Website Design Terms of Service
The client understands that completion and start dates are an estimate and delays can occur due to unforeseen technical circumstances, delayed submission of content or extended revision changes. If delays occur, the start and completion dates will be updated accordingly. The client agrees there will be one point of contact for decision making on changes or requests.
A site design mock up will be provided (If needed or excluding custom backend web development) and required for approval and sign off before the build process begins. This will include a mock up of the home page and one internal page as a guide for the design styling and branding guidelines. Quotation is based on up to 2 design revision alterations after the first presentation of the mock up design. Each revision of changes are to be made in bulk via the shared online Google task sheet. Additional revision changes are subject to additional costs. After the mock up design is approved, any major changes to the site design or theme after the site build has commenced, may incur additional charges.
Once the website is presented the client will have an opportunity for up to 3 alterations of basic layout of content or additional minor elements added, relocated or removed. Each revision of changes are to be made in bulk via the shared online Google task sheet. Additional revision changes are subject to additional costs.
Consultation time included in this project is based on a 1 hour strategy planning meeting and up to 3 hours of consultation time throughout the project. Consultation time includes both phone, email or in person meetings. We are flexible in most scenarios if issues arise.
Additional features requested after the date of quotation will be subject to additional charges and in some cases may not be possible due to technology limitations. Please ensure you have planned the website functionality requirements well before accepting this quotation.
Projects where custom web development requires problem solving or custom coding, quotations are provided as an estimate only and are subject to change based on unforeseen technical issues or delays identified during the development process and the client accepts that additional fees may need to quoted.
IT related issues including email are not the responsibility of Kick Media and need to be dealt with by your own IT professional. Hosting issues are also not the responsibility of Kick Media and need to be dealt with directly with your hosting company. Kick Media will implement all possible security measures however will not responsible if your website is hacked. An hourly rate of $155 per hour will be charged to fix any website hosting or hack related issues.
All sites completed will be optimised for speed, however requested plugins or previous site functionality transferred to a new site can result in a slower than normal site efficiency. Your existing hosting configuration can also affect site speeds. The client accepts that in some cases the solution may require new hosting or Cloudflare hosting to fix any speed issues.
Quotes include a basic level of onsite SEO optimisation and will factor in transfer and replication of the major onsite SEO factors from your existing website. All sites are built differently so the client accepts there is always a risk of SEO rankings being affected when building or replicating a new or existing site and Kick Media will not be liable. So far all new sites we have built have retained rankings or received an instant boost in SEO rankings directly after being built.
The client agrees to provide all body content and images requested for the new site prior to the estimated start date outlined in this agreement or unless purchasing our Website Transformation plan. Delays caused by the late submission of images or content will extend start and completion dates. If delays are caused due to late submission of any type of content; we may be required to prioritise new projects to start which could significantly delay new start dates, even if full payment has been made.
Any request to cancel after website production has begun will forfeit refunds on a portion of the total payment respective to the amount of work completed so far. Any website production and progress that is over 50% complete will not be eligible for refund. Any request to pause production on the website progress or launch date after a site completion has been presented for approval or feedback, will not be eligible for any refund.
The site progress will be presented up to 1 week prior to the estimated completion date. The client agrees to provide feedback on any final revision changes within 2 business days of the presented site progress or subsequent presented changes thereafter. After the 3rd revision of changes are completed the client agrees to accept or request further revision changes. Additional revision changes will then be quoted accordingly.
This website project agreement is made and entered into between kick media pty ltd, having a principle office at Suite 112, Level 6, 25 king Street, Bowen Hills, 4006.
General Terms of Service
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Kick Media. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
1. Refund Policy: Given the nature of the Services provided, refunds for services rendered will not be entertained or considered. You understand that the services offered by the Provider are time-sensitive and require prompt execution. As such, any request for refunds shall be deemed invalid.
2. Chargebacks Prohibition: You expressly acknowledge and undertake not to initiate any chargebacks on credit/debit card charges related to your engagement with Provider. By making a payment, you agree that any dispute or concern related to the services shall be resolved in accordance with the Dispute Resolution provisions outlined in this Agreement.
3. Chargeback Consequences: In the event that you initiate a chargeback for a credit/debit card charge related to a payment initiated by you, Provider reserves the right to pursue remedies to recover the disputed amount, as well as an additional administrative fee of $250. These remedies may include, but are not limited to, recharging your credit/debit card for the disputed amount or engaging a collection agency to recover the outstanding amount.
4. Early Termination and Dispute Resolution: Should you decide to terminate this Agreement prematurely or encounter concerns regarding the quality, effectiveness, or any other aspect of the Services provided, you acknowledge the necessity of adhering to the Early Termination and Dispute Resolution provisions as outlined in this Agreement. Any disputes or concerns shall be addressed through open and transparent communication, in accordance with the Dispute Resolution provisions
Early Termination and Dispute Resolution
1. Early Termination and Compensation: In the event of early termination of the Contract by the Client before the agreed-upon term, the Client acknowledges and agrees to compensate the Agency in an amount not exceeding 39% of the remaining and agreed project value. The exact compensation amount shall be determined by the Agency based on the remaining term and costs incurred due to premature termination.
2. Dispute Resolution: The Parties recognize the importance of open and transparent communication in maintaining a healthy business relationship. Should any questions, concerns, doubts, or issues arise regarding the services provided under this Contract, both Parties shall engage in good faith discussions through formal written communication. The Client shall provide the Agency with the opportunity to address and resolve any such matters in a timely manner.
3. Good Faith Communication: The Client agrees to communicate any questions, concerns, doubts, or inquiries regarding the effectiveness or progress of the services rendered by the Agency promptly and in a formal written manner. The Agency shall be provided with an adequate opportunity to address, negotiate, or make adjustments to the services as needed to meet the Client’s expectations.
4. Voiding of Contract: Failure by the Client to engage in good faith communication, as outlined in Section 3, shall be considered a breach of the Contract terms. The Agency reserves the right to void the Contract and pursue legal action against the Client’s actions. This may include seeking compensation for damages incurred as a result of the voided Contract.
5. Unjust Disputes and Penalties: If the Client initiates a chargeback, dispute, or similar action with their bank, credit card company, or other financial institution without first attempting to address the issue with the Agency, the Client agrees to pay all charges and fees associated with such actions. Additionally, the Client acknowledges that unjustly disputing charges may result in a penalty, and the Client shall be liable to pay a penalty equivalent to $250 as a consequence of initiating an unjust dispute.
6. Legal and Public Repercussions: The Client acknowledges and agrees that if the Client initiates an unjust dispute with the intent to harm the Agency’s reputation or to avoid legitimate payment obligations, the Agency reserves the right to pursue legal action to recover all amounts owed, seek damages for any harm caused, and disclose the unjust dispute to relevant parties, including but not limited to industry associations and public forums.
7. Governing Law – Queensland: This Clause shall be governed by and construed in accordance with the laws of the State of Queensland. Any disputes arising under or in connection with this Clause shall be subject to the exclusive jurisdiction of the courts located where the Company is headquartered in Queensland, Australia.
Kick Media will not divulge any personal contact information or billing details to any third party. All billing details are securely managed within our online merchant facilities with access only able by the financial controller working for Kick Media. Upon signing up to any Kick Media services the client agrees for Kick Media to publish positive performance data on Kick Media sales and marketing materials including web pages, emails and printed materials.
Kick Media will also from time to time review your marketing information for internal and commercial training purposes which may include a review of your website and advertising data with in our secure learning management platform. No sensitive billing or personal contact information will be viewed or shared in any of our training material. Clients can request that we do not use their website or marketing performance data for any purposes which will then be removed instantly from our training programs, websites and sales materials. We constantly review our systems and data to ensure the best possible service to our customers.
Client billing and contact records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Both parties will, at their own expense, defend, indemnify, and hold the other, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
The Client agrees that the Agency may, from time to time, share testimonials and results achieved as a result of services provided for marketing purposes. The Client can request that personal and brand information be omitted from case studies and testimonials.
No Disparagement or Misappropriation
At no time (i.e., indefinitely) following the signing of this agreement shall the Client make any statements online or offline, or take any other actions whatsoever, to disparage, defame, sully or compromise the goodwill, name, brand or reputation of the Agency or commit any other action that could likely injure, hinder or interfere with the Agency’s business, business relationships or the Goodwill of the Agency.
Disclaimer Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
-excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
-excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Bank transfer, Visa and Mastercard are all acceptable methods of payment. All goods and projects remain the property of the Company until paid for in full. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full. The client agrees by all Eway & Premium Web Cart payment terms and conditions. The client agrees the Company is not liable for any failed payments, automated payment errors or back payments charged by Eway or Premium Web Cart for all monies owed to the Company. Any payment errors where money is not owed to the Company, money will be refunded in full.
When purchasing from the Company, card details are transmitted through Premium Web Cart using a secure encrypted server which is 128 bit military grade SSL certified. Premium Web Cart is PCI DSS Compliant and tested daily by Hacker Guardian and secured by Comodo. Your card data is hosted by Eway after processing for your recurring subscription and is encrypted using Thales to provide the highest level of bank-grade security.
Cancellations for plans on a month to month or weekly basis must be requested before the next billing cycle begins and can not be updated during the current billing cycle. This includes if invoices have not yet been paid and work has begun for that month. Kick Media requires this notice in order to provide a handover and re-allocate resourcing. Notification can be given via phone, in person, email, or whatever communication means that is clear and traceable. Upon cancellation we will leave you with an account that is fully optimised and at no point in time will you be guarded or restricted from accessing your account. Any new Google AdWords accounts opened on your behalf will always remain your property.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway or completed. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded. The Company does not require a contract period, however the Company maintain all management rights at their discretion for the duration of any remarketing tags created up to a maximum period of 12 months.
The Company, directors or contractors of the Company are not liable for any changes made by Google which effect the performance or capability of any products and services sold. In the event that Google makes changes that affect our strategies, refunds will not be made on any product or service that is affected by Google changes, however credit or product transfers to alternative product strategies will be made available. The Company is not liable for refunds of management fee or advertising costs as a result of advertising performance or miscommunication by the Client or the Company.
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
Kick Media Pty Ltd is a registered company in Australia ACN: 111 335 329