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Terms & Conditions

7

Estimates/Quotes:

Our estimates/quotes are based on our understanding of your requirements and given timeframe. Any changes to the functionality may incur additional costs. Micro-improvements will be considered for additional costs as well. Please ensure that our understanding is clear by arranging a face to face meeting before accepting the quote. Acceptance of a quote can be done verbally, via email, by payment of Initiation or by signing a quote.

Complexity and Requirements:

If there are any complexities related to specific tasks, we require advance notice so that we can include them in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancies arising due to unclear requirements will not be borne by Webtimiser.

Project Completion:

Webtimiser will make every effort to complete the project/changes within the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified. Any delays at the client’s end may delay the project and proposed timeframes and may incur additional costs. Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges. Modifications requested during development or after Go-Live approval will also incur additional charges. All additional work, over and above the estimates, is charged separately. Under no circumstances will Webtimiser be liable for any delays caused by a change in the project brief.

Content and Hosting:

Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond a reasonable timeframe. If your website/application is not hosted on a Webtimiser server, any additional man-hours required due to any server or network-related issues are not covered in our quotes and may be charged separately.

Digital Marketing/Strategy Packages:

All digital marketing/strategy packages are for a minimum of 6 months period. Thereafter, you may cancel anytime with a clear one-month email notice. They are billed monthly and are payable by the 1st of every month. Our packages are designed to serve Digital Marketing/Strategy requirements of our clients. Specific man-hours are allocated each month and any unused man-hours are not rolled over to the next month. No third party software or marketing expenses are included. Webtimiser employs a fair use policy and allows flexibility in good faith. Any extra hours used may be billed separately. Any urgent tasks will be charged separately. Support requests need to be sent via email to info@webtimiser.com.au.

Payment Terms:

All prices are quoted in Australian dollars and are inclusive of GST unless specified. All invoices are to be processed as per the schedule via your preferred method of payment. We strongly recommend our clients to have a direct debit set up for the same. An administrative fee of $25 will be charged to the client’s account for any late payments or declined credit card charges. There are absolutely no refunds for any fees related to the digital marketing/strategy package.

Termination:

All digital marketing/strategy packages are for a minimum of 6 months period. Thereafter, you may cancel anytime with a clear one-month email notice. Webtimiser reserves the right to terminate at any time with written notice to the client.

Maintenance Packages:

All maintenance packages are for a minimum of 12 months period. Maintenance packages are billed annually but are paid monthly via direct debit on the 1st of every month. Packages may include 12 months basic website hosting, email hosting, and DNS hosting. Packages are designed to serve website maintenance tasks only. The hours may not be used for projects such as full redesign or major functionality add-ons. Does not include any Digital Strategy.

Intellectual Property Rights:

Webtimiser retains all intellectual property rights related to any work performed under the contract, including but not limited to software, code, design, and documentation. The client is granted a non-exclusive, non-transferable license to use the deliverables for its intended purpose.

Confidentiality:

Both parties agree to maintain the confidentiality of all confidential information shared during the course of the contract. Confidential information includes but is not limited to trade secrets, customer lists, financial information, and proprietary technology. The obligation of confidentiality shall survive the termination of the contract.

Indemnification:

The client agrees to indemnify and hold harmless Webtimiser, its officers, directors, employees, and agents, from any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to the client’s breach of the contract or any applicable law or regulation.

Limitation of Liability:

Webtimiser’s liability for any damages arising out of or related to the contract, whether in contract, tort, or otherwise, shall be limited to the fees paid by the client to Webtimiser under the contract. In no event shall Webtimiser be liable for any consequential, incidental, indirect, or punitive damages.

Force Majeure:

Neither party shall be liable for any failure or delay in performing its obligations under the contract, if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, and government actions.

Governing Law and Jurisdiction:

The contract shall be governed by and construed in accordance with the laws of the state/province/country where Webtimiser is located, without regard to its conflict of laws provisions. Any dispute arising out of or related to the contract shall be resolved by the courts located in the same jurisdiction.

Entire Agreement:

The contract constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or understandings, whether written or oral, relating to the subject matter of the contract. Any modification to the contract must be in writing and signed by both parties.

Non-Solicitation:

The client agrees not to solicit or hire any of Webtimiser’s employees or contractors for a period of six months following the termination of the contract, without the prior written consent of Webtimiser.

 

* Please note that Webtimiser reserves the right to change the terms and conditions without notice.

Estimates/Quotes:

Our estimates/quotes are based on our understanding of your requirements and given timeframe. Any changes to the functionality may incur additional costs. Micro-improvements will be considered for additional costs as well. Please ensure that our understanding is clear by arranging a face to face meeting before accepting the quote. Acceptance of a quote can be done verbally, via email, by payment of Initiation or by signing a quote.

Complexity and Requirements:

If there are any complexities related to specific tasks, we require advance notice so that we can include them in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancies arising due to unclear requirements will not be borne by Webtimiser.

Project Completion:

Webtimiser will make every effort to complete the project/changes within the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified. Any delays at the client’s end may delay the project and proposed timeframes and may incur additional costs. Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges. Modifications requested during development or after Go-Live approval will also incur additional charges. All additional work, over and above the estimates, is charged separately. Under no circumstances will Webtimiser be liable for any delays caused by a change in the project brief.

Content and Hosting:

Website/application content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond a reasonable timeframe. If your website/application is not hosted on a Webtimiser server, any additional man-hours required due to any server or network-related issues are not covered in our quotes and may be charged separately.

Digital Marketing/Strategy Packages:

All digital marketing/strategy packages are for a minimum of 6 months period. Thereafter, you may cancel anytime with a clear one-month email notice. They are billed monthly and are payable by the 1st of every month. Our packages are designed to serve Digital Marketing/Strategy requirements of our clients. Specific man-hours are allocated each month and any unused man-hours are not rolled over to the next month. No third party software or marketing expenses are included. Webtimiser employs a fair use policy and allows flexibility in good faith. Any extra hours used may be billed separately. Any urgent tasks will be charged separately. Support requests need to be sent via email to info@webtimiser.com.au.

Payment Terms:

All prices are quoted in Australian dollars and are inclusive of GST unless specified. All invoices are to be processed as per the schedule via your preferred method of payment. We strongly recommend our clients to have a direct debit set up for the same. An administrative fee of $25 will be charged to the client’s account for any late payments or declined credit card charges. There are absolutely no refunds for any fees related to the digital marketing/strategy package.

Termination:

All digital marketing/strategy packages are for a minimum of 6 months period. Thereafter, you may cancel anytime with a clear one-month email notice. Webtimiser reserves the right to terminate at any time with written notice to the client.

Maintenance Packages:

All maintenance packages are for a minimum of 12 months period. Maintenance packages are billed annually but are paid monthly via direct debit on the 1st of every month. Packages may include 12 months basic website hosting, email hosting, and DNS hosting. Packages are designed to serve website maintenance tasks only. The hours may not be used for projects such as full redesign or major functionality add-ons. Does not include any Digital Strategy.

Intellectual Property Rights:

Webtimiser retains all intellectual property rights related to any work performed under the contract, including but not limited to software, code, design, and documentation. The client is granted a non-exclusive, non-transferable license to use the deliverables for its intended purpose.

Confidentiality:

Both parties agree to maintain the confidentiality of all confidential information shared during the course of the contract. Confidential information includes but is not limited to trade secrets, customer lists, financial information, and proprietary technology. The obligation of confidentiality shall survive the termination of the contract.

Indemnification:

The client agrees to indemnify and hold harmless Webtimiser, its officers, directors, employees, and agents, from any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to the client’s breach of the contract or any applicable law or regulation.

Limitation of Liability:

Webtimiser’s liability for any damages arising out of or related to the contract, whether in contract, tort, or otherwise, shall be limited to the fees paid by the client to Webtimiser under the contract. In no event shall Webtimiser be liable for any consequential, incidental, indirect, or punitive damages.

Force Majeure:

Neither party shall be liable for any failure or delay in performing its obligations under the contract, if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, and government actions.

Governing Law and Jurisdiction:

The contract shall be governed by and construed in accordance with the laws of the state/province/country where Webtimiser is located, without regard to its conflict of laws provisions. Any dispute arising out of or related to the contract shall be resolved by the courts located in the same jurisdiction.

Entire Agreement:

The contract constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or understandings, whether written or oral, relating to the subject matter of the contract. Any modification to the contract must be in writing and signed by both parties.

Non-Solicitation:

The client agrees not to solicit or hire any of Webtimiser’s employees or contractors for a period of six months following the termination of the contract, without the prior written consent of Webtimiser.

 

* Please note that Webtimiser reserves the right to change the terms and conditions without notice.

Why webtimiser?

In today’s digital age, having a strong online presence is more important than ever. That’s where we come in. We’ll work with you to create a powerful website that not only looks great but also drives traffic and converts visitors into customers. From design to development, we’ll handle every aspect of your website project, ensuring that it’s tailored to your unique needs and goals.

But we don’t stop there. We also offer SEO services to ensure that your website is easily found by your target audience. Our proven strategies will help you rank higher in search engine results, bringing more traffic and more leads to your website.

And when it comes to digital marketing and social media marketing, we’ve got you covered. Our team will develop a customised marketing plan that’s designed to meet your specific goals and target your ideal audience. From PPC advertising to social media management, we’ll help you maximise your online presence and grow your business.

Read enough? Jump straight to our contact form to find out how we can help you.

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