By agreeing to proceed with website design & upon paying the deposit to Michael’s Computer Services (referred to here after as MCS), the client accepts that the following forms a contract between the client & MCS, and is binding in conjunction with any design quote and or tax invoice client has received from MCS.
Section A – FINANCIAL ARRANGEMENTS
- MCS web design services are provided at the stated amount and/or rate outlined in client’s quote. Unless otherwise agreed in writing, web design projects do not include domain name registration or transfer, webhosting or tuition. These are available through MCS at additional charges.
- A 50% deposit of the total fees outlined in client’s quote are due immediately upon client instructing MCS to proceed with the website design work, with the balance payable upon completion. Completion is defined as a finished project ready to be sent live, with allowance for minor changes such as spelling.
- All deposits paid becomes non-refundable as soon as web design work has started.
- All balances must be paid in full prior to the website going live, and be settled prior to administrator access being provided to the client by MCS.
- If the website is put on hold by the client (or MCS, where MCS has been kept waiting for additional information or photos) for a continuous period over 4 weeks, the remaining balance of all monies owing becomes payable immediately by the client. MCS reserves the right to cancel the project if the client fails to provide required information within a 4 week period.
- An additional $150 administration fee is required per website to resume a project that has been put on hold by either MCS or the client. Projects can only be resumed within 30 days of the project being placed on hold or all monies paid are forfeited.
- MCS reserves the right to change prices of design projects or services at any time; however all pricing quoted in writing is guaranteed for a period of 30 days from the date of the quote.
Section B – CANCELLATION & REFUNDS
- All deposits received are non-refundable & are not transferable after design work has started.
- Cancellation of the quoted design project must be notified in writing via email. If design work has been started, cancellations are only accepted at the discretion of MCS, and any outstanding balances may become payable immediately regardless of the stage of design or production of the project.
- Non-payment of any outstanding amounts may be passed onto a debt collection agency for full payment recovery plus expenses.
- A refund of deposit will only be issued if the client cancels the project before design work has commenced, or MCS is unable to provide the quoted project.
- Payments received for hosting and domain names are non-refundable once provisioned.
- MCS do not offer refunds for hosting server, service or software interruptions outside their control.
Section C – GENERAL
- Although MCS endeavor to complete every project within the quoted timeframe, MCS cannot be held responsible for delays in the design or development of any website project.
- Unless otherwise agreed, websites will be hosted by MCS. Customers wishing to use alternative hosting, must confirm such hosting is suitable for the website being built by MCS.
- Individual accounts are for the intended use of the account holder only.
- MCS does not allow any of the following content to be stored on its servers:
(a) Illegal material, including copyrighted works, commercial audio, video, or music files, or any material of any type in violation of any federal, state or local law or regulation anywhere in the world.
(b) Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes “adult material” is entirely at the discretion of MCS.
(c) Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing etc. material or encrypting of any of the above. This also applies to sites which provide links to or ‘how to’ information about such material.
- Unless otherwise agreed all websites will have a discreetly placed ‘Web Design by MCS‘ or similar, linked to the MCS website.
- MCS does not control the interaction between clientr website and its visitors and therefore will not be held responsible for malicious software, viruses or website hacks, that may occur on the client’s website.
Section D – WEBSITE DESIGN
- All website designs and quotes are based on the brief given to MCS by the client, which specifications are outlined in a written quote provided to the client.
- All information and photos relevant to the website design project must be provided to MCS at the time of paying the deposit. Such materials may include, but are not limited to, photographs, written copy, logos and other prepared material. If the deposit is paid and MCS are kept waiting for additional information or photos for a period exceeding 4 weeks, the website project will be placed on hold, and become subject to Section A clause 5.
- The client must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that is supplied to MCS to include in the client’s website. The client must indemnify MCS and hold MCS harmless from any claims or legal actions related to the supplied content of the client website.
- The client must supply all material for the website project electronically. Electronically is defined as material supplied via email, file transfer (eg. Dropbox), or on CD/DVD or USB drive. Accepted formats include typed copy in Microsoft Word, OpenOffice or compatible format, photos in JPG or PNG format, and logos in PNG or EPS format. Any material not supplied in these formats, if accepted, will incur additional charges.
- On completion of the design work, the client will be notified and have the opportunity to review it. The client must notify MCS in writing of any changes required within 7 days of such review notification. Any of the work which has not been reported in writing to MCS as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work will not subsequently be changed and the contract will be deemed to have been completed and the balance of monies owing will become due.
- MCS reserves the right to limit the extent of website changes during the review period, and reserves the right to charge for additional work if client make a significant change. A significant change is defined as any major deviation from the original design specification outlined in the quote. Any additional work for major changes will be charged at our normal hourly rate of $75 inc GST, and become payable in addition to the balance of the quoted project price.
- Once the client have paid MCS in full for the design project, MCS grants to the client a license to use the website and its related software and contents for the life of the website. Administrator access will be granted to the client, and the client is then responsible for any copy, editing or updating of their website content. MCS will not be held responsible for errors or corruption of the website due to client management of the website. Any corrective or further design work requested to MCS by the client will be charged at our normal hourly rate of $75 inc GST.
- MCS builds all sites on the latest versions of CMS software available at the time. MCS is not responsible for automatically installing future versions of any CMS or website software. Any requests for updates to the client’s website will be chargeable at our normal hourly rate of $75 inc GST.
- MCS performs basic search engine optimization for the client’s website during creation. MCS will submit the website to Google search engine upon completion of the project. MCS cannot guarantee acceptance by Google of the website, and cannot guarantee any specific position in search engine results for client’s website.
- MCS creates all client website projects in good faith, but cannot guarantee the success of the website for its intended use. MCS shall not be liable, under any circumstances, for any loss of business, profits, goodwill, or failures to achieve intended or projected outcomes.
- Client’s website will only go ‘live’ after full payment for monies owing has been received.
- The client is responsible for maintaining their own backups with respect to the website content, and MCS will not be liable for automatic restoring of client data or client websites.
Section E – HOSTING & DOMAINS
- Unless otherwise agreed, websites created by MCS will be hosted on MCS provided servers.
- Clients wishing to use alternate hosting, need to confirm such hosting as suitable for the client’s website built by MCS.
- MCS does not give a 100% guarantee that there will be no hosting interruptions or downtime from its hosting suppliers.
- If the client elects to use alternate hosting, MCS will prepare (after any outstanding balances are paid), a set of files for upload and installation on the alternate host. MCS will endeavor to install the completed website on the alternate host, subject to the client supplying correct and current administration access details to MCS.
- All fees paid for hosting and domain name/s are non-refundable, once purchase has been provisioned.
- MCS provides a 24/7 email support desk for all of its clients on the main MCS website – http://www.mcsit.com.au. All queries or questions should be directed through the MCS support desk and the ticket system. The support desk provides a comprehensive laclientt of tutorials and FAQ’s to assist client with a question related to their website. In most cases, the answer can be found within the information on the support desk, and MCS advise that client browse through this prior to submitting a support ticket. Support tickets are answered during normal business hours Queensland AEST.
- Payment for all 12 month hosting and domain registration periods, will be due on the anniversary of MCS providing administration access to client’s website, using the payment method on file unless otherwise instructed. EFT payments must be received as cleared funds by the anniversary date to prevent suspension of hosting and or clientr domain name/s.
- The client agrees that it is not the responsibility of MCS to provide knowledge or support outside of the defined hosting services provided by MCS or website/s designed by MCS.
Section F – DOMAIN REGISTRATION
- MCS cannot guarantee a requested domain name will be available.
- An ABN or ACN will be required for the registration of an Australian ‘.com.au’ domain name. If a ‘.com’ is registered, the ownership of that domain will be registered to the client.
- All Australian ‘.com.au’ domain names purchased by MCS will be for a 2 year period. The registration of a ‘.com’ domain name will be for 1 year.
- Domain names will always remain the property of the Client.
Section G – TRANSFERS
- MCS websites cannot be transferred away from MCS servers other than by agreement and only after payment of any and all outstanding fees are received. If a transfer is agreed, MCS will prepare a set of files containing the contents of client’s website ready to transfer. An administration fee of $249 inc GST is payable for this process.
- No responsibility can be taken by MCS for website or email disruption during any part of the transfer process.
- MCS cannot provide support for any website MCS do not host on their servers.
- If client is transferring an existing website to MCS, a one-off $249 inc GST transfer fee, plus a minimum $143 inc GST annual hosting fee applies.
- If client is transferring an existing website to MCS, MCS cannot transfer client’s existing emails to MCS hosting platform. MCS recommends client download all emails prior to transfer to MCS. Emails will be available for pick-up once the transfer of client’s website is complete. MCS cannot be held responsible for any emails lost during the transfer period and MCS recommends an alternative email address (hotmail, gmail, outlook or similar), be used during that time.
Section H – DISCLAIMER
- MCS shall not be liable, under any circumstances, for any loss of business, profits, goodwill or data, loss of use, interruption of business, or for any indirect, or consequential damages that result in any way from the client’s use of, or inability to use MCS services, or that results from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or software.
- MCS cannot be responsible for any damages that may be suffered resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions, including interruption at payment gateways or email interruption or through receipt of spam emails.
- MCS makes no representations, warranties or assurances that the client’s equipment will be compatible with the MCS service or hosting platforms.
Section I – TRADEMARKS & COPYRIGHTS
- The design of client’s website (the look and feel) is under copyright and license from MCS for use by the client. Client is prohibited from selling, replicating or reproducing any of the design of client’s website without written permission.
- The client warrants that it has the right to use any applicable trademarks on their website.
Section J – LAWFUL PURPOSE
- The client may only use MCS servers for lawful purposes. Transmission of any material in violation of any federal, state or local regulation is prohibited.
Section K – LIMITED LIABILITY
- MCS does not warrant that the service will not be interrupted or error free; nor make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the MCS servers, unless otherwise expressly stated in this Agreement.
- Under no circumstances, including negligence, shall MCS, its officers, agents or anyone else involved in creating, producing or distributing MCS web design services be liable for any damages that result from the use of, or inability to use the MCS service or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to communication failure, theft, destruction or unauthorized access to MCS’s records, programs or services.
- Notwithstanding the above, the client’s exclusive remedies for all damages, losses and causes of actions shall not exceed the aggregate dollar amount which the customer paid during the term of this agreement and any reasonable attorney’s fee and court costs.
Section L – GOVERNING LAWS
- This agreement shall be governed in all respects by the laws of Queensland Australia. The parties irrevocably submit to the jurisdiction of the courts of Queensland Australia.
Section M – SEVERABILITY
- Each provision of this agreement including these terms and conditions is severable and if provisions of this agreement or terms and conditions are held to be invalid or unenforceable, such provisions may be removed and the remaining provisions may be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.
Section N – CONTRACT REVISIONS
- Revisions will be considered agreed to by the client as specified in Section A. Financial Arrangements.
- This agreement constitutes the entire understanding of the parties. Any changes or modifications to this agreement thereto, are agreed to by both parties upon renewal of services.
- These terms and conditions should be read in conjunction with any quote and/or tax invoice for clientr MCS web design project.