Terms and Conditions

These Terms and Conditions (“Agreement”) govern the use of services provided by Cassandra May as Affordable Website Solutions trading as Affordable Web Solutions ABN 99 211 361 879, a website solutions provider, (“AWS”), to clients (“Client”) in Australia.

The Client acknowledges that he/she/it/they has/have had an opportunity to review this Agreement, obtain legal advice, if required, consider its implications, seek amendments to the terms.

By engaging in services provided by AWS, the Client acknowledges and agrees to have read, understood, and be bound by these Terms and Conditions.

Services

  1. AWS offers web development, design, hosting, maintenance, and related services as agreed between the parties.
  2. The scope of services, including deliverables, timelines, and pricing, will be outlined in a proposal/invoice agreed upon by both parties.
  3. AWS reserves the right to refuse its services and/or products to anyone. This includes the right to suspend or cancel a Client’s access to existing services upon breach of a term of this Agreement or at AWS’ absolute discretion that the services have been abused or used inappropriately.

Payment

  1. The Client agrees to pay AWS the agreed-upon fees for services rendered.
  2. Quoted estimates are valid for 30 days from the date of issue.
  3. AWS reserves its right to increase its fees if the Client delays the project by more than 180 days upon commencement.
  4. AWS reserves the right to alter prices at any time without notice. If a client has commissioned any services from AWS prior to a change in prices, that project will not be subject to any increase (unless clause 2 (c) applies), but any subsequent project may be subject to an increase.
  5. The payment schedule is as follows:
    1. 50% of the total project cost as a deposit prior to the commencement of work.
    2. Balance 50% of the total project cost will be invoiced on final approval of full website mock-up and will be due for payment 7 days prior to go live date.
  6. On receipt of payment, AWS will publish the website on the main server and the website will become live to the public.
  7. Payment terms, including deposit requirements, instalment schedules, and late payment penalties, will also be specified in the proposal/invoice, which will be communicated via email.
  8. In the event of any variations or extensions to the project, or should the Client wish to engage AWS on a time and material basis, all work will be undertaken in accordance with our hourly rates of $160p/hour + GST.
  9. All fees are exclusive of GST.

Cancellations and Refunds

  1. a.All deposits paid are non-refundable.
  2. In the event of the Client breaching a term of this Agreement, AWS reserves the right to discontinue the service immediately with no refund made available for services rendered and goods delivered up to the date of breach.
  3. Refunds may be processed when AWS fails to deliver the services as described at the sole discretion of AWS.
  4. If at any point during the website design process a client wishes to cancel, they may do so but will be required to make payment on a pro rata basis, proportionate to the amount of agreed work completed. For avoidance of doubt, the deposit paid upfront will not be refundable.
  5. No cancellations will be accepted on signed off work.
  6. Please contact AWS for service cancellation, AWS will not accept service cancellation without written notice.

Website Design, Development & Support

  1. The Client will receive a website design mock-up based on the design brief submitted.
  2. The Client may request 2 major design changes and up to 5 minor modifications to the concepts to the design before signing off.
  3. The website, graphics and any programming code remain the property of AWS until all outstanding accounts are paid in full.
  4. If a logo has been purchased from AWS alongside a website design, the logo will need to be signed off before the website design commences.
  5. AWS Website Content Management System (CMS) are self-managed and AWS is not responsible for any copy, editing or updating of the Client’s website. AWS is under no obligation to do any work on the Client’s website unless otherwise contracted to do so, such as if the Client purchases a Maintenance and Support package from AWS or purchases casual support from AWS.
  6. The terms of the Maintenance and Support Package include monthly payments for a minimum of 6 months, and provides for Website CMS, Theme & Plugin updates, security scanning and monitoring, spam clean up, 24/7 uptime monitoring, managed offsite backup strategy, free restorations if required, reduced hourly support rate outside of the free monthly minutes, contact form tests, link repair, malware security scans, database performance optimisation, email help desk and prioritised support, 30 minutes of reactive website changes (does not accrue within the first 12 months), google search console issue resolution recommended for; businesses ready to grow, online stores, high traffic sites, mission critical websites.
  7. All websites and landing pages will be delivered as shells with pages/posts filled with dummy or priorly provided text and images. The Client is solely responsible for inserting the website content unless the Client has requested and paid for SEO copywritten pages, which AWS will research, complete a draft and send it to the Client for review and approval.
  8. Training is available to the Client at a fee (discounted if the Client hosts with AWS). Once payment is made, AWS will release the training material for the Client to download securely. The Client acknowledges and agrees that the training material will be provided to the Client to be accessed in a secure manner and the Client will keep the material secure for its own personal use, the material cannot be shared, distributed to any other person other than the Client.
  9. AWS makes every effort to design pages which display acceptably in Chrome, Internet Explorer, Safari and Firefox, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed and if the end users’ browsers are too old.
  10. On all AWS websites there is a built-in authorship anchor tag that links to the AWS website. This anchor is linked from the footer of the Client’s website. The footer link cannot be removed during contract with AWS.
  11. AWS will provide a warranty for the term of 30 days proceeding the date of Website completion (as stated by email to the Client) in which bugs and defects presented to AWS will be repaired for no charge. Once this 30-day term expires, AWS will not be liable for any bugs or defects that present themselves or are otherwise missed by the Client. Changes, fixes, and bugs outside the warranty time may be billable unless the Client has purchased a Maintenance and Support package and payments are up to date, whereby AWS will provide labour at no cost to the Client. Any outdated associated licences, plugins not covered by AWS Subscription is subject to the cost of the Client.

Graphic Design

  1. The deposit for graphic design work is due upon acceptance of the quote. The balance is due when the artwork has been approved, prior to the final sending of graphical files.
  2. For logo design services, the Client will receive 4 design concepts by email based on the design brief. Once they choose 1 design concept, the Client can request up to 5 changes to their chosen design concept. The Client can merge design concepts such as typeset with icon.
  3. The Client acknowledges and agrees that AWS creates only simple logos. If advanced logos are required, the Client should source the work external to AWS.
  4. Upon sign off when the design is completed, the Client will receive the final graphic design files via email or through alternative file delivery methods.
  5. Any further changes after sign off will need to be quoted and billed separately.
  6. AWS hands all artwork over in a print ready file for the Client’s use. It is the responsibility of the Client to check all content, contact emails, phone numbers, email address or any other requested details are correct.
  7. AWS will not be held responsible legally or otherwise for any errors on the artwork that was not noticed prior to artwork use; including, but not limited to, spelling, grammar, colour issues or typing errors.
  8. All graphic designs remain the copyright of AWS. Ownership will be transferred to the Client upon receipt of full payment.

Domain Registration

  1. AWS makes no guarantee that the requested domain name(s) are available or are able to be registered under the requested suffix.
  2. AWS will make best endeavours to register the requested domain name(s) for the Client if that service is requested and paid for.
  3. AWS is not liable for the requirements of domain names, including but not limited to domain name registration, renewal and/or transfer unless such service is requested and paid for.

Hosting Services

  1. Invoices for hosting services are invoiced for 12 months in advance.
  2. Hosting invoices are due within 7 days of issue; failure to pay the balance of the invoice may result in an interruption of service.
  3. A reconnection fee of $99.00 + GST will be added to the outstanding bill.
  4. Reconnection of interrupted service may take up to 48 hours. In the event of propagation delays outside of AWS control, the timeline to update the IP addresses cannot be determined.
  5. AWS assumes no responsibility for the timelines, deletion, mis-delivery, or failure to store Client’s communications, personalisation settings or any other information stored on the Client’s hosting service.
  6. AWS is not liable for any content that is linked and/or embedded from an external source that may disappear due to the server’s connection that the linked/embedded content resides on is interrupted. Additionally, should the linked or embedded content breach copyright or any other associated laws (including those stated in this Agreement), AWS reserves the right to remove it without notice to the Client.
  7. In the event of server compromise, AWS will endeavour to return the Client’s website to its previous working state as soon as is reasonable but is not responsible for the content lost when reinstating any website that has been compromised.
  8. AWS is not liable for any compromise due to outdated Website CMS software and plugins, or outdated browser software.
  9. In the event of website compromise due to outdated Website CMS software and/or plugins, the Client will be billed for updating the website installation on an hourly basis.
  10. If the Client refuses the service of updating Website CMS and associated plugins, AWS reserves the right to void all warranties and guarantees associated with its contract with AWS.
  11. AWS holds the Client under no contractual obligation to remain hosting with AWS and services may be terminated at any time if the Client moves to another hosting server or close their business. Invoices paid in advance including the annual hosting services fee are non-refundable, and all outstanding invoices must be paid in full to AWS.
  12. Each website account is allocated the stated bandwidth and disk space, and any additional usage will incur an additional charge. AWS will monitor the Client’s usage and if AWS anticipates the website may require more bandwidth/disk space, the allocation will be increased and purchased automatically.
  13. Although AWS monitors the bandwidth/disk space usage of the Client’s website, AWS does not take responsibility for any website going offline due to exceeding bandwidth or disk space. In the event of a website going offline due to bandwidth or disk space issues, AWS will endeavour to return it to its last working state should the Client reactivate or update their hosting service.
  14. Additional capacity and bandwidth may be purchased for a pre-set fee and are applicable for the term of the hosting until the next invoice for renewal or until a month has passed, whichever comes first.
  15. If the Client informs AWS to place their website on another server, a transfer fee will be incurred based on the type and location of the server, as well as the complexity of the website being built. Depending on the nature of the transfer, there may also be hourly charges incurred..
  16. AWS reserves the right to cancel the service at any time. In this event, Clients will be entitled to a pro rata refund based upon the remaining period of any pre-paid membership. If a Client violates AWS terms of service, a refund will not be issued in the event of a cancellation.
  17. The Client may cancel their account before the renewal of the annual hosting services with a minimum 30 days’ notice required. Fees charged for the hosting annual services on a prepaid basis are non-refundable.
  18. It is the Clients responsibility to ensure they have back-ups of their website. This includes any associated databases. AWS takes steps to maintain system integrity. However, AWS shall not be held responsible for any loss of data due to any cause.
  19. To ensure the highest level of data protection, AWS recommends that all information be backed up on the Client’s own computer or external server such as Google Drive, Dropbox or an external hard drive.
  20. All AWS data backups are designed against hardware failure not Client user error, Restoration of an AWS generated back-up may incur a cost. AWS cannot be held accountable if the AWS generated back-up is not the latest version of the Client’s website.
  21. Hosting accounts have agreed bandwidth usage limits. AWS realise that from time to time, a Client may have unanticipated circumstances which cause their web sites to exceed this limit. In rare cases, such overages may result in additional charges, or temporary suspension of service. Should this occur, AWS will first make every effort to contact you to prevent any unexpected charges or service interruptions.
  22. AWS shall not be responsible for any loss of business or other damages resulting from occasional “down-time” or other technical problems related to the host server, whether caused by the web hosting company or by broader Internet problems beyond our control.

Search Engine Optimisation

  1. AWS agrees to provide the Client with the supply of Search Engine Optimisation (SEO) services and is authorised by the Client to use the Key Phrases to attempt to improve the ranking of and/or positioning of the Client’s website within the Search Engines.
  2. The client acknowledges and agrees that:
    1. If the SEO services provided are delayed and are not as a result of any fault(s) on the part of AWS, no refund or compensation will be offered to the Client.
    2. The Client warrants to AWS that the Key Phrases and/or contents of the website do not and will not violate any law or regulation.
    3. Key phrases selected for SEO must be mutually agreed to by the Client and AWS.
    4. The Client warrants to AWS that it has not received any written notice of claim, and the Key Phrases and/or the contents of the website do not infringe, interfere, violate or misappropriate the intellectual property rights of any other party.
    5. If AWS notifies the Client in writing of a claim or cause of action against AWS that any of the contents of the website infringes a presently existing intellectual property right of a third party, the Client shall indemnify and defend such claim or cause of action at its own expenses and pay any costs or damages, including but not limited to all legal costs and disbursements which may be reasonably incurred or finally awarded against AWS.
  3. Any guarantee made by AWS in the (SEO Performance Guarantee) table does not apply in the following circumstances:
    1. If changes are made to the website by other parties than AWS that adversely affect the search engine rankings of the website (as determined by AWS).
    2. If the website is offline due to a reason not caused by AWS.
    3. If Google releases an algorithm update and changes suggested by AWS are not implemented by the Client.
    4. If AWS does not reach the stipulated guarantees/milestones at no fault of the Client (AWS has full website access and client site has never been offline), AWS shall work for free for no more than ninety (90) days and Client is free to move on.
    5. Any guarantee begins from the day AWS uploads SEO content copy to the Client’s website. The guarantee is void if AWS changes are overwritten or lost by the Client.
  4. The Client acknowledges that AWS makes no warranty that SEO will generate any increase in sales, business activity, profits or any other form of improvement for the Client’s business or any other purpose. No liability whatsoever (except as provided by law) will be accepted by AWS for any damages or losses arising from or because of the provision of the SEO services.

Social Media Marketing

  1. AWS agrees to provide the Client with the Social Media Marketing (SMM) services and is authorised to use Social Media Advertising to manage and attempt to improve the performance of the Client’s advertising campaign/s within the agreed-upon channel.
  2. For the purposes of providing these SMM services, the Client agrees to provide where applicable: channel page login details, copy suggestions for ad creation, images, branding files, and documents.
  3. The Client acknowledges and agrees that AWS has no control over the policies of channels with respect to the type of sites and/or content that they accept now or in the future, targeting selected for channel is up to the discretion of AWS, and Media spend can be paid to Google, Facebook, Instagram or Linkedin directly by the Client, or AWS can pay on behalf of the Client, once the Client has prepaid the AWS invoice which includes the management fee and media spend.

Intellectual Property

  1. The Client warrants the right to use the applicable trademarks, if any.
  2. All material, both text and images, supplied by the Client and used in the construction of the Client’s web site, will remain the Client’s property.
  3. The copyright for all material, both text and images, supplied by AWS, such as HTML code, graphics, photographs and text, remain the property of AWS until full payment of all services rendered by AWS has been received. Upon receipt of full payment, the copyright will be transferred to the Client.
  4. Any website domain name purchased by AWS for the Client will remain the property of the Client.

Indemnification

  1. The Client agrees that it shall defend, indemnify, save and hold AWS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable lawyers’ fees, (“Liabilities”) claimed against AWS, its agents, its Clients, officers, contractors or employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold to the Client, its agents, employees or assigns.
  2. The Client agrees to defend, indemnify and hold harmless AWS against Liabilities arising out of;
    1. any injury to person or property caused by any products sold or otherwise distributed in connection with AWS’s server;
    2. any material supplied by the Client infringing or allegedly infringing on the proprietary rights of a third party;
    3. copyright infringement;
    4. any defective product which the Client sold on the AWS Server.

Confidentiality

  1. Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the engagement.
  2. Confidential information shall not be disclosed to third parties without prior written consent.

Client Responsibilities

  1. The Client agrees to provide timely feedback, materials, and approvals necessary for the completion of the project.
  2. The Client is solely responsible for providing accurate and up-to-date information for the development and maintenance of the website.
  3. If, during the website design process, the Client does not supply the content required in order to complete the project within a reasonable amount of time, it may result in service expiry or inability to render ongoing services.

Warranty and Support

  1. AWS warrants that services will be performed in a professional manner and in accordance with industry standards.
  2. AWS will provide a specified period of post-launch support and maintenance as outlined above in this agreement.

Limitation of Liability

  1. AWS, including its officers, agents, employees, are not liable for (including through negligence) any direct, indirect, incidental, special or consequential damage resulting from the use, or inability to use the AWS services, or from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission or any failure of performance whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to AWS records, programs, servers or services.
  2. Regardless of the above, the Client’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the combined dollar amount which the Client paid during the term of this Agreement.
  3. AWS is under no responsibility for any damages to the Client’s computer systems, nor the loss of data as a result of download, use or further distribution of any material, digital or otherwise, from the AWS websites, or any of its affiliates or active clients.

Termination

  1. Either party may terminate the agreement upon written notice if the other party breaches any material term of the agreement and fails to remedy such breach within a reasonable period.
  2. Upon termination, the Client shall pay to AWS any outstanding fees for services rendered up to the date of termination.

Transfer or Assignment 

This agreement may not be transferred or assigned to another person, entity or Client of AWS under any circumstances without the prior written consent from AWS.

Governing Law and Jurisdiction

  1. This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia.
  2. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

Amendments

This Agreement may only be amended or modified in writing and signed by both parties.

By engaging in services provided by AWS, the Client acknowledges and agrees to have read, understood, and be bound by these Terms and Conditions.