Terms and Conditions
As our Client 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 need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together.
Payment is Acceptance of This Quotation. Our Agreement becomes effective when payment is received in full (or deposit if relevant) regardless of the place of signing the Agreement, the client agrees that for purposes of Agreement, this contract was entered into in New South Wales and any dispute will be litigated or arbitrated inNew South Wale Australia.
Legal Rights. The Client assures Content Maximiser Pty Ltd they have legal permission from the rightful owner to use any images or design elements that are provided by the client for inclusion on their website, and will hold harmless, protect, and defend Content Maximiser Pty Ltd and their staff from any claim or suit arising from the use of such elements or images.
Right of Use. Content Maximiser Pty Ltd retains the right to display graphics and other web content elements as examples of their work in their portfolio and as content features in other projects. We also retain the right to place a text link on the footer of the website and it should not be removed without first asking us. Removal without our agreement may adversely affect any future support of your website.
Scope Creep. Scope Creep is common in design and development projects like website design, general graphic work and online marketing. It is common when a Client does not know exactly what they want, and their requests evolve over time. Scope Creep slows down a project and often puts the Content Maximiser Pty Ltd staff under an added pressure of adapting what you paid for, and the new work you want done, within unrealistic timeframes, budgets and recognition of how complex design work of this nature can be. Clients need to be aware that any of Content Maximiser Pty Ltd staff agree to do extra work (not set out in the original Agreement) that does not mean that they will not later charge for it retrospectively and it will become part of the overall package pricing, ergo if any unpaid invoices (including for scope creep work) is not paid at the end of the project, Content Maximiser Pty Ltd may withhold handover of the project until it is paid in full and any late fees that were applied to the invoice. Equally, Content Maximiser Pty Ltd may discontinue work until unpaid Scope Creep invoices are paid as well at Content Maximiser Pty Ltd’s discretion.
Deadline changes are possible if the client provides Content Maximiser Pty Ltd with adequate notice of a late due date and it is given in writing with at least 3 days notice (eg. sometimes people have last minute work commitments).
Delivery of Website in timely manner. Often business owners and staff are busy and have to schedule in the appropriate time to do website edits / reviews in order for a website to be ready to go live. However, sometimes businesses take longer and this can put the Content Maximiser Pty Ltd hosting servers under stress as it may have an unusually high amount of websites waiting for sign-off on, before they can go live. Please note that Content Maximiser Pty Ltd will host your website LIVE on their servers (not your domain name) until you are happy with the website to go live. Content Maximiser Pty Ltd have always prioritised the completion of their clients’ websites and ensured completion is done within a timely fashion (normally 30 days, unless stated otherwise) so clients can receive their fully functioning and working website within a month from order. Content Maximiser Pty Ltd require the same timely fashion to be adhered to by their clients, and now impose a 6 month cut off from the date of ordering the website, where the website, if completed, must be taken by the client (unless an alternative written agreement is made between the client and Content Maximiser Pty Ltd). If after the 6mth anniversary the client has not taken delivery of their website, and it has lay dormant (ie. Not edited / reviewed by the client as required by Content Maximiser Pty Ltd to enable final sign-off) then Content Maximiser Pty Ltd have the right to “ZIP” the Website into a file and email it to the client, and they can later have the same website put on their hosting of choice and it will function again to the standard it did prior to it being Zipped. It will not be Content Maximiser Pty Ltd’s responsibility to reinstate the website at a later date. The client accepts at this time all moneys still outstanding are still due and payable as the work from Content Maximiser Pty Ltd’s position have been completed under the agreement.
Late Fees May Apply. Due to the cost of securing coding specialists & graphic designer to complete tasks, all work submitted after deadlines may incur a fee of $200 per day unless agreed otherwise but this is only applied with a client who repeatedly delays completion of their project.
Late Payment. In the case you have been invoiced for a payment for Content Maximiser Pty Ltd to continue work, that invoice is due within 7 days of issue unless another date is clearly stated as the “due by” date and that is then the real due date. Late payment of any invoices may incur a late fee of $200 per day if Content Maximiser Pty Ltd decides this is necessary due to the subsequent penalty fees Content Maximiser Pty Ltd incur as a result of the client not paying on time and thereby slowing down a scheduled project. In the event you are intending to be late with a payment we recommend you contact the Content Maximiser Pty Ltd staff asap to make a suitable arrangement to avoid any late fees.
Client and Content Maximiser Pty Ltd enter into this Agreement at will. Either party may cancel at any time for any reason with express written notice (including electronic mail) to the other party. Any invoiced work not yet paid for must also be promptly paid within 10 business days and no refunds will be made due to the creative and labour intensive nature of this work.
Settlement of Disputes. Any dispute arising between the parties as to the construction or interpretation of the Agreement shall be referred to an independent adviser agreed upon between the parties for a declaration of meaning. Where this does not resolve the dispute, the matter shall be referred to the services of a professional mediator to mediate the dispute. Formal legal proceedings shall only be instituted as a last resort.
Changes to these Terms. Please view our website Terms & Conditions page on our website here > https://contentmaximiser.com/terms-and-conditions/ any time, to view changes to these terms and conditions, which we may make, at our discretion, anytime in the future.
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