By agreeing to proceed with a website design package or any project, you accept that this forms a contract with Vital Web Solutions ( ABN: 22 577 952 479) and the following terms and conditions. These terms and conditions should be read in conjunction with any ‘quote’ and or tax invoice you have received from Vital Web Solutions.
- Vital Web Solutions services are provided at the agreed rate. Unless otherwise agreed, web design packages include website design and build (see package variations). Where applicable, hosting costs commences when development begins. A domain name can be registered by us on your behalf or provided by you. If you already have a domain name, we can arrange a free DNS transfer. Vital Web Solutions will also set up an email hosting account if required (see package variations).
- “Starter or Blog” Website Package requires full payment in advance by either credit card or EFT prior to commencement unless otherwise agreed.
- A 50% deposit is required for non “Starter or Blog” Website Packages if paid by credit card. Balances will be automatically processed 30 days after receipt of deposit or upon completion of your website, whichever is first. Please note, your website may not be complete when the balance is processed.
- For payment by EFT, the full invoice amount is due prior to commencement of your project going live.
- All balances must be paid prior to login access being provided by Vital Web Solutions.
- For web design packages where a completed design/content brief is not received by Vital Web Solutions within 60 days of receipt of the deposit, that project will be subject to a $150 administration fee to resume that project.
- Although Vital Web Solutions reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.
- Failure to make complete payments may result in your website and emails being suspended.
- Additional extras such as graphic design work, layout changes, extra WordPress or Joomla plug-ins, additional functionality and or coding items such as plugins and modules. Must be paid in full by either credit card or EFT, prior to the commencement of work.
- All receipts/invoices will be sent via email.
- eCommerce websites and customised projects based on initial scope and proposal documents pay an additional monthly ‘Maintenace and Support’ fee via direct debit. Fees are based on clients budget and project scope documents as indicated in the initial project brief. A quote must be accepted before any work begins and a deposit received based on this quote which indicates approval by the client.
CANCELLATION & REFUNDS
- All deposits received are non-refundable.
- Once the design brief is received by Vital Web Solutions and approved by the client, all balances are payable on a project.
- Customer cancellation of any Vital Web Solutions services at any stage must be notified in writing via email. Any outstanding balances remain payable regardless of the stage of design or production of the project.
- Customer cancellation of any Vital Web Solutions services requires one month notice. This includes all SEO, PPC and Social Media services along with website hosting.
- Non-payment of any outstanding amounts will be passed onto a debt collection agency for full payment plus expenses.
- Payments received for each subsequent 12 month ‘Care Package’ are non-refundable.
- Vital Web Solutions do not offer refunds for server, service or software interruptions which are out of our control.
- Although Vital Web Solutions endeavour to complete every project on time or sooner, Vital Web Solutions cannot be held responsible for the delay in the design or development of any website design package.
- Vital Web Solutions reserves the right to suspend or cancel a customer’s access to any or all services provided by Vital Web Solutions, at its discretion, if the account has been inappropriately used or otherwise abused.
- Individual accounts are for the intended use of the account holder only.
- Vital Web Solutions does not allow any of the following content to be stored on its servers: (a) Illegal material, including copyrighted works, commercial audio, video, or music files, or any material of any type in violation of any federal, state or local law or regulation anywhere in the world. (b) Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes “adult material” is entirely at the discretion of Vital Web Solutions. (c) Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing etc. material or encrypting of any of the above. This also applies to sites which provide links to or ‘how to’ information about such material.
- Unless otherwise agreed all websites will have a discreetly placed ‘Web Design by Vital Web Solutions’ or similar link to the Vital Web Solutions website.
- Vital Web Solutions does not control the interaction between your website and its visitors.
- For security reasons, Cpanel access cannot be given to any Vital Web Solutions customers.
- Vital Web Solutions builds all sites on the latest installed version of WordPress or Joomla at that time of instalation. Vital Web Solutions is not responsible for updating-to future versions of WordPress or Joomla. Any requests for installing and updating WordPress versions is chargeable at our normal hourly rate of $75 or included in a monthly support and maintenance fee approved by the client.
- Any website can be vulnerable to a “hack” or malicious activity. While it is out of our control, in the unlikely event of a hack to a client website, Vital Web Solutions can reinstate your site from a backup version, check security integrity and complete a performance update for a fee of $299. Please note that our Care Packages include system maintenance and software upgrade options including remote backup of your website files ongoing, backups on the website hosting only are the responsibility of the client and cannot be guaranteed to work again if hacked. Vital Web Solutions highly recommends our Care Package for regular off-site remote backups.
- Vital Web Solutions does not provide ‘Top Level’ admin access to any WordPress or Joomla website project unless the client agrees that ongoing support from that point becomes chargeable at our normal hourly rate of $75.
- Please refer to www.vitalwebsolutions.com.au for the variations in each web design package.
- Vital Web Solutions websites are self managed and Vital Web Solutions is not responsible for any copy, editing or updating of your website content.
- After ‘sign-off’ of a website design concept, any amendments from that point, will be subject to additional design fees.
- Vital Web Solutions do not place any additional content to your website other than mentioned above or agreed upon. Some of our packages do offer individual page(s) and product page(s) setup and custom projects will be quoted and approved. The client must provide all content unless agreed upon and article writers are contracted by Vital Web Solutions on your behalf.
- The client must provide all website content unless agreed upon and article writers are contracted by Vital Web Solutions on your behalf.
- Content creation and upload packages are available at an additional fee, charged on an hourly rate.
- Website images must be provided by the client. For a small fee, images can be purchased from an image library. Alternatively, Vital Web Solutions can either suggest stock image websites or can source images on your behalf at our current rate of $75 per hour plus the cost of the image/s. Vital Web Solutions also employ a graphic designer and can recommend local photographers for better branding and unique design.
- A website will only go ‘live’ after full payment has been received and the website is approved by the client from a development/testing environment which will be made available as a URL link in an email.
- eCommerce sites are developed and handed over with a standard eCommerce configuration and layout. This includes product page, checkout page and basic shipping configuration. Any variations or customisations to these layouts will be at an additional cost to the client.
- Websites with ‘Mobile Responsive Design’ do not include any customisation to the design or layout visible on a Smartphone or tablet. Customisation is available at an extra cost following instruction from a brief provided by the client.
PLUG-INS & COMPONENTS
- Website plug-ins purchased pre or post sale are installed on your website on a basic level i.e. Vital Web Solutions provide a basic set up of information sufficient for the plug-in to function on the website.
- Beyond the basic level of set up, additional fees apply for customisation of that same plug-in.
- After basic installation and any customisation of a plug-in, an optional monthly support fee (paid by direct debit) will apply at an agreed rate from Vital Web Solutions, payable from the day login access is provided by Vital Web Solutions.
- If a client opts not to pay for support for a plug-in, any queries, questions, alterations, updates, amendments or similar, will become a paid service from Vital Web Solutions and charged in minimum 30 minute blocks.
- Vital Web Solutions builds all sites with the latest version of plug-ins and requested plug-ins. Updating versions of any plug-in is subject to a minimum charge of $75 per hour plus any additional upgrade costs, time spent on reconfiguration, customisation and testing.
- Unless otherwise agreed, websites will be hosted by Vital Web Solutions.
- Customers wishing to use alternative hosting, need to confirm such hosting is suitable for the website built by Vital Web Solutions.
- Vital Web Solutions cannot give a 100% guarantee that there will be no hosting interruptions or downtime from it’s hosting supplier and shall endeavour to inform of any scheduled updates or maintenance.
- Where Vital Web Solutions are not hosting a website, Vital Web Solutions will prepare and deliver (after any outstanding balances are paid), a set of files for upload and installation on the alternative host by the alternative host.
- Vital Web Solutions will not be responsible for the installation of the website on alternative hosting.
- On a ‘fee per service’ basis, Vital Web Solutions can continue to support your website if it is not hosted by Vital Web Solutions.
- Please refer to ‘PLUG-INS’ for terms and conditions relating to the support of a website plug-in.
- The ‘Care Package’ for your website begins the day Vital Web Solutions begin developing your website.
- All fees paid for ‘Care Package’ are non-refundable.
- Vital Web Solutions provides support for all of its clients via email – www.Vital Web Solutions.com.au. All queries or questions should be directed through the Vital Web Solutions support desk and the ticket system. The support desk provides a comprehensive layout of manuals, videos, tutorials and FAQ’s to assist you with a question related to your website. In most cases, the answer can be found within the information on the support desk website and we advise that you browse through this prior to submitting a support ticket. Support tickets are answered during normal business hours AEST.
- Payment for all subsequent 12 month ‘Care Package’ periods, will be automatic on the anniversary of Vital Web Solutions providing access to your website using the credit card on file unless otherwise instructed. EFT or cheque payments must be received as cleared funds by the anniversary date to prevent suspension of the ‘Care Package’.
- The customer agrees that it is not the responsibility of Vital Web Solutions to provide knowledge or support outside of the defined service of the Vital Web Solutions web design packages.
- Telephone and email support is only offered to Intermediate, Lead Generator and Platinum Care.
- Email support only is offered to Startup and Standard Business packages.
- All forms of support are subject to ‘fair use’ time limitations of 4 hours per month. Support time includes any form of communication and also time spent on research, development, installation, customisation, testing and design. Additional support time is logged and will be charged at our current rate of $75 per hour.
- If, in exceptional circumstance, ‘CPanel’ or ‘FTP’ access is given to a client, Vital Web Solutions can only provide ‘basic’ (non-technical) CMS support for that website. Vital Web Solutions cannot be held responsible in any way for errors, mistakes, loss or deletion of information or similar as a result of ‘CPanel’ or ‘FTP’ access. A request for recovery of any website by Vital Web Solutions will be subject to a formal quote to reinstate the original website install (if possible).
- Business coaching, training and strategy including consultation and project management is changed at the normal rate of $99 per hour or as part of an agreed package which will be quoted and accepted prior to work commencing.
- Travel to and from meetings which are not included in the ongoing project scopes, maintenance and support are charged at $99 per hour to and from our office location to your office. Our initial website and marketing packages include a free phone consultation to establish what is required.
- Online Marketing plans not included as part of a package are charged at our normal adhoc rate of $99 per hour.
- Online marketing, SEO and social media management strategy. Every business niche and location has a different level of competition and every business owner a separate set of target search terms. We cannot guarantee will get this accurate the first time and provide ongoing Conversion Rate Optimisation (CRO) as part of some Care Packages. We highly recommend keyword research including keyword planning using commercial tools for the best chance of finding commercially viable search terms that will lead to the best returns. This research should also be used in landing page and PPC campaigns to get the best results.
- A content creation and monthly advertising strategy are highly recommended by Vital Web Solutions and we offer professional writing services.
- Vital Web Solutions is not responsible for rankings that drop in the search engines due to a client’s bad spelling, grammar and copywriting content.
- Google Adwords and Facebook ads including any other system we run pay per click ads. Clicks will be payable by the client’s account. Vital Web Solutions manages and optimises your account only. We will require access to these accounts in the initial setups of these projects and will recommend daily budgets to follow. The client will have full access to the account anytime.
- Our SEO packages include ongoing audits, speed test, backlink checking, reporting, competitor analysis and target keyword tracking. We do our best to keep your website running in tip top shape. However, we cannot always predict search engine algorithm changes. Our reporting is designed to warn you ongoing of any changes and our seo packages setup with monthly tasks to get the best results possible.
- It is highly recommended that a client has a website audit and marketing appraisal first to establish the best approach. A proposal document along with a quotation for setups and ongoing support will need to be approved and payable monthly
- SEO packages are payable monthly only and cannot be Adhoc for a minimum term of 6 months. All cancellations to be in writing and send via email with 1 month notice required.
- Social media packages are payable monthly as part of a package or at our normal rate of $75 per hour.
- Vital Web Solutions cannot guarantee a requested domain name will be available.
- If an Vital Web Solutions web design package includes a free domain name, an ABN or ACN will be required for the registration of an Australian ‘.com.au’ domain name. If a ‘.com’ is registered (as part of your package), the ownership of that domain will be transferred to you upon request.
- All Australian ‘.com.au’ domain names purchased by Vital Web Solutions will be for a 2 year period. The registration of a ‘.com’ domain name will be for 1 year.
- Domain names will always remain the property of the Customer.
- Vital Web Solutions websites cannot be transferred away from Vital Web Solutions servers other than by agreement and only after payment of any and all outstanding fees are received. If a transfer is agreed, Vital Web Solutions will prepare a set of files containing the contents of your website. An administration fee of $199 is payable for this process.
- No responsibility can be taken by Vital Web Solutions for website or email disruption during any part of the transfer process.
- Vital Web Solutions cannot provide support for any website they do not host on their servers.
- If you are transferring an existing WordPress or Joomla built website to Vital Web Solutions (without purchasing a web design package), a one-off $199 transfer fee plus hosting fee applies.
- If you are transferring your existing WordPress or Joomla website to Vital Web Solutions, Vital Web Solutions cannot transfer your existing emails to our hosting platform. We recommend you take a copy of all emails from your existing host up to the point of transfer to Vital Web Solutions. Emails will be available for pick-up once the transfer of your website is complete. Vital Web Solutions cannot be held responsible for any emails lost during the transfer period and we recommend an alternative email address forwarder (hotmail, gmail, outlook or similar), be set up during that same time.
- Vital Web Solutions shall not be liable, under any circumstances, for any loss of business, profits, goodwill or data, loss of use, interruption of business, or for any indirect, or consequential damages that result in any way from the customer’s use of, or inability to use the services, or that results from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or software.
- Vital Web Solutions cannot be responsible for any damages that may be suffered resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions, including interruption at payment gateways or email interruption or through receipt of spam emails.
- Vital Web Solutions makes no representations, warranties or assurances that the customer’s equipment will be compatible with the Vital Web Solutions service.
TRADEMARKS & COPYRIGHTS
- The design of your website (the look and feel) is under copyright and license from Vital Web Solutions for use by yourself. You are prohibited from selling, replicating or reproducing any of the design of your website without written permission.
- The customer warrants that it has the right to use any applicable trademarks on their website.
The Customer may only use Vital Web Solutions servers for lawful purpose. Transmission of any material in violation of any federal, state or local regulation is prohibited.
ACCEPTABLE USE POLICY
We offer several features of our web design services in a manner which is effectively unlimited for the majority of our customers subject to our acceptable use policy. We further define those unlimited aspects as follows;
Web Design Revisions – We consider up to 8 revisions as acceptable use, it is rare for a customer to require more than 5.
Number of Pages – There is no limit other than the customer’s ability to create and manage them along with hosting space package alloations.
Email Addresses – We consider acceptable use for Business and eCommerce websites to be up to 10 email accounts per domain and 50 alias addresses (i.e. email addresses that forward to others) and 4 email accounts for all other packages.
Hosting – We consider the acceptable use to be less than 1Gb of storage space (over 20 times the average client’s use) and 5Gb of bandwidth per month (nearly 40 times the average client’s use). Additional space can be purchased should it be required.
Support – Telephone support is only offered to Business Pro and eCommerce packages and is limited to a maximum of 4 hours per month when included with our Care package.
- Vital Web Solutions does not warrant that the service will not be interrupted or error free; nor make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the Vital Web Solutions servers, unless otherwise expressly stated in this Agreement.
- Under no circumstances, including negligence, shall Vital Web Solutions, its officers, agents or anyone else involved in creating, producing or distributing Vital Web Solutions web design services be liable for any damages that result from the use of, or inability to use the Vital Web Solutions service or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to communication failure, theft, destruction or unauthorised access to Vital Web Solutions’s records, programs or services.
- Notwithstanding the above, the customer’s exclusive remedies for all damages, losses and causes of actions shall not exceed the aggregate dollar amount which the customer paid during the term of this agreement and any reasonable attorney’s fee and court costs.
This agreement shall be governed in all respects by the laws of New South Wales Australia. The parties irrevocably submit to the jurisdiction of the courts of New South Wales Australia.
Each provision of this agreement including these terms of service is severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.
Revisions will be considered agreed to by the customer as specified in Section I. Financial Arrangements.
This agreement constitutes the entire understanding of the parties. Any changes or modifications to this contract thereto, are agreed to by both parties upon renewal of services.
These terms and conditions should be read in conjunction with any quotes for your Vital Web Solutions services including websites, care packages, hosting, SEO, social media management, online marketing, customised packages and logos.