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E-DOCUMENTS

TERMS & CONDITIONS

Definition of our terminology as used within this document:

  1. A 'Project' is website design, content or logo work undertaken or service provided by WebCreationAU for the client on their request and as described in our confirmation order email to that Client.
  2. A ‘Service’ is seo, ppc, smm, web care or any other ongoing recurring work we undertake.
  3. A ‘Confirmation order email’ is an email we will send you detailing any project, service or work we undertake. This will include details of the work as well as payment terms.
  4. 'You' or 'Client,' is a person, persons, business or organisation using any of the services provided by WebCreationAU Ltd.
  5. 'We' or 'us', means WebCreationAU
  6. 'Live Mode' means the date the website is available on the client's chosen domain.
  7. 'Domain' is the website address as specified by the client.
  8. 'Open Source Software' is software made freely available to anyone under the GNU General Public License (GPL).
  9. ‘CMS’ stands for Content Management System which is the online software used for you to update elements of the website yourself.
  10. 'WebCare' is a yearly cost to keep a client’s website hosting and support active.
  11. 'mb' stands for megabytes and is a measure of storage space.
  12. 'Content' is both text and images that the client requires on the website.
  13. ‘Text Content’ is the text wording on the clients website.
  14. ‘ContentWriter’ is a copy writing service WebCreationAU offer for a fee.
  15. ‘Copy Writer’ is the person working for WebCreationAU who will create your content.
  16. A ‘Page’ of content shall be up to 500 words.
  17. ‘Site’ or ‘Website’ is the website as seen on the internet and owned by the client. ‘Search Engine’ will include Google, Yahoo and MSN search.
  18. ‘Rank’ is the position of the client’s website on the search engines.
  19. ‘SEO’ (search engine optimisation) is the process of working to attempt to increase the rank of a client’s website on the search engines.
  20. ‘Off Page SEO’ is the attempted optimisation of the client’s website using methods which do not require the editing of a client’s website.
  21. A ‘back link’ is a url link purchased and owned by WebCreationAU from a third party website.
  22. ‘PPC’ (pay per click) is a method of advertising on the search engines whereby the client pays for each click of their advert from the user.
  23. Advertising Spend’ is the financial amount that you will commit to the chosen search engines for your campaign. This doesn’t include the management fee.
  24. ‘Management Fee’ is the charge for WebCreationAU to manage your PPC budget.
  25. ‘Conversions’ is when the client receives an enquiry that has occurred due to the PPC Campaign.
  26. ‘Social Media’ refers to Facebook, Twitter and Instagram.
  27. ‘Likes / Followers’ are 2 of the main things we will report on and measure as part of the Social Media service.
  28. ‘Facebook’ / ‘Twitter’ / ‘Instagram’ are the 3 Social Media sites that we can use to promote your business.
  29. ‘Post’ shall be either a tweet via Twitter.com or a post via Facebook.com or Instagram.

General

  1. The contract between WebCreationAU and the client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
  2. The works to be carried out shall be as set out in the WebCreationAU invoice which can be found attached to the confirmation order email.
  3. WebCreationAU will not tolerate any form of harassment against its employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards our employees thereafter any further communication must be via postal mail only.

Legalities, Copyright and Intellectual Property

  1. WebCreationAU shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Please ensure that any images or content you supply or use on your website, is legally available for you to use. We cannot be held responsible for the illegal use of images, content or format of material supplied by the client. WebCreationAU reserve the right to remove any website from its servers if it has reason to believe that it is operating illegally.
  2. Where images used on the website have been purchased by WebCreationAU on behalf of the client, these images are restricted by license for use on the website only and are limited to 15 images per project. WebCreationAU are not liable for misuse of these images by the client or any other person's copying, altering or distributing the images to individuals or other organisations.
  3. WebCreationAU makes no claims that the project may be lawfully viewed or downloaded outside Australia. Access to this text content may not be legal by certain persons or in certain countries. If this text content is accessed from outside of Australia, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor's jurisdiction. The terms and conditions of this text content are governed by the laws of Australia. Jurisdiction for any claims arising in respect of this text content shall lie exclusively with the courts of Australia. If any provision of these terms and conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
  4. WebCreationAU cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by WebCreationAU.

Communication

  1. Email is our primary method of contact with regard to all communication for your project. Our team are based in various parts of the world including England, Europe, USA, India as well as here in Australia. Email is obviously the most efficient and cost-effective form of contact. If you have any problems with the project that our team is unable to resolve by email, you can contact our project managers via the telephone support service during Australian office hours on 02 8123 0931. For geographical reasons, direct telephone contact with the person assigned to your project may be impractical.
  2. It is the client's responsibility to inform us by email of any change in email address, so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid email address. Some of our systems rely on this email to inform you of various important information. We also advise that client’s check junk and spam folders regularly.
  3. It is important for the client to keep in contact with WebCreationAU throughout the project. If a client does not make contact for more than 2 weeks after a draft has been received, we will make up to 5 attempts to contact the client by email using the email address for the client held on file. If we do not receive a response to these attempts of contact the project will be considered complete. If the client wishes to postpone the project for a period of longer than 2 weeks, please contact us. We reserve the right to levy a $195 administration fee if the client returns after an unapproved postponement where the time since last contact is less than 6 months and wishes to continue work on their project.
  4. If a client returns from an unapproved postponement and the last contact is more than 6 months, we shall need to provide a new quotation for the project and your original payment will be non-refundable or transferable.

Paying for your project

  1. Payment terms for your project or service shall be set out in your confirmation order email.
  2. WebCreationAU own all of any project including images and text until final payment has been received in full. On receipt of final payment full ownership of the project are handed to the client.
  3. All payments to WebCreationAU for any project or service are non-refundable.
  4. There will be no minimum term for our service but WebCreationAU do require a minimum of 1 month notice of a client’s intention to cancel a service. Failure to provide a month’s notice will result in the next month’s invoice becoming due.

Website Design Service

Website Design and Development

  1. Design is subjective, and for this reason we offer 'unlimited design revisions'. This means that we will continue to work with you on your design concept until you are happy with our proposal. The unlimited design revision period ends when the client accepts the design proposal and home page draft. Design changes beyond this point are subject to additional charges.
  2. Design and layout changes to the internal pages of the website are subject to restrictions within depending on what platform we use. These include WordPress, Magento, Opencart and Skadate developments.
  3. WebCreationAU will provide the client with an expected completion time frame for the project (live on the internet) if requested. WebCreationAU will provide a client access to its 'Project Cycle' documentation to ensure a client is fully aware of the responsibilities they have to ensure a successful and timely development. In order to provide a completion date a final list of changes are required from the client.
  4. Open-Source software (OSS) is publicly available software that may be adapted or modified to suit particular applications. OSS may be used to help develop elements of the functionality of the client's website to speed development and add functionality. Where Open-Source software is used, the ownership of the site coding and any customisations made by the developer is still passed to the client upon final payment.
  5. WebCreationAU do not take any responsibility for a client's website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client's website, there could be a change in the websites search engine ranking.

WebCare

  1. Your website will come with one year of our WebCare service if you choose to use this. Please see terms for WebCare below titled ‘WebCare Terms’

Domain Names and Links

  1. If required, a domain name will be registered by WebCreationAU on behalf of the client once we have received payment in full. These are limited to .com.au and .com, any additional domain names can be purchased for an additional charge. Although the domain names are registered to us, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, we will do this within a reasonable timeframe.
  2. Domain names require yearly renewal and there is an associated fee for this. Each client who hosts their website with WebCreationAU receives 1 free domain name renewal every 12 months as part of their hosting providing they pay their hosting renewal fee. This is limited to .com.au and .com domains, any other Top Level Domains will carry separate charges.
  3. Any domain name renewal is the responsibility of the client. WebCreationAU will attempt to contact the client by email up to 2 weeks in advance of a domain renewal being due. If the client doesn’t pay to renew their domain name, the domain name shall not be renewed. We advise that you contact us 50 weeks after you purchase or renew a domain if you wish to renew it for another year.
  4. WebCreationAU provides links or references to our client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended client site at all times.
  5. We place a small text link on the footer of our client's website that simply states the website was designed by WebCreationAU and links to our company website. This link can be removed, if required.

Website Text Copy (Content) & Products

  1. The client will be offered to utilise the WebCreationAU ContentWriter package at an additional charge to the website. If the client doesn’t require this package, WebCreationAU will require the client to send all content that is to be added to the website in a Microsoft Word doc file. This excludes products on an ecommerce site as these are to be added by the client once the site is complete. The website content must be received no later than 4 weeks after the design has been approved and signed off. If the client does not send content within this time period, WebCreationAU reserve the right to make the website live with dummy text and collect full payment.
  2. If your website is an ecommerce store you will need to upload the products yourself using the provided CMS. If you would like us to upload the products on your behalf, we are able to do this for a fee.
  3. Content & Products are not a reason for the website to be delayed by the client. If we do not receive your products or text in a timely manner we will move on to the next phase of the project and a payment may become due. You are able to upload content and products at any stage using the CMS or by purchasing these from WebCreationAU.

Logo Creation

  1. WebCreationAU will create you a logo if you do not already have one. The logo will include your company name and strap line if you have one. We are able to change the font used and the colours used. We will also incorporate royalty free template clip art if you would like. We will carry out a maximum of 1 hours work on the logo including changes. If you would like more than this for your logo, we will recommend our premium logo option at an additional cost.

Support

  1. While a website is hosted with WebCreationAU Ltd, we shall be available between the hours of 8.00am and 4.00pmAEDT Monday – Friday. This excludes all bank holidays. Within a reasonable time period we will look to fix any issues with the website which are not due to a customer’s doing.
  2. WebCreationAU email accounts are available on any device that supports email. These include the Apple iPhone and Samsung Galaxy as well as many others. WebCreationAU will provide instructions on how to setup email on these devices via our support area on our website. We are not able to provide email or phone support for these devices.

ContentWriter Service

Content Creation

  1. Copy writing is subjective, and for this reason we offer 'unlimited text content revisions'. This means that we will continue to work with you on your content until you are happy with our proposal. The unlimited content revision period ends when the client accepts the text content proposal. Text content changes beyond this point are subject to additional charges.
  2. WebCreationAU will provide the client with an expected completion time frame for the creation of the text content if requested.
  3. Text content is provided as a ‘per page’ service. The number of pages of text content we provide shall be based on the amount agreed as per your invoice.

Privacy Policy, General Website Terms & other legal documents

  1. If you choose to use WebCreationAU to upload a privacy policy, general website terms or any other terms, you will be charged extra for this.
  2. If you choose to use WebCreationAU to upload your privacy policy, general website terms or any other terms we would always recommend having these independently checked by a professional legal representative. Our terms cater for most websites and are considered general usage terms. We can offer a bespoke service if you require the terms to be checked by a legal professional.
  3. The privacy policy, general website terms or any other terms that we offer clients will be produced by a third party.

Search Engine Optimisation

  1. WebCreationAU shall create text content with search engine optimisation in mind. This does not mean that the text content has been created specifically to increase a websites ranking on search engines.
  2. If a website does not ‘perform’ to a client’s expectations, WebCreationAU cannot be held liable in any way for this due to the ContentWriter service offered.

GoToSEO Service

  1. If you choose to pay for SEO monthly we will require you to sign up for automated billing. This can be in the form of a direct debit mandate or a card registered with our systems for recurring monthly payments. WebCreationAU require a minimum of 30 days’ notice of a client’s intention to cancel a campaign.
  2. If you choose to pay for SEO upfront, WebCreationAU carry out any work you have paid for and then you will be billed monthly until you provide written cancellation notice. WebCreationAU require a minimum of 30 days’ notice of a client’s intention to cancel a campaign.
  3. If the client has opted for the monthly payment option and chosen, the ‘starter package’ there is a minimum term of 3 months whereby you cannot cancel until after the 3rd month. If you do cancel, we will request payment for any remaining months.
  4. WebCreationAU require a minimum of 30 days’ notice of a client’s intention to cancel a campaign.
  5. If WebCreationAU do not receive payment we will stop working on your site optimisation until payment is received. This may negatively affect your site’s performance on the search engines and the invoiced value will still be due.
  6. WebCreationAU may need to edit your site in order to carry out on page site optimisation work.
  7. If the client makes changes to the website independently, it is the client’s responsibility to ensure WebCreationAU are informed of the changes. Failure to do so could result in a negative campaign performance.
  8. Links used on a client’s behalf as part of an ongoing search engine optimisation may or may not continue to work during the term of the SEO contact or on termination. WebCreationAU will attempt to increase the rank of your website on the search Engines. There is however no guarantee that we can do this. Your monthly payment covers the time used to plan and execute the clients SEO campaign. WebCreationAU cannot be held responsible for Search engine algorithm changes that could negatively affect the ranking of the client’s website.
  9. The strategies and campaign objectives created by WebCreationAU are done so on a per client basis, WebCreationAU cannot be held responsible for any negatively implied impacts of the work completed.
  10. WebCreationAU cannot be held financially liable in any way with regard to your website ranking on the search engines.
  11. WebCreationAU will not disclose any back links that may be purchase as part of your SEO campaign.
  12. The WebCreationAU SEO service is completely separate to any other WebCreationAU service and terms.

PPC Service

  1. Payments will be taken monthly for the WebCreationAU management fee starting on the day the client proceeds and every month thereafter. There will be no minimum term but WebCreationAU do require a minimum of 1 month notice of a client’s intention to cancel a campaign. Failure to provide a month’s notice will result in the next month’s invoice becoming due.
  2. The client shall pay the chosen search engines directly for their advertising spend. WebCreationAU will manage this spend. Where a daily budget has been agreed, the client understands that Google may exceed the daily budget on one day and balance up on a different day as per their terms https://support.google.com/adwords/answer/2375423?hl=en
  3. WebCreationAU can only operate on websites that are permitted to advertise on Google, further information on their policy can be found here https://support.google.com/adwordspolicy/answer/6008942?hl=en&rd=1
  4. If WebCreationAU do not receive payment we will stop managing your PPC account until payment is received. This may negatively affect the client’s website performance and could lead to increased advertising spend.
  5. WebCreationAU will attempt to improve your website traffic using optimized PPC. There is however no guarantee with this service. Your monthly payment covers the time used to plan and execute the clients PPC campaign.
  6. Where conversions are measured in terms of end goals on the client site, WebCreationAU are not responsible for conversions levels in the case of changes to the site / products by the client. For instance, an increase in product price may bring the conversion rate down irrespective of any actions taken within the PPC campaign.
  7. WebCreationAU is not associated with Google

Social Media Service

  1. If WebCreationAU do not receive payment we will stop managing your Social Media account until payment is received. This may negatively affect the client’s website performance and could lead to a fall in likes / followers.
  2. WebCreationAU will attempt to increase your followers / likes on Facebook / Twitter / Instagram. Your monthly payment covers the time used to plan and execute the client’s social media campaign.
  3. The strategies and campaign objectives created by WebCreationAU are done so on a per client basis, WebCreationAU cannot be held responsible for any negatively implied impacts of the work completed.
  4. The WebCreationAU Social Media service is completely separate to any other WebCreationAU service.
  5. WebCreationAU shall make posts on behalf of the client every working day.
  6. WebCreationAU require the client to create a Facebook / Twitter / Instagram account for us to carry out our services. Due to data protection, WebCreationAU cannot do this on behalf of the client. We will then require the client’s login details for all sites in order to carry out our Social Media campaign.
  7. WebCreationAU shall provide a monthly report to the client detailing some of the achievements of the Social Media campaign. WebCreationAU accept no liability for any content posted that is deemed inappropriate by the client. WebCreationAU accept no liability for any content posted on the clients Social Media accounts by another person / user.

Theme Website Design Service

Website Design and Development

  1. WebCreationAU shall provide access to a themes database via our website where the client can pick their desired website theme. This theme is not customisable and therefore we cannot make changes to the layout or design other than inserting / designing a logo. A theme site is pre-designed and when you select a theme, you agree to use this theme in its current design / layout.
  2. WebCreationAU will provide the client with an expected completion time frame for the project (live on the internet) if requested. WebCreationAU can provide a client access to its “Project Cycle” documentation to ensure a client is fully aware of the responsibilities they have to ensure a successful and timely development.
  3. Open-Source software (OSS) is publically available software that may be adapted or modified to suit particular applications. OSS may be used to help develop elements of the functionality of the client's website to speed development and add functionality. Where Open-Source software is used, the ownership of the site coding and any customisations made by the developer is still passed to the client upon final payment.

WebCare

  1. Your website will come with one year of our WebCare service if you choose to use this. Please see terms for WebCare below titled ‘WebCare Terms’

Hosting, SSL and Search Engine Optimisation

  1. WebCreationAU will host the website if the client requires us to do so and on receipt of full payment of our hosting fees. In doing so, WebCreationAU will provide a reliable and professional service to the client at all times, excluding unavoidable technical failures. All standard hosting offered by WebCreationAU is limited to 500mb of website space unless otherwise stated in a separate contract.
  2. WebCreationAU hosting is annually renewable. The date of renewal will be 12 calendar months from the date the website was made live. WebCreationAU will contact the client 6 weeks before the renewal date and hosting services are not obligated.
  3. The hosting renewal charge must be received within 10 days of the hosting expiry date. We reserve the right to deactivate any website when the hosting has expired, and the client has not paid the renewal charge. We reserve the right to charge an administration fee of $95 for reactivating the website/hosting.
  4. If the client does not use WebCreationAU hosting services, then the management and hosting of the domain name are the full responsibility of the client.
  5. If the client does not wish to renew the hosting the site files and associated data can be made available to the client fee free on request and the domain name can be transferred to the client's registrar account. Should the client instruct us to upload and configure the site and domain name to a third-party server this work will be subject to a charge. WebCreationAU reserve the right to delete the website from our servers 3 months after the date your hosting expired if you choose to not renew the hosting.
  6. SSL is provided for 1 year at no charge when you purchase a website and host the website with a WebCreationAU Business, Advanced or Premium hosting package.
  7. The yearly hosting fee also includes 1 years SSL renewal when using the WebCreationAU Business, Advanced or Premium hosting packages.
  8. If letsencrypt.org are not able to provide an SSL certificate for any reason including technical failure, WebCreationAU will make recommendations for other SSL providers. This will be charged at the advertised cost by the SSL provider as well as a $100 installation fee. The client will have the option to proceed with this SSL certificate or not.
  9. WebCreationAU do not take any responsibility for a client's website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client's website, there could be a change in the websites search engine ranking.

Domain Names and Links

  1. If required, a domain name will be registered by WebCreationAU on behalf of the client once we have received payment in full. Although the domain names are registered to us, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, we will do this within a reasonable timeframe.
  2. WebCreationAU provides links or references to our client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended client site at all times.
  3. We place a small text link on the footer of our client's website that simply states the website was designed by WebCreationAU and links to our company website. This link can be removed, if required.

Logo Creation

  1. WebCreationAU will create you a logo if you do not already have one. The logo will include your company name and strap line if you have one. We are able to change the font used and the colours used. We will also incorporate royalty free template clip art if you would like. We will carry out a maximum of 1 hours work on the logo including changes. If you would like more than this service for your logo, we will recommend our premium logo service at an additional cost.

Support

  1. While a website is hosted with WebCreationAU Ltd, we shall be available between the hours of 9.00am and 5.30pm Monday – Friday. This excludes all bank holidays. Within a reasonable time period we will look to fix any issues with the website which are not due to a customer’s doing.
  2. WebCreationAU email accounts are available on any device that supports email. These include the Apple iPhone and Samsung Galaxy as well as many others. WebCreationAU will provide instructions on how to setup email on these devices via our support area on our website. We are not able to provide email or phone support for these devices.

WebCare Terms

  1. WebCreationAU will provide WebCare for the website if the client requires us to do so and on receipt of full payment of our hosting fees 12 months after the website went live. In doing so, WebCreationAU will provide a reliable and professional service to the client, excluding unavoidable technical failures. All hosting offered by WebCreationAU is limited to 1000mb of website space unless otherwise stated in a separate contract.
  2. WebCreationAU WebCare is annually renewable. The date of renewal will be 12 calendar months from the date the website was made live. WebCreationAU will contact the client 6 weeks before the renewal date and WebCare services are not obligated.
  3. The WebCare renewal charge must be received within 10 days of the WebCare expiry date. We reserve the right to deactivate any website when the WebCare has expired and the client has not paid the renewal charge. We reserve the right to charge an administration fee of $100 for reactivating WebCare.
  4. If the client does not use WebCreationAU WebCare services, then the management and hosting of the domain name are the full responsibility of the client.
  5. If the client does not wish to renew WebCare, the site files and associated data can be made available to the client for free on request and the domain name can be transferred to the client's registrar account. Should the client instruct us to upload and configure the site and domain name to a third-party server this work will be subject to charge.
  6. WebCreationAU reserve the right to delete the website from our servers 3 months after the date your hosting expired if you choose to not renew WebCare.
  7. WebCreationAU offer free SSL with sites we host and manage DNS for. If you wish to manage DNS independently, we cannot provide support for SSL.
  8. Payments for WebCare products are non-refundable and non-transferable.

GotoVideo Service

  1. WebCreationAU will create a video as per the details set out in your invoice. The length of the video will be detailed in the invoice.
  2. Payment for the video will be 100% upfront.
  3. WebCreationAU may use pre-created video, animation, graphics or images as part of your video. As the client you will not own the copyright to this content.
  4. We offer up to 5 revisions to video whilst it is being created. Once you have signed off the video and agreed via email that it is complete, we will charge for additional changes required.
  5. If your video contains ‘voice over’ then we may use voice over software to produce the voice over. This will therefore be a simulated human voice produced by the software.
  6. We will upload your video to the WebCreationAU YouTube channel. You can use this video for use digitally, such as your website.

Facebook Ads Service

  1. Payments shall be taken monthly for the WebCreationAU management fee starting on the day the client proceeds and every month thereafter. There will be no minimum term but WebCreationAU do require a minimum of 1 month notice of a client’s intention to cancel a campaign. Failure to provide a month’s notice will result in the next month’s invoice becoming due.
  2. WebCreationAU will only work on a clients Facebook Ads providing the client has paid in advance for the month. If payment is not received, work shall cease, and this could negatively affect the advertising performance.
  3. WebCreationAU can setup a Facebook account on behalf of the client providing they provide us with their full details. The client is advised to change login / password credentials. The client should also check all details including the email address to ensure they are correct.
  4. The client shall pay Facebook direct for any advertising spend used. The is amount shall be on top of the WebCreationAU management fee.
  5. WebCreationAU reserve the right to decline working on a Facebooks Ads campaign prior to starting work.
  6. WebCreationAU will attempt to increase traffic to a client’s website and enquiries. WebCreationAU offer no guarantee that the advertising will do either of these things.
  7. WebCreationAU is in no way associated with Facebook.