Terms & Conditions
The following terms and conditions apply to all or any website development, design and SEO services provided by MonaWebMasters to the Client.
- Acceptance
It is not necessary for any Client to possess signed an acceptance of those terms and conditions for them to use. If a Client accepts a quote then the Client is going to be deemed to possess satisfied themselves on the terms applying and have accepted these terms and conditions fully.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you simply have read and accepted our terms and conditions.
- Charges
Charges for services to be provided by MonaWebMasters are defined within the project quotation that the Client receives via e-mail. Quotations are valid for a period of 14 days. MonaWebMasters reserves the proper to change or decline to supply a quotation after the expiry of the 14 days. Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review, with the remaining fifty (50) percent of the project quotation total due upon completion of the work, before upload to the server or release of materials like passwords. Website design services of 1 thousand (1000) AUD or less, require a payment of 1 hundred (100) percent of the project quotation total before the work commences.
Payment for services is due by Electronic bank transfer. Bank details are available on invoices.
- Client Review
MonaWebMasters will provide the Client with a chance to review the looks and content of the web site during the planning phase and once the general website development is completed. At the completion of the project, such materials are going to be deemed to be accepted and approved unless the Client notifies MonaWebMasters otherwise within ten (10) days of the date the materials are made available to the Client. The changes and updates can be made only once and no further changes will be made after the review phase.
- Turnaround and Content Control
MonaWebMasters will provide the Client’s website by the date laid out in the project proposal, or at date agreed with Client upon MonaWebMasters receiving initial payment, unless a delay is specifically requested by the Client and agreed by MonaWebMasters. In return, the Client agrees to delegate one individual as a primary contact to assist MonaWebMasters with progressing the project during a satisfactory and expedient manner. During the project, MonaWebMasters would require the Client to supply website content, text, images, movies, and sound files.
- Failure to supply the required website content:
MonaWebMasters may be a small business, to stay efficient we must make sure that work we’ve programmed is administered at the scheduled time. On occasions, we may need to reject offers for other work and enquiries to make sure that your work is completed at the time arranged.
This is why we ask that you simply provide all the specified information beforehand. On any occasion where progress can’t be made together with your website because we’ve not been given the specified information within the agreed time-frame, and that we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves program Optimisation we’d like the text content for your site beforehand in order that the SEO are often planned and completed efficiently. If you do not provide us with the specified information and within one week of project commencement, we reserve the proper to shut the project and therefore the balance remaining becomes payable immediately. Simply put, all the above condition says is don’t give us the go-ahead to start out until you’re able to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages within the supplied document representing the content of the relevant pages on your website. These pages should have an equivalent title because of the agreed website pages.
- Payment
Invoices will be generated by MonaWebMasters upon completion but before publishing the live website. Invoices must be paid in full before publishing the live website, otherwise MonaWebMasters reserve the right to stop the process of publishing the website to the live server until the final balance is paid. Invoices are normally sent via email. Invoices are due upon receipt. Accounts that remain unpaid fourteen (14) days after the date of the invoice are going to be assessed a service fee within the amount of one-tenth (10%) of the entire amount due. Accounts unpaid fourteen (14) days after the date of the invoice are going to be considered in default. If the Client in default maintains any information or files on MonaWebMasters’s Webspace, MonaWebMasters will, at its discretion, remove all such material from its web space. MonaWebMasters isn’t liable for any loss of knowledge incurred thanks to the removal of the service. Removal of such material doesn’t relieve the Client of the requirement to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default comply with pay MonaWebMasters reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by MonaWebMasters in enforcing these Terms and Conditions. For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.
- Additional Expenses
Client agrees to reimburse MonaWebMasters for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography additional plugins, etc.
- Termination
Termination of services by the Client must be requested during a written notice and can be effective on receipt of such notice. Telephone requests for termination of services won’t be honored until and unless confirmed in writing in forms of text message, email, mail or fax.
MonaWebMasters reserve the right to negotiate and refund an appropriate portion of the amount paid by customer towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made. If the order is cancelled after the commencement of work, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. For the services agreements/contracts, the Client is going to be invoiced for the work completed to the date of first notice of cancellation for payment fully fourteen (14) days. MonaWebMasters reserve the right to terminate an agreement/contract at any time with written notice to the client effective immediately.
- Indemnity
All MonaWebMasters services could also be used for lawful purposes only. You comply with indemnify and hold MonaWebMasters harmless from any claims resulting from your use of our service that damages you or the other party.
- Copyright & Licencing
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants MonaWebMasters the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a 3rd party. The Client is further liable for granting MonaWebMasters permission and rights to be used of an equivalent and agrees to indemnify and hold harmless MonaWebMasters from any and everyone claims resulting from the Client’s negligence or inability to get proper copyright permissions. A contract for website design and/or placement shall be considered a guarantee by the Client to MonaWebMasters that each one such permission and authorities are obtained. Evidence of permissions and authorities could also be requested.
Any design, production, copywriting, drawing, idea or custom code created for the customer by MonaWebMasters, is licensed to be used by the client on a one-time-only basis and should not be modified, re-used, or re-distributed in any way or form without the expressed written consent of MonaWebMasters.
MonaWebMasters holds all licenses for plugins, artwork produced or template designs used. The client may request in writing from MonaWebMasters, the required permission to use materials (for which MonaWebMasters holds the licenses) in forms aside from that it had been originally supplied, MonaWebMasters may, at its discretion, grant this. MonaWebMasters reserves the proper to charge the client 50% more of the first cost of the template or artwork supplied.
MonaWebMasters software codes (not including open source software) are copyrights of MonaWebMasters. The codes are often handed over at a further cost to be used once all previous invoices are settled, on the condition that the codes are used just for use or modification for re-use for further development for the required client or subsequent owners of that legal entity. Under no circumstance, the codes are going to be allowed to be used for re-selling or duplication purposes.
- Standard Media Delivery
Unless otherwise laid out in the project quotation, this Agreement assumes that any text are going to be provided by the Client in electronic format (via e-mail, Dropbox or Google drive) which all photographs and other graphics are going to be provided electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by MonaWebMasters to return to the Client any images or printed material provided to be used in the creation of the Client’s website, such return can’t be guaranteed.
- Design Credit
A link to MonaWebMasters will appear in either small type or by a little graphic at rock bottom of the Client’s website. If a graphic is employed, it’ll be designed to suit the general site design. If a client requests that the planning credit be removed, a nominal fee of 20% of the entire development charges is going to be applied. The Client also agrees that the web site developed for the Client could also be presented in MonaWebMasters’s portfolio.
- Access Requirements
If the Client’s website is to be installed on a third-party server, MonaWebMasters must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. counting on the precise nature of the project, other resources may additionally got to be configured on the server.
- Post-Placement Alterations
MonaWebMasters cannot accept responsibility for any alterations caused by a 3rd party occurring to the Client’s pages once installed. Such alterations include, but aren’t limited to additions, modifications or deletions.
- Domain Names
MonaWebMasters may purchase domain names on behalf of the Client. Payment and renewal of these domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain caused by none or late payment isn’t the responsibility of MonaWebMasters. The Client should keep a record of the due dates for payment to make sure that payment is made.
- General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below the agreement or payment of an invoice constitutes agreement to and acceptance of those Terms and Conditions. Payment that is made online or electronically is an acceptance of our terms and conditions.
- Governing Law
This Agreement shall be governed by Australian/Victorian Law.
- Liability
MonaWebMasters hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the results of negligence or other cause within the production of the online site;
- Loss or damage to clients’ artwork/photos, supplied for the location . Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of MonaWebMasters to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the fees purchased the Services under this Agreement in respect of which the breach has arisen.
- Severability
In the event anybody or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and therefore the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall get replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,