Because we want to spend our time Untangling Your Web and not discussing the small print, here are our T&C's for you to read at your convenience!
ps: we have never had any unhappy customer and we very much hope this will remain the same!
Access to and use of this site (www.untanglemyweb.com), blog (blog.untanglemyweb.com) or any other material (such as newsletter) is provided by us subject to the following terms:
Use of Untanglemyweb.com By using Untanglemyweb.com you agree to be legally bound by these terms, which shall take effect immediately on your first use of Untanglemyweb.com. If you do not agree to be legally bound by all the following terms please do not access and/or use Untanglemyweb.com. We may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by us.
Your continued use of Untanglemyweb.com after changes are posted means you agree to be legally bound by these terms as updated and/or amended. You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use Untanglemyweb.com content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Untanglemyweb.com content except for your own personal, non-commercial use. Any other use of Untanglemyweb.com content requires the prior written permission from us. You agree to use Untanglemyweb.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of Untanglemyweb.com. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within Untanglemyweb.com.
Disclaimers and Limitation of Liability Untanglemyweb.com content, including the information, names, images, pictures, logos and icons regarding or relating to Untanglemyweb.com, its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether expressed or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Untanglemyweb.com will not be liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or other tortious action, arising from or in connection with the use of Untanglemyweb.com. Untanglemyweb.com does not warrant that functions contained in Untanglemyweb.com content will be uninterrupted or error free, that defects will be corrected, or that Untanglemyweb.com or the server that makes it available are free of viruses or bugs.
Intellectual Property The names, images and logos identifying Untanglemyweb.com or third parties and their products and services are subject to copyright, design rights and trade marks of the Untanglemyweb.com and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, design right or copyright of, or any other third party.
Contributions to Untanglemyweb.com Where you are invited to submit any contribution to Untanglemyweb.com (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant Untanglemyweb.com a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in Untanglemyweb.com's Privacy Policy. If you do not want to grant to Untanglemyweb.com the rights set out above, please do not submit your contribution to Untanglemyweb.com.
About the Terms & Conditions If there is any conflict between these terms and specific terms appearing elsewhere on Untanglemyweb.com then the latter shall prevail. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
The Law These terms shall be governed by and interpreted in accordance with the laws of the State of Queensland and Australia.
Our relationship with our customers is primordial and it is crucial we are both aware of our rights and obligations. These comprehensive terms and conditions have been put together to ensure there are as few grey areas as possible. We can only strongly recommend that you take time to read through these terms and conditions and understand them and their implications as they go hand-in-hand with our quotes/estimates. These terms and conditions will be the basis of any contract between you and Untanglemyweb.com.
Definitions In these terms "we/us/our" means Untanglemyweb.com and "you" means the Client, whose details appear on any proposal. The "Contract" means the agreement between you and us based on a signed correspondence indicating acceptance of the proposal. Untanglemyweb.com will carry out the optimisation, design or any other work requested and agreed on under the following terms and conditions. These terms and conditions do not affect your statutory rights. If you have any uncertainties about these conditions as they might apply to you or your project, it is your responsibility to clarify the situation by contacting us before the project gets under way.
Specification The prices offered in any quotation are subject to your understanding of the specification. It is the price you will pay for the work stated on the quote. We reserve the right to alter any quotation if the final specification is materially at variance with your understanding.
Content It is your responsibility to provide us with the required information about your business and online marketing objectives. Untanglemyweb.com takes no responsibility for errors in content supplied by you for the optimisation and web site. Any changes thus incurred may be chargeable at standard rates. Unless specified otherwise, it is your responsibility to provide all necessary text and graphic materials that make up the content of the site. No refund will be made in the event that you fail to provide sufficient content to complete the web site. All content must be supplied in a suitable digital format unless agreed otherwise beforehand. Images should be supplied as jpeg, gif, tif, png or psd format. Text should be supplied as a Microsoft Word or an ASCII text file. Failure to supply material in digital format may result in extra charges being made for processing content for use on your web site. Where the content which is provided is in a form where a significant amount of copy writing is required, a further charge may be made. You grant Untanglemyweb.com permission to utilise logos and any other company identity for the purposes of creating the web site. You agree to indemnify Untanglemyweb.com from any and all claims arising from your negligence or inability to obtain proper copyright permissions for all content supplied. A design credit with a link to the Untanglemyweb.com web site will appear on the main home page of your web site either in text or graphic format. The link will be designed to fit the overall design of the site. You agree that this link will remain in place for at least 12 months from the time of completion. Please also note that you should provide Untanglemyweb.com with copies of your terms and conditions and any privacy statement should you wish them to be incorporated or added to the website. In the event that Untanglemyweb.com is unable to complete a web site because of lack of text and/or pictures, then text will be added using "lorum ispsum" filler text and pictures using appropriate library pictures. At this point the web site will be considered completed and you will be invoiced accordingly under our standard payment terms. Final text and pictures will be added when these are supplied by the client.
Design and optimisation Upon acceptance of any proposal we require you to sign an order that you have read and understood these terms and conditions. We will provide you with our estimated timescale for progress and completion of the project and will use reasonable endeavours to meet those timescales (as long as you perform your obligations promptly) but, unless we agree otherwise, the dates are estimates only and we cannot guarantee 100% that they will be met. We will also keep you updated during the development of the project by email or phone and we expect us to contact you should you wish to make changes or alterations to the initial proposal. We shall have no liability to you nor be deemed to be in breach of this Contract if we are delayed in performing or unable to perform any of our obligations under it due to circumstances beyond our reasonable control.
Payment Payment for the design, optimisation and authoring of all web sites will be on the basis of a 40% initial payment in advance. Invoices are issued on the terms of 14 days. A 10% surcharge per week will be charged to overdue accounts so we recommend you pay on time. In the case of optimisation or website work costs over $3,000, payments will be requested in “milestones”, to be mutually agreed with the client before work commences. If payments are not received by the due date for payment (as stated in these terms and/or order form) you may be asked to pay us interest on the amount unpaid at the annual rate of 5% above Reserve Bank of Australia base rate from time to time (without prejudice to any other remedy available to us). If payments are not received by us on the due date we reserve the right to suspend the website and other services until such time as payment is received in full (without prejudice to any other remedy available to us).
Acceptance procedure When Untanglemyweb.com considers the optimisation and or design to be completed to the requirements of the proposal, you will receive notification by telephone or email. You will have seven business days from the first notification to carry out an appraisal of the design and inform us of any changes required to correct any errors and comply with the quotation. Untanglemyweb.com will carry out the agreed amendments within seven business days. You will then have a further seven business days to appraise the changes to the design and inform us of any errors in the changes. After this period the design is considered as accepted and you will be invoiced for the outstanding costs and any further amendments other than those covered by any maintenance agreement are then chargeable.
Debt management Untanglemyweb.com reserves the right to take legal action to recover any debts. Please remember we are a small agency and as such we cannot afford outstanding debts of any kind.
Rights You will retain ownership of copyright, trademarks and other intellectual property rights in materials that you provide to us for use in the design and/or optimisation of your web site. All copyright, trade marks, patents created, developed, subsisting or used in or in connection with the design, development or optimisation of your web site will be transferred to you on settlement of all outstanding sums due to us. Ownership of the Intellectual Property Rights of the web site design, including front and back end programming and design, will remain with Untanglemyweb.com until you have paid ALL outstanding cost. Untanglemyweb.com will then transfer ALL Intellectual Property Rights to you.
Cancellation If you wish to cancel your contract you are required to do so by registered post giving 60 days notice and cancellation will only be effective on receipt of such notice. If the design and/or optimisation is not complete you will be required to pay the balance of our costs to date and loss of profit for the entire design and/or optimisation. No refunds will be made for any part of any maintenance subscription remaining. In the event of cancelling your contract, your web site will be taken offline the day after the contract expires. Once all sums due have been settled, Untanglemyweb.com will cooperate with the smooth transfer of hosting of the domain and pass over ownership of any web site files as requested.
Internet Connections Untanglemyweb.com is not responsible for establishing or troubleshooting your Internet connection facility, which provides your Internet connection and outgoing mail server. This is the responsibility of your own individual ISP who normally provides appropriate telephone support. If you need to contact Untanglemyweb.com for such support we can usually help but this is normally chargeable at $85 per hour with a minimum charge of $40.
Reservations Untanglemyweb.com reserves the right to withdraw services at any time subject to 14 days written notice. Untanglemyweb.com also reserves the right to feature customer websites and workshop attendees’ comments in future promotions without seeking prior consent.
Maintenance Updates
For customers with dedicated maintenance packages, Untanglemyweb.com will establish if the update falls within the scope of your quoted maintenance agreement, and if not, advise you of the cost of the update. Maintenance is subject to the following conditions: Maintenance is defined as modifications to an existing page requiring one man-hour or less to implement (sufficient for most minor changes). Requests for Maintenance must be submitted to Untanglemyweb.com via e-mail. All content must be supplied in digital format. Content not supplied in digital format may result in extra charges being made.
Untanglemyweb.com strongly recommends that all Content Management Systems installations are updated regularly. Updates are estimated to take 1 hour and include a backup of the existing site configuration and content..
Search Engine Optimisation Where Untanglemyweb.com undertakes promotion of the web site through Search Engine Optimisation no guarantee is given that rankings can be achieved on particular Engines. Resubmission will take place as and when we deem appropriate and may vary in frequency depending on the level of maintenance updates undertaken.
Search Engine Marketing and Pay Per Click Campaigns Where Untanglemyweb.com undertakes promotion of the web site through Search Engine Marketing, especially Pay Per Click Campaigns, no guarantee is given that conversions will take place.
Warranties Untanglemyweb.com guarantees you that any new website it designs will strictly follow the recommendations of the World Wide Web Consortium (www.w3c.org) and will be validated. We also guarantee you that we will invest 110% of our effort and time in your project because we love what we do. Apart from the above and for technical errors and oversights, Untanglemyweb.com makes no warranties of any kind, whether express or implied, for the services it provides. Untanglemyweb.com also disclaims any warranty of merchantability or fitness for a particular purpose. Untanglemyweb.com will not be responsible for any direct, indirect or consequential damages that may result from the use of its services, including loss of data resulting from delays, non-delivery or interruption in service. You acknowledge and agree that Untanglemyweb.com cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond our control.
Indemnity All services may be used for lawful purposes only. You agree to indemnify and hold Untanglemyweb.com harmless from any claims resulting from your use of our service that damages you or any other party.
Liability Our total liability to you in contract or in tort arising in connection with this contract shall not exceed the total price paid by you. We shall have no liability for loss of profits, business, revenue, goodwill or anticipated savings or for any other indirect or consequential loss.
Standard charges In the absence of agreed rates, any work will be charged at $85 per hour.
Hosting & Domains Untanglemyweb.com will normally arrange hosting for new websites and the annual subscription for this will be payable by the client directly to the host. You can be assured that we will use the most reliable and cost-effective hosting solution. FTP access details to your web site files will be issued. We can also organise Domain Name Registrations at very competitive pricing. Untanglemyweb.com will not charge you any markup on any hosting / domain name registration fees!
Untanglemyweb.com Pty Ltd
6/22-24 Brighton Street Biggera Waters
QLD 4216 Australia
Version 2.09 - January 2008