Date: June 2019
These are the Service Terms for Website Done For You. The Service Description for this Service is set out at https://melbourneit.au/websites/custom-web-design/. Our Universal Terms of Service apply to this Service.
Certain words used in these Service Terms have special meanings, as set out in clause 8. Any terms used and not defined in these Service Terms have the same meaning as given to them in the Universal Terms of Service.
1.1 Done For You Establish and Build plans are subscription services to design, build, host and manage your business website.
1.2 Done For You Grow plans are a monthly payment plan service to design, build, host and manage your business website. Done For You Grow plans are also available at a one off cost stipulated on the website at the time of purchase.
1.3 Done For You Establish and Build are provided using template designs. The templates are customisable to a degree but contain inherent limitations. We do not provide any guarantee that the templates can be customised to meet all your requirements.
Done For You Grow plans are provided using modular designs. The modular designs are customisable to a degree but contain inherent limitations. We do not provide any guarantee that the templates can be customised to meet all your requirements.
1.4 We may use third party contractors to perform the services. If we do, we will pass to those contractors your contact details and any information or materials that you supply to us such as the description of your requirements and content to be included in the website.
1.5 There is a minimum term (Initial Term) to the Services except for the “no fixed term” Establish plan. The Initial Term will commence when you accept our proposal. If you select the monthly payment option, you will be required to pay an upfront set-up fee and a monthly fee for each month of the Initial Term. If you select the up-front payment option, you will be required to pay all fees at the commencement of the Initial Term. The fees that are payable to us for the Initial Term are the Total Contract Value.
There is no minimum term to the “no fixed term” Establish plan. You will be required to pay an upfront set-up fee and monthly subscription fee in advance for each month (or part month) that you receive the Establish services.
1.6 If you have selected the monthly payment option, at the completion of the Initial Term, your service will roll into a month to month service. If you have selected the upfront payment option, your service will roll into a further term of the same length as the Initial Term.
1.7 We will build your website using category specific, pre-produced images from our libraries. We will also supply written content based on the requirements of your brief. If you prefer, you may provide us with your own content. If you do so, you are solely responsible for ensuring that the content you supply complies with all applicable laws and does not infringe the rights of any third party. We reserve the right to refuse to use any content that breaches our Acceptable Use Policy.
1.8 Any software or plugins made available to you by us for use with the service (Add-ons) must be associated with your Done For You Website and are not transferable to any other accounts you have with us, or any other websites. Not all Add-ons may be compatible with your website which is why you need to confirm your requirements before the build commences. These Add-ons require an active plan to the Services to remain active. We offer a number of Add-ons as standard for all Services which are subject to change and may be removed or added at our discretion and without notice to you. Many of the Add-ons are plugins which are supplied by third parties and we can only provide limited support for them. Add-ons will automatically renew on a monthly basis (unless specified otherwise) until they are cancelled by you or the Service is terminated.
1.9 If your service includes compatibility for a third party plugin:
1.10 Your Done For You Establish and Build website is backed up each time it is republished, but these are limited to 10 available backups within the last 12 months. Done For You Grow is backed up daily for a rolling period of 14 days. If you need to restore your website from a backup, we will use best efforts to do so but cannot be liable if the backup is incomplete or corrupt.
1.11 Whilst this service does not include security services, we will use best endeavours to secure your website, however, you accept that it is not possible to prevent all malicious activity. We do not warrant that the Services will be uninterrupted, timely, secure or error free, or that they will be free from hackers, virus, denial of service attack or other persons having unauthorised access to our services or those of our suppliers.
1.12 If you wish to upgrade your Done For You Establish service to the Build plan this is possible through your cPanel hosting. If you wish to upgrade your Done For You Build service to the Grow plan, this would require a new website build due to platform constraints. Whilst we will use all reasonable efforts, it may not be possible to reuse any part of your old website.
1.13 There are several steps to the delivery of the Services. Completion of the design and build in a timely manner depends upon your responsiveness to our requests for feedback and/or approvals Unless stated otherwise, we will expect you to respond to our requests within 5 business days. We are not responsible for any delays in provisioning the Service because of your failure to respond as requested or required.
1.14 If you request a material change in scope after the Brief has been finalised, we may treat this request as a cancellation of the service at our discretion (reasonably applied), and the cancellation terms will apply. The new scope will then be treated as a new order.
The steps are as follows:
|Welcome call||We will make an appointment to speak to you by phone to obtain your detailed requirements and instructions. All customer requirements, including selection of a template, must be finalised at the Welcome Call, or within 5 business days afterwards, otherwise a selection will be made on your behalf.|
|Brief||We will email you with the agreed list of requirements obtained from the welcome call. If you do not respond to the Brief within 5 business days by email, we will assume you do not require any further changes and will proceed to the first draft.
If you wish to use your own content, then that should be provided within 5 business days of the Welcome Call.
|Draft and review process||After acceptance of the Brief, we will use best efforts to supply a first draft:
For Core plan within 25 business days
For Core Plan + Advanced Addon within 27 business days
For Core Plan + eCommerce Addon within 30 business days.
Two revisions are included in all plans. You will be required to review the website draft and provide feedback within 4 business days of receiving each draft. If you fail to respond within that timeframe, the review process will be regarded as complete and you will be deemed to have accepted the completed website.
We may cancel the services if you have failed to respond to our requests for feedback for longer than 3 months and the cancellation terms will apply.
|Go live||You need to provide approval for website Go-live. The website does not go live until email approval is provided.
The ongoing monthly fees will continue to be charged after completion of the review process even if the website does not go live.
|Support post go live||Any support or revision required post web build will be provided in accordance with the details of your plan. We will respond to your requests within 5 business days provided you give us adequate information for the update.|
1.15 Upon payment of fees in full, and once we have finished and delivered the design, we will grant you a royalty free licence to use, display and publish the Done For You website for the duration of the Services. The publication of the website completes our obligations to you under these Service Terms for the design and build elements. The ongoing services will be for hosting, email and the ongoing management of that website (subject to your payment of ongoing monthly fees for the Service).
1.16 You grant to us a royalty-free, worldwide licence to use, reproduce, modify, edit or otherwise all content you supply, and to cache the entirety of your Website (including your Content) where hosted by us. You are responsible for obtaining any consents required of any third parties in connection with the grant of this licence to us. You also agree that any such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
1.17 Done For You Establish and Build websites cannot be ported away or hosted independently from our services as they are built on a proprietary platform.
Obtaining ownership and getting administrative access to the website (Done For You Grow).
1.18 Under certain circumstances, we will provide full administrative access, and transfer all rights in the Done For You Grow developed website to you. To the extent that the website includes our background intellectual property (such as our templates and content), we will grant to you a perpetual royalty free licence to use, display and publish the Done For You Grow website. If you attempt to obtain a copy of the website without our consent, it will be treated as a breach of your contract and all rights that you may have been given to use and publish the website content will be revoked. The transfer of ownership can take place as follows:
It is your responsibility to obtain a copy of the website if you wish to use it independently of our service. Once you have been provided with full administrative access, we cannot be responsible for changes not made by us. Additional charges at our then current T&M rates may apply if you require us to update or fix the website.
1.19 We do not warrant that you can obtain a trade mark, copyright or other protection in the Website and cannot provide any advice or guidance in respect of, any potential intellectual property rights issues which may arise from your use of the Services (including without limitation the use of Content in the Website).
1.20 You can terminate the “no fixed term” Establish service on 30 days’ notice. If you wish to terminate any other service before the end of the Initial Term, the following provisions will apply:
|Date of cancellation||Early Termination Fee|
|Before you receive the first draft||50% of Total Contract Value|
|After you receive the first draft||80% of Total Contract Value|
|After completion of the review process||Total Contract Value|
1.21 If you have selected the monthly payment option, you will be required to pay us the Early Termination Fee less any fees you’ve already paid us. If you have selected the upfront payment option, we will reimburse you the balance of your fees, if any, after deduction of the Early Termination Fee.
1.22 Once the service is cancelled, all licences in the website will be terminated and the website will be deleted without any liability to us whatsoever. We will not keep a copy of the website. Deletion of the website means deletion of all data including but not limited to website files, images, videos, email, databases, and all other intellectual property.