Details

05

Jan

webbactivemedia terms and conditions 2012

Written by Jeremy Webb

Category: Blog

Hits: 305

We offer a wide range of digital marketing services to our clients from strategic planning through to helping with implementation. We want to ensure our relationship with clients is clear, fair and transparent.

We hope this plain English guide to our terms and conditions will help explain our simple approach to managing your projects and ongoing tasks.

Projects

Projects are typically used for one off jobs that can be described in a project specification or proposal. They will be defined, costed and have a timescale for delivery. Examples are our popular “Internet Marketing Reports” or web site design and development.

Each project has a number of phases as illustrated:

Project proposal 

Defines the exact specification of the project, itemising costs and timescales.

Initial Invoice

Once the project is approved as per proposal, an initial invoice of 30% is issued. The project starts once the initial invoice is paid. 

Project delivery

The project is delivered, and we enter the 

Revision period

The client has 7 days to throughly review the completed project and submit any alterations or modifications. Any changes outside of the original project specificiation will be charged at our normal hourly rates.

Final invoice

A final invoice for the balance of the project investment is issued. On payment of the invoice, the project is handed over to the client, and the project goes “live.”

Ongoing contracts

Ongoing contracts are set up to cover tasks such as maintenance (backups, updates, security monitoring) or social and search marketing.

We will agree with you a maximum monthly fee for your ongoing contract.

We will precisely track our time on your project, and on a monthly basis provide you with a breakdown of what we have done for you and how much time this has taken.

A sample transparent reporting timesheet.

 We will invoice you for the time spent on your ongoing contract.

Fees:

We will confirm our fees for your ongoing project with you, and advise you of any variation. We hope you find this clear, transparent approach to our relationship with you refreshing and honest.

Payment terms

• Invoices are due for payment on reciept.

• After 7 days we'll send you reminders every week.
• If you have not paid an invoice in 30 days we expect to be contacted with a repayment schedule. We reserve the right to charge interest on overdue payments at the rate of 8% plus the reference rate on any amounts not paid within 30 days.
• If any invoice remains unpaid for more than 60 days, we will freeze your account. This means that no further work will be completed until the invoice is paid. 

You will remain liable for all fees during any period when services have been discontinued or suspended due to a failure on your part to comply with these terms and conditions.

You payment will not include any set off, counter claim or deduction without agreement in writing with us.

Webbactivemedia Ltd reserve the right to prioritise early paying clients. We also reserve the right to charge a fee for urgent work with a short turn around  by agreement.

The agreed project costing is conditional on you supplying any content (images, text or other digital files) we require for a project stage or web site completion deadline agreed within 14 working days of confirmation of order. Webbactivemedia Ltd reserves the right to update costings in line with current charges if this condition is not fulfilled.

Liaison with a 3rd party web hosting company (i.e. other than our hosting service, Search Engine Friendly Hosting) is charged at our standard hourly rate.

All intellectual property rights remain with Webbactivemedia Ltd until full payment has been made.

Service levels

We aim to:

• Reply to any communication within 24 hours.
• Complete project work on time and on budget.
• Complete unscheduled work within 7 days.

Please be aware that completion of unscheduled work is entirely dependant on existing work loads, but we will always try to service important or urgent tasks with due attention.

Communication

For project and some ongoing work, we may set up an account for you in our project management system, BaseCamp. All communication should then go through the BaseCamp system. If you need help or training on how to use BaseCamp, do say.

Alternatively you can email us at This email address is being protected from spambots. You need JavaScript enabled to view it.

Limitation of liability

All terms conditions, warranties, undertakings inducements and representations, whether express or implied, statutory or otherwise relating to the provision of services by Webbactivemedia Ltd not contained in the Agreement are excluded and Webbactivemedia Ltd WILL NOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL LOSS OR DAMAGE) HOWEVER CAUSED (WHETHER BY NEGLIGENCE OR OTHERWISE) WHICH MAY BE SUFFERED OR INCURRED OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY with respect to the service.

Where any applicable legislation implies any term, condition or warranty into the Agreement or in respect of Webbactivemedia Ltd relationship with you, or otherwise gives you a particular remedy against Webbactivemedia Ltd and the legislation or any other legislation renders void or prohibits provisions excluding or modifying the application of, exercise of, or liability under such implied term, condition, warranty or remedy will be deemed to be included in the Agreement or as the case may require apply to the relationship between Webbactivemedia Ltd and you. However, Webbactivemedia Ltd liability for any such breach of such implied term, condition or warranty or under such remedy, will be limited, at Webbactivemedia Ltd option, in any one or more of the ways permitted in that legislation, including, where so permitted if the breach relates to Services the supplying of those services again or the payment of the cost of having those Services supplied again.

You acknowledge that web sites cannot be guaranteed to be 100% error free in construction and acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate this agreement.

Suspension of services

Webbactivemedia Ltd reserves the right to suspend services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us websites may be taken down until payment is confirmed.

Webbactivemedia Ltd may from time to time and without notice or liability to you suspend any of the services if the reason for doing same is an event beyond the reasonable control of Webbactivemedia Ltd.

Termination

Webbactivemedia Ltd may discontinue services if an amount payable to Webbactivemedia Ltd is overdue or take down a website permanently in any case where an amount payable is overdue by more than 30 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties.

In the event of cancellation of the project, an invoice will be sent for the hours already worked on the project.

Contents of Web Pages and Undertaking

You will be solely responsible for the content of your Web Page/undertakings. Webbactivemedia Ltd is not responsible for proof reading any content unless specifically agreed.

Webbactivemedia Ltd makes no representations to you concerning the content or functionality of your Web Site. This is your responsibility to ensure that it meets your requirements.

If you provide Webbactivemedia Ltd with goods, material, photographs, film, data or information to be used in any form, you hereby warrant that these do not infringe the rights of third parties and indemnify Webbactivemedia Ltd against any action taken against Webbactivemedia Ltd by any such third party.

Without limiting the generality of the foregoing, you agree not to infringe the copyright trademark, privacy or personal or proprietary rights of third parties, supply libelous, abusive, obscene material or disparage the products or services of any third party.

Webbactivemedia Ltd for its part hereby undertakes not to knowingly infringe the rights of third parties in activities conducted on your behalf.

You are solely responsible for dealing with persons who access your data or webpage and warrant that you will not refer complaints or inquiries in relation to such data to us.

The website will look very similar on all modern web browsers but it may not look exactly the same due to difference in the way browsers render pages and differences in computer operating systems. The web page may not look the same on older browsers as they are not compatible with modern markup standards. The content of the web site will be accessible on all web browsers. The finished design will be close to the graphic template layout, however it is not always possible to exactly reproduce a graphic design as a web page using HTML and Cascading Style Sheets. There may be differences between the graphic template design agreed upon and the finished web page.

We are proud of the work we do. Unless otherwise agreed an unobtrusive credit with a hypertext link may be placed in the footer on each page of the web site.

Technical Support, Changes and Maintenance

Technical assistance via telephone or email will be offered as part of our service to you. Extensive queries taking more than 10 minutes to deal with or site maintenance will be charged at our standard hourly rates.

Web Hosting

It is always more efficient for us to use our own hosting service (Search Engine Friendly Hosting - sefhost.com) when creating sites. If you choose to use a 3rd party web hosting service, we will arrange for final upload to that service.

Please note that Webbactivemedia Ltd accepts no responsibility for delays or down time, breakdowns or data loss caused by Internet Service Providers (ISPs)

Dispute Resolution

The parties agree that if any dispute should arise under this agreement, attempts in good faith by both parties will be made to resolve the matter fairly before resorting to court procedures. In doing so, each party agrees to use its best endeavor to:

• Clearly communicate in writing the background facts leading to or causing the dispute
• Set out clearly what action is required to settle the dispute
• Select a way of resolving the dispute and explain why that way of resolving the dispute can be said to be a fair resolution
• Discuss specific means of avoiding such disputes in the future

Attempts to resolve the dispute must follow the following procedure:

a) The person complaining shall set out in writing the background, the issues and the outcome desired.

b) The person to whom the complaint is addressed will reply in writing within 10 business days to each issue in dispute setting out its perspective on the issue and the outcome desired.

c) If the dispute is not resolved in accordance with this exchange of written issues and outcomes, then the complainant will raise the matter with a neutral professional adviser or Alternative Dispute Resolution (ADR) provider listed in a relevant publication of the Department of Workplace Relations and Small Business or similar government department within 10 business days.

d) If the dispute is not resolved in accordance with such reference, the matter shall be referred to a single agreed arbitrator within 10 business days; whose decision shall be final.

e) In the case of disagreement on the appointment of a single arbitrator, then the parties shall be entitled to nominate one independent arbitrator with 7 days of disagreement and a coin will be tossed by an independent person to decide which will act as arbitrator of the dispute.

f) Action taken to settle the dispute at each stage must be undertaken promptly and the parties shall equally share the costs associated with the dispute settlement procedure.

Intellectual Property

All creation files remain the property of Webbactivemedia Ltd.

Webbactivemedia Ltd retains the Copyright in and the right to use all artwork created in advancing the profile of Webbactivemedia Ltd and to be recognized for artwork created by Webbactivemedia Ltd.

Webbactivemedia Ltd shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute any item from your Web Page unless specifically agreed otherwise. Further, Webbactivemedia Ltd shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.

Webbactivemedia Ltd observes Privacy Laws and Guidelines relating to personal data.

General

If any of these terms and conditions (or part of them) is void or unenforceable, it is taken to be removed and no longer forms part of the Agreement between us. The remaining terms and conditions remain in full force and effect.

Written communications between us may take the form of letters, formal documents, faxes or emails.

Webbactivemedia Ltd may require a personal guarantee from the Director of a company in cases where files/artwork is required before payment.