing payment details, that ‘Rockstar Web Design’ is authorised to automatically deduct the full amount for any raised invoices at our discretion.

Over Charge Fees, Charge Back Fees, Dishonour Fees: We will on charge any bank fees that are a result of penalties caused by (but not limited to) Over Charges, Charge Backs, Dishonours.

Termination: Either party must give at least 14 days notice to the other party before termination. This contract may only be terminated after all outstanding invoices have been paid in full.

 

WEBSITE OWNERSHIP

 

Website ownership is from 12 months, subject to all fixed monthly installments being paid over the first 12 month continuous period.

A backup copy of website available only after 12 months continuous paid service on a non-discounted rate. In cases where a discounted rate has been applied to the ‘Payment schedule’ fixed monthly instalment, a backup copy of the website is available only after 24 months continuous service.

If you decide to cancel your subscription within the first 12 months and would like a backup of the website files and database, you will be required to pay the difference of the remainder of the first 12 months plus a  disconnection fee of $55.00.

 

REFUNDS AND CANCELLATIONS

 

If for some reason, you are not satisfied with our services, please apply for the cancellation within the first 15 days of your payment date.

We do not refund partial months on any recurring month-to-month services. If you paid for a month and cancel the service before the month has begun, we will refund for the month.

 

LEGAL STUFF

 

We can’t guarantee that our work will 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, even if you’ve advised us of them. If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

 

Warranties and Liability

 

The Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or Rockstar Web Design.

Abusive and unethical materials and uses include, but are not limited to: pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, illegal activity, spamming, advocacy of illegal activity, and any infringement of privacy.

The Client hereby agrees to indemnify and hold harmless Rockstar Web Design from any claim resulting from the Client’s publication of material or use of those materials.

It is also understood that Rockstar Web Design will not publish information over the Internet which may be used by another party to harm another. Rockstar Web Design will also not develop a pornography or warez project for the Client. The Rockstar Web Design Company reserves the right to determine what is and is not pornography.

Rockstar Web Design does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and / or error-free. Rockstar Web Design will not be held responsible for occasional downtime of email or project due to line interruptions and/or other instances beyond Rockstar Web Design.

 

Indemnification

 

The Client agrees that it shall defend, indemnify, save and hold Rockstar Web Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with Rockstar Web Design development of the Client’s project. This includes liabilities asserted against Rockstar Web Design, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns.

The Client also agrees to defend, indemnify and hold harmless Rockstar Web Design against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s project. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.

 

Changes to Terms and Conditions

 

If we decide to change our Terms and Conditions, we will update our Terms and Conditions found on our website: https://martianmedia.com.au/terms-and-conditions/. We reserve the right to modify our Terms and Conditions at any time, so please review it frequently.

It is the responsibility of the customer to seek and ensure that the customer always possesses the latest and most up to date terms and conditions.

 

THIRD PARTY SOFTWARE/INTEGRATIONS

 

The client may request integration between the website and third party software. Rockstar Web Design will review the request and if approved in writing by Rockstar Web Design:

You acknowledge that Rockstar Web Design is not responsible or liable for any problems arising from the installation or use of the third party software or integration;

If the third parties provide data or other information for use with the software, Rockstar Web Design  have no control over the accuracy or completeness of that information;

You accept and must comply with the terms and conditions of those third parties relating to their software;

Those third parties may invoice you directly for ongoing costs relating to your use of their software;

Rockstar Web Design is not liable for any acts or omissions of third party software or integrations with third-party software;

Furthermore, the client may be liable for charges or fees incurred by Rockstar Web Design for the repair of any product or service affected by the use of third party software or an integration with third party software.

 

SECURITY

 

Although Rockstar Web Design makes every effort to provide secure Finished Product(s), due to the nature of rapidly advancing technology, Rockstar Web Design can in no way guarantee that the Finished Product(s) will not be subject security breaches.

 

DELAYS

 

Rockstar Web Design Delays: Designer shall use all reasonable efforts to meet the Work Plan and Milestones delivery schedule. The Designer may extend the due date for any Deliverable by giving written notice to Client.

Client Delays: Client shall use all reasonable efforts to provide needed information, materials, and approvals. Any delay by Client will result in a day-for-day extension of the due date for all Deliverables.

General Delays: Any delay caused be conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, internet disconnections, fire, flood, or Force majeure.

 

BUSINESS INFORMATION

‘Rockstar Web Design’ is a trading name of ‘The Martian Media Company Pty Ltd’ ABN: 11 603 700 483.

HOURS OF OPERATION

Business hours are 9am – 5pm Monday-Friday. Excluding Public Holidays.