Terms & conditions
By agreeing to proceed with a website project with Muze Digital, you accept that the following forms a contract between Muze Digital and yourself as the CLIENT. These terms and conditions should be read in conjunction with any quote or invoice you receive from Muze Digital.
The CLIENT is engaging MUZE DIGITAL, as an independent contractor for the specific project of developing and/or improving a website, using the WordPress platform and a suitable template, to be installed on the CLIENT’s web hosting account located on an ISP’s computer. The CLIENT hereby authorises MUZE DIGITAL to access this ISP account, and authorises the ISP to provide MUZE DIGITAL with any necessary “write permission” for the CLIENT’s web directory, and any other directories or programs which need to be accessed for this project. The CLIENT also authorises MUZE DIGITAL to publicise their completed website to search engines and social networking sites, as well as other web directories and indexes.
MUZE DIGITAL represents and warrants to the CLIENT that it has the experience and ability to perform the services required by these TERMS AND CONDITIONS; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform These TERMS AND CONDITIONS; and that its performance of these TERMS AND CONDITIONS shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. However, CLIENT will not determine or exercise control as to general procedures or formats necessary to have these services meet CLIENT’s satisfaction.
The CLIENT represents and warrants to MUZE DIGITAL that it will provide CLIENT Materials as required in a professional, competent and timely manner; that it has the power to enter into this Agreement on behalf of CLIENT; and that its performance of these TERMS AND CONDITIONS shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws.
Standard Website Products Services
The standard website design and development as defined through MUZE DIGITAL is as follows:
- Initial planning/development consultation via phone or Skype, one hour free. Additional education and consultation is at the hourly rate of $80.00. Face-to-face consultations can be arranged if needed at the hourly rate of $80.00.
- Work on the website will commence upon payment of a 50% deposit of the project fee. Fee includes the purchase and minor modification of one WordPress template. Additional website templates and major theme customisations will incur additional costs.
- A homepage wireframe concept will be supplied for approval. Unless otherwise stated, design concepts are not provided for every webpage. Once the homepage concept is signed off, all other webpages will be based upon the design of this wireframe.
- Once the design concept is approved, the site will be developed according to this wireframe mockup. If design changes are requested after the concept has been approved and development begun, this may incur additional fees.
- The agreed number of static webpages outlined in the Scope of Work, for example a homepage, map & directions page, about us page, contact page, up to two hours of formatting time for homepage, and one hour of formatting time for other pages. Pages that require extra design and development, formatting or functionality other than standard 500 words of text and two images will incur additional costs. Additional pages will be billed from $80.00 per page.
- Final text shall be supplied by the CLIENT as a Word document or equivalent (webpages of more than 500 words of text, and text supplied as PDF, image or similar may be subject to additional fees for increased formatting time). It is the client’s responsibility to gather and collate content, and the creation or gathering of any additional content, written or otherwise, is outside the scope of this document.
- Unless otherwise stated, images will be supplied by the CLIENT. An extra charge will apply for scanning services, photography, stock image fees, and graphic design and modification. Fee does not include logo design or modification. Stock images will be purchased upon approval by the CLIENT. After the purchase of CLIENT-approved stock images, the cost of new stock images in the event of change of mind will be covered by the CLIENT.
- If required, installation of WooCommerce and integration of CLIENT’s PayPal account as a payment gateway for goods and services into website. Purchase of SSL Certificate and ongoing security will be the CLIENT’s responsibility. Setup of online store and up to 2 products are included in the design fee. Shipping and handling configuration and ongoing store maintenance is the responsibility of the CLIENT.
- Websites are developed on a staging server. Websites will be migrated to the live domain once CLIENT has given approval in writing and final balance received.
- The website will be deemed complete after content is implemented, followed by one round of content revisions, such as text or image changes. Further revisions will be billed at the hourly rate of $80.00. Design and development changes may incur additional costs.
- Initial submission of site to Google using CLIENT’s Google account. At no time does MUZE DIGITAL promise or imply that we guarantee CLIENT’s website a certain rating in the search engines. Search engine optimisation (SEO) consultation and implementation, unless otherwise stated, is not included in the project fee and will come under its own agreement.
MUZE DIGITAL will execute this website design as specified by the CLIENT requirements as terms of these TERMS AND CONDITIONS to and incorporated in these TERMS AND CONDITIONS. Unless specified otherwise in the Scope of Work, this website includes up to 14 web pages. In case the CLIENT desires additional standard pages beyond the original number of pages specified, the CLIENT agrees to pay MUZE DIGITAL additional fees for each additional page, charged from $80.00 per page. If applicable, graphics or photos beyond the ten included in fee shall incur additional cost. Where custom graphic work is requested, it will be billed at the hourly rate of $80.00.
These TERMS AND CONDITIONS do not include website maintenance. Website maintenance will be the responsibility of the CLIENT. If a maintenance service agreement is entered into between MUZE DIGITAL and the CLIENT, it will be contained within its own document and not connected to these TERMS AND CONDITIONS. Website support can be requested on an ad-hoc basis for an agreed fee between MUZE DIGITAL and the CLIENT. MUZE DIGITAL is under no obligation to offer website support or implement changes after project is complete, or to remedy site errors brought on by CLIENT action or inaction.
Where MUZE DIGITAL is developing a website for the CLIENT to be hosted elsewhere, MUZE DIGITAL will attempt to migrate the website from its staging server to the live domain. MUZE DIGITAL will not be held responsible for anomalies in third-party hosting, and in the event of any errors the CLIENT will contact their hosting provider for support.
All services agreed to in these TERMS AND CONDITIONS, shall be sold for the price specified on the Scope of Work. Payment shall be by bank transfer.
Unless otherwise stated, the following standard terms apply. A minimum deposit of fifty percent (50%) of the design and development cost, and the total amount of hosting setup and domain name registration, if applicable, is required to commence work. Submission of the site to search engines and migration of website to live domain will occur only after the final payment is made.
MUZE DIGITAL and the CLIENT must work together to complete the website in a timely manner. Much of this depends on receiving the appropriate content, images and text from the CLIENT. We agree to work expeditiously to complete the website in a professional and timely fashion.
Assignment of Project
MUZE DIGITAL reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion. MUZE DIGITAL will be responsible for the final results of the project.
CLIENT agrees to reimburse MUZE DIGITAL for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
Any revisions, additions or redesigns CLIENT wishes MUZE DIGITAL to perform not specified in the Scope of Work shall be considered “additional” and will require a separate Agreement and payment.
Copyrights and Trademarks
The CLIENT represents to MUZE DIGITAL and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to MUZE DIGITAL for inclusion in web pages are owned by the CLIENT, or that the CLIENT has permission from the rightful owner to use each of these elements, and will indemnify, hold harmless, protect, and defend MUZE DIGITAL and its subcontractors from any claim or suit arising from the use of such elements furnished by the CLIENT.
If required, email accounts can be set up in the CLIENT’s website backend to be accessed via browser-based webmail, a free Gmail account, or Google Apps account. No configuration assistance or support is offered for third-party email software such as Microsoft Outlook or Apple Mail. Configuration of accounts in email software shall be the sole responsibility of the CLIENT. If assistance is required, the CLIENT will need to contact the relevant software provider for support.
CLIENT certifies that he or she is at least 18 years of age.
CLIENT hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service or Host Server. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
CLIENT hereby agrees to indemnify and hold harmless MUZE DIGITAL from any claim resulting from CLIENT’s publication of material or use of those materials. CLIENT hereby agrees to indemnify and hold harmless MUZE DIGITAL in any claim resulting from the submission of illegal materials.
If MUZE DIGITAL shall acquire an Internet Domain Name on behalf of the CLIENT, then in such case CLIENT hereby waives any and all claims which it may have against MUZE DIGITAL, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any online or offline network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by MUZE DIGITAL for any reason.
Under no circumstances, including negligence, shall MUZE DIGITAL, its offices, agents or anyone else involved in creating, producing or distributing its services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use MUZE DIGITAL’s services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to MUZE DIGITAL’s records, programs or services. CLIENT maintains sole responsibility for data backups and restoration. CLIENT hereby acknowledges that this paragraph shall apply to all content on MUZE DIGITAL’s services.
Notwithstanding the above, CLIENT’s exclusive remedies for all damages, losses and causes of actions whether in TERMS AND CONDITIONS, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which CLIENT paid during the term of These TERMS AND CONDITIONS and any reasonable attorney’s fee and court costs.
Websites are handed over to the CLIENT fully functioning, and MUZE DIGITAL is under no obligation to rectify website issues and errors after handover, including but not limited to functionality problems and security breaches, that arise as a result of action or inaction by the CLIENT, or errors caused by the hosting environment. The CLIENT agrees to pay MUZE DIGITAL an hourly rate for the investigation and remedying of such issues if MUZE DIGITAL agrees to undertake the work. MUZE DIGITAL is under no obligation to perform ongoing CMS, theme and plugin updates. After handover website maintenance and updates are the sole responsibility of the CLIENT.
CLIENT agrees that it shall defend, indemnify, save and hold MUZE DIGITAL harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, (“Liabilities”) asserted against MUZE DIGITAL, agents, its CLIENTs, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, its agents, employee or assigns. CLIENT agrees to defend, indemnify and hold harmless MUZE DIGITAL against Liabilities arising out of technical difficulties, including but not limited to those experienced by the CLIENT and the CLIENT’s ISP, which may or may not potentially lead to lost income or online sales. CLIENT agrees to defend, indemnify and hold harmless MUZE DIGITAL against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with MUZE DIGITAL’s service, any material supplied by CLIENT infringing on the proprietary rights of a third party, copyright infringement, and any defective product which CLIENT has sold in the Web Design.
Laws Affecting Electronic Commerce
The CLIENT agrees that the CLIENT is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend MUZE DIGITAL and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT’s use of internet electronic commerce.
Copyright to Web Pages
Until final payment is made, copyright to the finished assembled work of web pages produced by MUZE DIGITAL is owned by MUZE DIGITAL. Upon final payment, the CLIENT is assigned copyright the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the CLIENT, and remain the property of their respective owners. MUZE DIGITAL and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
CLIENT agrees that MUZE DIGITAL may include a byline and link on the bottom of their website establishing authorship credit. This byline is upon agreement by both CLIENT and MUZE DIGITAL and must be removed at any time upon written request by MUZE DIGITAL.
MUZE DIGITAL, its employees and subcontractors agree that, except as directed by CLIENT, it will not at any time during or after the term of these TERMS AND CONDITIONS disclose any Confidential Information to any person whatsoever.
In the event that work is postponed or cancelled at the request of the CLIENT in writing, MUZE DIGITAL shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under these TERMS AND CONDITIONS. If additional payment is due, this shall be payable within thirty days of the CLIENT’s notification to stop work. In the event of cancellation, the CLIENT shall also pay any expenses incurred by MUZE DIGITAL and MUZE DIGITAL shall own all rights to the Work. The CLIENT shall be responsible for all legal fees necessitated by default in payment which become payable by MUZE DIGITAL.
If the CLIENT applies in writing for a refund within five (5) days of signing these TERMS AND CONDITIONS, work already completed shall be billed at the hourly rate of $80.00 and deducted from the initial payment. If the work that has been completed is beyond the amount covered in the initial payment, the CLIENT shall be liable to pay for all work completed at the hourly rate of $80.00.
Any disputes in excess of $1,000 (or the maximum limit for small claims in the NSW Local Court) arising out of these TERMS AND CONDITIONS shall be submitted to binding arbitration before the Joint Ethics Committee or a mutually agreed upon Arbitrator pursuant to the rules of the Commercial Arbitration Act. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The CLIENT shall pay all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgment in favor of MUZE DIGITAL.
Payment of Fees
In order for MUZE DIGITAL to remain in business, payments must be made promptly. Invoices are due upon receipt. Delinquent bills will be assessed a $30.00 administrative charge if payment is not received within 10 days of the due date. If an amount remains delinquent for 30 days after its due date, an additional 5% interest will be added for each month calculated on a daily basis on the outstanding amount and shall be payable by the CLIENT who acknowledges that such rate of interest is a genuine and reasonable price estimate of MUZE DIGITAL’S loss incurred because of such default. MUZE DIGITAL reserves the right to remove Web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process. These TERMS AND CONDITIONS becomes effective only when signed by MUZE DIGITAL. Regardless of the place of signing of these TERMS AND CONDITIONS, the CLIENT agrees that for purposes of venue, these TERMS AND CONDITIONS was entered into in Warringah Shire, NSW, and any dispute will be litigated in the nearest Court having jurisdiction to deal with such claim or arbitrated in Warringah Shire, NSW.
These TERMS AND CONDITIONS constitutes the sole agreement between MUZE DIGITAL and the CLIENT regarding its Web Design Service. It becomes effective upon written acceptance of its terms by the CLIENT. These TERMS AND CONDITIONS shall be governed and construed in accordance with the laws of New South Wales. The parties agree that if any part, term, or provision of this Agreement shall be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected thereby.