For Website Builds and Hosting Services

These Terms & Conditions (T&C’s) is between:

The Agency Digital Marketing Labs Pty Ltd (“we,” “us,” or “our”)

The Client (“you” or “your”)

Effective Date: The date of agreement upon purchase of services.

Scope of Services

The Agency agrees to provide the following services under the selected plan:

Website Build

1. Inclusions:

• Website built with details outlined at time of sign up
•  The number of revisions specified in the plan.
• Copywriting included for all pages (content provided by The Agency).
• Logo design and colour consultation with 1 revision included in Silver and Gold plans.
  • Available for Bronze plan at an additional cost.
• SEO report provided upon completion of the website.
  Ownership:
• All website content and design remain the property of The Agency.
• Licensing or transfer of ownership must be negotiated separately and in writing.

  2. Timeline:

• The initial website draft will be delivered within 10 business days from the date we receive all necessary information from the Client.
• Revisions will be completed within 5 business days of receiving your feedback.

Hosting Services

  3. Hosting Plans:

• Bronze Plan: Basic hosting, SSL certificate, one (1) email account.
• Silver Plan: Includes Bronze features plus up to three (3) email accounts, free domain, and monthly website updates
• Gold Plan: Includes Silver features plus up to ten (10) email accounts, faster server speeds, website updates every month, and a custom chatbot.
• Other services are outlined on signup and are subject to change at any time.

  4.Cancellation Policy:

• All plans are subject to a 30-day cancellation notice with no tie-in contract.
• Payments are recurring monthly on the same day or closest available based on banks facilitating the transaction and exclude GST.

 5.Support and Maintenance:

• Hosting support is available during business hours (AEST).
• Any downtime or issues caused by the agency will be resolved within 48 hours of notification.
• The agency is not be responsible for changes made to the website by the client.
• The agency will fix issues caused by the client however there may be a charge associated.

General Terms and Conditions

1. Acceptance of Agreement

By purchasing services from The Agency, you agree to these terms and conditions, which form a legally binding agreement under Australian law.

2. Payment Terms

• The Client agrees to pay all fees as outlined in their selected plan, including upfront fees for website builds and recurring hosting fees.
• Payments are due monthly in advance and must be made via the agreed payment method.

3. Ownership of Work

• All content, design, and code produced by The Agency remain the property of The Agency unless otherwise agreed in writing.
• Any use of the website outside the agreed scope must be approved by The Agency.

4. Client Obligations

• The Client must provide all necessary information, approvals, and feedback within requested timeframes.
• Delays in providing content or feedback may impact delivery timelines.

5. Intellectual Property

• The Client warrants that any content or assets provided to The Agency for the website build are free from infringement of third-party intellectual property rights.

6. Limitation of Liability

The Agency’s liability to the Client is strictly limited to the provision of the agreed services. The Client agrees to the following limitations:

1. Website Functionality and Performance

• The Agency will make all reasonable efforts to ensure the website is functional and meets the agreed specifications.
• However, the Agency is not liable for:
  • Loss of business or revenue resulting from website downtime, errors, or malfunctions.
  • Third-party damages caused by the use or misuse of the website, including but not limited to hacking, viruses, or other cybersecurity issues.
  • SEO performance or search engine rankings, as these are influenced by algorithms and factors beyond the Agency’s control. 

  2. Content Liability

• The Client is solely responsible for all content provided to or published on the website. This includes but is not limited to:
  • Text, images, videos, and other media.
  • Claims, statements, or information displayed on the website.
• The Agency is not liable for any legal actions, damages, or losses incurred by the Client due to the content of the website, including but not limited to:
  • Defamation, copyright infringement, or trademark violations.
  • False advertising or misrepresentation.
  • Breach of regulatory or industry-specific compliance requirements.

  3. Indemnification

• The Client agrees to indemnify and hold harmless The Agency, its employees, and its subcontractors from any claims, lawsuits, or legal actions arising from the content or functionality of the provided website, including but not limited to:
  • Costs associated with defending against legal claims.
  • Damages or settlements awarded to third parties.
  • Penalties or fines imposed by regulatory authorities.

  4. Third-Party Tools and Services

• The Agency is not liable for any issues arising from the use of third-party tools, plugins, hosting services, or APIs integrated into the website. The Client acknowledges that these tools are governed by their respective terms of service and that The Agency has no control over their performance or reliability.

  5. Force Majeure

• The Agency is not liable for any failure to meet deadlines or provide services due to circumstances beyond its control, including but not limited to natural disasters, government actions, or technical failures.

  6. Termination

• Either party may terminate this agreement with 30 days’ written notice.
• Upon termination, hosting services will cease, and access to the website will be removed unless otherwise negotiated.

  7. Governing Law

This agreement is governed by the laws of the State of Queensland, Australia. Any disputes arising under this agreement will be resolved in accordance with these laws.

  8. Confidentiality

Both parties agree to maintain the confidentiality of any sensitive information shared during the provision of services.

  9. Amendments

These T&C’s may be amended by mutual written agreement between The Agency and The Client.

Contact Information:

The Agency: Digital Marketing Labs Pty Ltd.
Client Support: hello@dmlabs.com.au

Agreement:

By proceeding with payment, the Client acknowledges they have read, understood, and agrees to these terms.