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Terms & Conditions

Governing law and jurisdiction

This Agreement and any dispute or claim arising out of or in connection with same shall be governed by and construed in accordance with the laws of Western Australia, Australia and parties submit to the exclusive jurisdiction of that State.

Website Design & Development

Client Materials
  1. Client must supply all text and image content required before project commencement in order for us to complete the work in accordance with any agreed delivery dates. Such materials may include, but are not limited to, written copy, images, photographs, logos and other printed material. Materials must be delivered electronically via email, Dropbox or Google Drive.
  2. Unless otherwise agreed, the materials should be supplied in full prior to the commencement of work. Receiving partial information is acceptable but commencement of work can only start once ALL applicable has been delivered to Start.
  3. Should there be a delay in supplying information to us this will lead to a delay in the completion of work and the launch timeframe provided. Start Digital reserve the right to extend any previously agreed deadlines. If your data is not supplied within one (1) month of project commencement, Start Digital reserves the right to place your project on hold. If data is not supplied within two (2) months of commencement, the project will be canceled and will be subject to cancellation fees.
  4. Where you fail to supply information which in turn prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
Scope Changes & Change Requests

Changes beyond the scope of the Quotation and/or any System Requirements documentation as signed off by the client will be charged for additionally. Changes to content, design, images and/or functionality that have previously been accepted as correct by the Client may also incur additional charges.

Once a project has commenced, we work within the scope and assumptions. Once a design concept has been approved for development we allow for 2 – 3 change requests. We will be unable to absorb more significant changes and variations. This will be communicated to you once we become aware.

Any deviation away from the agreed scope will need to be assessed on a case by case basis for any impact on the project scope and deadlines, and if required will be deemed as a variation and billed on a time and materials basis.

Start Digital have the right to limit the number of design change requests to a reasonable amount and may charge for additional designs if changes are requested to an already approved design.

Acceptance

During the development process and production review you must provide complete feedback within 7 calendar days of being requested. If no feedback is provided within this time, Start Digital reserves the right to move forward with the project, assuming no changes have been requested and that the work delivered to date is accepted in its current form. This will ensure the project meets any agreed upon timelines. Any changes requested past this time are subject to Start’s current prices and/or hourly rates for the corresponding work.

Web Browsers

Please note that not all web browsers are the same. Start Digital use the latest web technologies to deliver you a website that works on the latest platforms and devices. Whilst we conduct a full testing phase upon completion of the project your website may not display in the same way across older web browsers (eg. Internet Explorer 8,9 and 10).

Project Timeframes

Any time frames or estimates that we give are contingent upon your full co-operation and the complete content and photography being made available for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available in order to expedite the feedback process.

Support and Warranty

During site development Start Digital will provide you with the opportunity to review any completed work on our staging server. If the Website is approved by you, or we receive no response from you within five (5) business days of our request, it will be deemed as completed and handed over once the final invoice has been paid.

Once a site has been handed over, you acknowledge that CMS applications (such as WordPress), require ongoing maintenance and updates to keep the site secure, stable and operational. You agree that it requires proactive monitoring, updates and/or patches to ensure the Website is secure from hackers and malicious scripts. For WordPress sites we provide a fully managed pro-active maintenance plans and a support service for an additional fee. While your site will be tested to conform to the latest versions of all modern web browsers, we cannot warrant WordPress, third party plugins or themes to be working without errors on any one specific browser.

Licenses for required plugins are covered to allow for the launch of a new site.  Subscription-based licenses are continued for the duration of SEO services and form a fundamental part of our SEO plans. In the case where an SEO plan is not required, subscription licenses can be managed on request.

Start Digital will review and repair any code based errors and/or issues that may arise from the website launch providing this is reported within 30 days of handover. Any design, layout, text changes or alterations will be subject to additional charges at our standard hourly rate.

Payment

Unless otherwise agreed in writing Start Digital may issue invoices to you:

(a) fortnightly;
(b) monthly
(c) upon the completion of work relevant to an agreed-upon project.

Where any invoiced amount is not paid on or before its due date for payment, Start Digital reserves the right to add interest at 5% above the Cash Rate Target specified by the Reserve Bank of Australia, This must be paid by you to Start Digital on request.

You will be responsible for all legal and collection costs incurred in relation to overdue invoices. This includes any additional time taken for Start to resolve delayed payment related issues.

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If any information or files relating to the unpaid account (website, designs, copywriting, site changes, updates etc) remain stored on Start Digital servers, Start Digital will, at its discretion, remove all such material from its server.

Portfolio Rights

Start Digital retains the right to display, reproduce and distribute designs and results achieved in our portfolio and website, and within third-party publications, awards or exhibits.

Validity of Agreement

Either party can terminate the agreement on 7 working days’ written notice to the other party. Start Digital reserves the right to cease projects immediately without liability to provide the service and to terminate this agreement if you should go into liquidation or bankruptcy, or if you fail to meet any obligation in accordance with this agreement.

If at any point during the project a Client wishes to cancel, they may do so but will be invoiced an amount that Start Digital determines to be proportional to the amount of work completed on the project.

If the total amount of work completed is more than the first 30% invoiced, Start Digital has the right to invoice the extra hours completed.

Search Engine Optimisation

Client Materials

Start Digital will provide the Client with Search Engine Optimisation Services (referred to as “SEO”) as described in this contract. Start Digital will use specific keywords and/or phrases to improve the search engine ranking of, and/or position the contents of the Client’s website.

Start Digital’s SEO services are intended to serve two main purposes: 1) to provide the Client with increased exposure in search engines, and 2) to drive targeted online traffic to the site.

All SEO campaigns and strategies are carried out in accordance with Google’s latest guidelines for site structure and optimisation. Every campaign is unique and dependent on the Client’s sector and competitive space.

Payment & Services

All fees are non-refundable. All fees, services, documents, recommendations, and reports are confidential in nature.

Cancellation

Termination must be advised in writing with 30 days notice. Start Digital may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Start Digital shall have no liability to you or any third party because of such termination or action.

Client Acknowledgements

Client must acknowledge the following with respect to SEO services. No guarantees will be given as to the Client’s search engine ranking. Start Digital will endeavour to improve all onsite and offsite aspects of the Client’s site. Start Digital will abide by all Google recommended optimisation strategies and will continue to update the site content and ensure the Client site is being viewed by search engines in the best possible way. Search engines change their ranking algorithms on a regular basis and, whilst Start Digital will make relevant changes as required, ranking positions are at the discretion of the search engine. It is possible for the Clients website’s rankings to go backwards, if this were to happen, no liability will be on Start Digital and no refunds or discounts given.

Additional Services

Additional Services not listed herein (branded blog copywriting, print campaigns, creation of design elements, additional consulting, etc.) will be provided and charged accordingly at our hourly rate. This will be quoted additionally to our ongoing SEO services.

Billing

Fees will be billed in advance on a monthly cycle. The Fees are based on the package you select and any excess fees from the previous billing cycle. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged. Start Digital will notify you in writing prior to the effectiveness of any change to the fee schedule. In many cases, existing clients will be able to retain current pricing for 12 months, however this is at Start’s sole discretion. Unless there is a written agreement stating otherwise, any costs and expenses will be billed to the clients at Start’s current prices and/or hourly rates for the corresponding work. Invoices will be issued at Start’s discretion.

Where any invoiced amount is not paid on or before its due date for payment, Start Digital reserves the right to add interest at 5% above the Cash Rate Target specified by the Reserve Bank of Australia, This must be paid by you to Start Digital on request.

You will be responsible for all legal and collection costs incurred in relation to overdue invoices. This includes any additional time taken for Start to resolve delayed payment related issues.

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If any information or files relating to the unpaid account (website, designs, copywriting, site changes, updates etc) remain stored on Start Digital servers, Start Digital will, at its discretion, remove all such material from its server.

Portfolio Rights

Start Digital retains the right to display, reproduce and distribute designs and results achieved in our portfolio and website, and within third-party publications, awards or exhibits.

Ongoing Marketing Services

Client Obligations

During the term of this Agreement, the Client must:

  • Provide all necessary information to Start Digital upon request;
  • Provide other such access, documents, information or data as Start Digital reasonably requires in order to perform the Services. This includes the following: • Administrative/ backend access to the Clients website for analysis of content and structure
  • Permission to make changes for the purpose of optimisation, and to communicate directly with any third parties.
  • Unlimited access to existing website traffic statistics for analysis and tracking purposes.
  • Authorisation to use the Client’s image library, logos, trademarks, website images, brochures, content etc. for any use as deemed necessary.
Paid Advertising Management

As a part of our ongoing marketing services agreements, Start Digital will set up paid advertising campaigns and deliver paid traffic to the Clients website. These campaigns can be created using different networks, including Google/Meta/TikTok. However, if the search engines reject the advertiser web properties based on their editorial policies, the client will be informed in writing, and Start Digital will not be held responsible.

If a client subscribes to Start Digital’s remarketing services, it is their responsibility to ensure that all relevant privacy laws and policies (such as those established by Google and Meta) are followed for direct marketing.

The costs associated with media and clicks generated by these services will be charged directly by the respective platform. The client authorises Start Digital to provide their credit card details to the advertising platform for this purpose, and these fees will appear as separate charges on their credit card statement.

Start Digital will not be held accountable for any incorrect payments charged by third-party advertising platforms. The client must communicate directly with the advertising platform if any incorrect charges appear on their nominated account.

Payment & Services

Client must acknowledge the following with respect to Marketing services:

  • All fees are non-refundable.
  • All fees, services, documents, recommendations, and reports are confidential.
  • No guarantees will be given as to the Client’s results.

Changes beyond the scope of the Quotation will be charged additionally. This includes changes to content, strategy, design, images and/or functionality that have previously been accepted as correct by the Client. Additional changes will be charged at our hourly rate.

Cancellation

Termination must be advised in writing with 30 days notice. Start Digital may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Start Digital shall have no liability to you or any third party because of such termination or action.

Client Acknowledgements

Client must acknowledge the following with respect to ongoing marketing services. Start Digital will endeavour to abide by KPI’s and goals outlined, however, no guarantees will be given as to the Client’s results.

Additional Services

Additional Services not listed herein (branded blog copywriting, print campaigns, creation of design elements, additional consulting, etc.) will be provided at our Agency hourly rate. This will be quoted additionally to our ongoing marketing services.

Billing

Fees will be billed in advance on a monthly cycle. The Fees are based on the package you select and any excess fees from the previous billing cycle. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged. Start Digital will notify you in writing prior to the effectiveness of any change to the fee schedule. In many cases, existing clients will be able to retain current pricing for 12 months, however this is at Start’s sole discretion. Unless there is a written agreement stating otherwise, any costs and expenses will be billed to the clients at Start’s current prices and/or hourly rates for the corresponding work. Invoices will be issued at Start’s discretion.

Where any invoiced amount is not paid on or before its due date for payment, Start Digital reserves the right to add interest at 5% above the Cash Rate Target specified by the Reserve Bank of Australia, This must be paid by you to Start Digital on request.

You will be responsible for all legal and collection costs incurred in relation to overdue invoices. This includes any additional time taken for Start to resolve delayed payment related issues.

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If any information or files relating to the unpaid account (website, designs, copywriting, site changes, updates etc) remain stored on Start Digital servers, Start Digital will, at its discretion, remove all such material from its server.

Portfolio Rights

Start Digital retains the right to display, reproduce and distribute designs and results achieved in our portfolio and website, and within third-party publications, awards or exhibits.

Change Log
v1.010/07/2015Original Release
v1.111/03/2018Updated hourly rate
v1.213/06/2022Expanded all key areas of T&C’s to reflect increased project responsibilities
v1.323/09/2022Expanded T&C’s to incorporate ongoing marketing services