These are the standard terms and conditions for web design, development and marketing support and apply to all projects and all work undertaken by Comms Hub for its clients. This Website Usage Agreement ("Agreement") is between a client ("you," "your") and the owners of Comms Hub ("we," "our," "the business").
It is not necessary for any client to have signed an acceptance of these terms and conditions for them to apply. If a client accepts a quote or has accepted a quote, then the client will be deemed to have accepted these terms and conditions in full. Any purchase or use of our services implies that you have read and accepted our terms and conditions. Your participation in the use of this website is conditional on your acceptance of the terms and conditions contained in this Agreement.
OUR FEES AND PAYMENT TERMS
Unless otherwise agreed in writing, all payments must be up front through our online marketing bar. If you are not willing to pay for a project up front, please find another agency. We also reserve the right not to commence any work until the service has been ordered from our bar.
All client communications and correspondence is generally done via emails. It’s your responsibility to keep us updated with your relevant email addresses. We’re often busy working on client projects so we’re unable to take calls and SMS messages directly but we’re more than happy to give you a call. At any time, clients can book a time for a phone call here. Scheduling phone calls allows us to work without being interrupted and allows us to serve our small business clients as effectively and affordably as we can.
INDEMNITY AND QUALIFICATIONS
By working with Comms Hub, you agree that no claim shall be made against Comms Hub and any of its directors, officers, partners, employees or agents (“Indemnified Persons”) to recover any loss or damage which you or its associates may suffer by reason of or arising out of anything done or omitted in relation to the provision of the Goods and/or Services described in the quote, project scope or brief. You must indemnify and keep indemnified Comms Hub and the Indemnified Persons in respect of any claim, action, damage, loss, liability, cost, charge, expense or payment however arising (“Loss”) made or brought against, or paid, suffered, incurred by any Indemnified Person as a result of or in connections with, directly or indirectly, the provision of Goods or Services, described in this quote, including without limitation legal costs on a full indemnity basis. The maximum amount for which Comms Hub or the Indemnified Persons will be liable in respect of Loss made or brought against, or paid, suffered incurred by the Client or related party as a result of or in connection with this quote, is the total fees paid to Comms Hub in relation to this engagement. The remedies contained in this clause are without prejudice to and in addition to any warranties, indemnities, remedies or other rights provided by law, statute and/or under any other provision of this quote for the benefit of Comms Hub.
LAWFUL PURPOSES ONLY
All Comms Hub services may be used for lawful purposes only. You agree to indemnify and hold Comms Hub harmless from any claims resulting from your use of our service that damages you or any other party.
Unless otherwise agreed, quotations are valid for 30 days. Comms Hub reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
PROJECT DELAYS AND CLIENT LIABILITY
Comms Hub is a small business, to remain efficient and affordable we must ensure that the work we have scheduled is carried out at the scheduled time. Please bear in mind, on occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged. With this in mind, we ask that you provide all the required information at the start of the project to ensure that our time is used efficiently on your project and you do not incur any unnecessary additional costs resulting from unnecessary back and forth administration. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose additional charges. Any time frames or estimates that we give are contingent upon your full co-operation. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is also required that a single point of contact be appointed from your business and be made available on a daily basis in order to expedite the feedback process. If you require the project to be put on hold, please advise us in writing in advance. Further details can be discussed if such a situation arises.
SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work if you expect the project to be completed on time. Materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
We consider ourselves to be flexible and approach all variation requests with a ‘can do’ attitude, however we reserve the right to limit the number of changes to a reasonable amount (generally 3-5 modifications that can be completed within the initial brief) and may charge for additional changes if they are beyond the original scope. For website development projects, our website development phase allows certain variations to the original scope. However, any major deviation from the scope will be charged at the rate of $199.00 per hour. Any modifications requested after the ‘go-live’ is approval is given will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will Comms Hub be liable for any delays caused by change in the project brief.
APPROVAL OF WORK
On completion of the work, you will be notified and given the opportunity to review it. You must notify us in writing of anything unsatisfactory within 10 days of the work being completed. Any of the work which has not been reported in writing to us as unsatisfactory within the 10-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed. After the work is completed, deemed to be completed, or go-live approval has been given, all additional work will be billable. Websites can be made live within 3 to 5 working days of a go-live approval being given, providing that the client has given us the relevant details required. Under no circumstances will Comms Hub be liable if you are unable to provide the relevant information to allow your website to go-live.
If you reject any of our work within the 10-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this project as delivered.
Once the project has been delivered, we grant to you a license to use the website and its related contents for the life of the website.
You agree to reimburse us for any requested expenses which do not form part of our proposal and may be unforeseen during the scoping process, including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
WEB DESIGN CREDIT
If you have designed a website with us, a link to Comms Hub will appear in small font at the bottom of your website. You also agrees that your website may be presented in Comms Hub’s portfolio.
Any re-work on an already completed task will attract additional charges. After the work is completed, deemed to be completed, or go-live approval has been given, all additional work will be billable. All additional work, over and above the estimates is charged separately. Under no circumstances will Comms Hub be liable for any delays caused by change in the project brief or client delays.
You must retain the copyright to data, files and graphic logos which you provide to us and you must grant Comms Hub the rights to publish and use such material. You must obtain permission and rights to use any information or files that are copyrighted by a third party. As the client, you are responsible for granting Comms Hub permission and rights for use of the same and agrees to indemnify and hold harmless Comms Hub from any and all claims resulting from your negligence or inability to obtain proper copyright permissions. Evidence of permissions and authorities may be requested.
We do not guarantee any specific position in search engine results for your website. We perform search engine optimisation according to current best practice.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit to get the best outcome for your project.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
Once the website has been made live on your domain, it is your responsibility to take regular full backups. We will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
DOMAIN NAMES AND WEB HOSTING
Comms Hub may purchase domain names on behalf of the client. On occasions, we will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Comms Hub. You should keep a record of the due dates for payment to ensure that payment is received in good time.
CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as Wordpress, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found. While we make every effort to ensure websites are compatible, you agree that Comms Hub cannot guarantee correct functionality with all browser software across different operating systems.
You are responsible for complying with Australian consumer law relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Comms Hub and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of internet electronic
At times, personal information, such as your name and email address are collected in exchange for our content and/or products. We will never force you to give us this information; such activity is strictly voluntary.
We make no income/financial claims, nor guarantee of any kind regarding the potential income that can be generated through our communications or your participation in the purchase of any of our services. Past results are not an indication or promise of your results. We will do everything in our power to help your business obtain results but there is no guarantee you will earn any money using any of our services.
All content of this website is a property of Comms Hub unless otherwise specified. Comms Hub reserves the right to change the content or policies without any prior notice.
If any Terms or Conditions contained in this document are found to be unenforceable for reasons of invalidity or illegality, the remaining provisions shall not be affected in any way whatsoever. The information provided on our website is provided for informational purposes only. The materials are general in nature; they are not offered as advice on a particular matter and should not be relied on as such. Although every reasonable effort is made to present current and accurate information, Comms Hub makes no guarantees of any kind and reserves the right to change the content of this site at any time without prior notice.