Website Hosting and Maintenance Terms of Service
We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
What do both parties agree to?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.
GETTING DOWN TO THE NITTY GRITTY
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly WordPress, HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (colour, texture and typography.) We call that ‘atmosphere.’
You’ll have plenty of opportunities to review our work and provide feedback. We’ll share a development site with you and we’ll have regular contact.
If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay us in full for the time we’ve spent working with you until that point and terminate this contract.
Unless agreed separately, we’re not responsible for providing the text or images into your content management system. You agree to provide any text or images that you require on your website.
Graphics and photographs
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can search through public royalty-free stock image repositories.
To provide required functionality to your website, your website may include premium WordPress plugins which we provide and include at no cost to you. For the duration of this website hosting agreement, these plugins will receive automatic updates. In the event that this contract expires or you no longer wish to continue receiving your website services through us, once we provide a copy of the website to you, these plugins may stop updating. In this case, you will need to purchase and obtain licences for these plugins if you wish for these plugins to receive future updates from their respective software vendors.
Due to the nature of software updates, it is possible that a plugin update may inadvertently cause errors or alter the behaviour of your website in an unintended way. While we cannot guarantee that plugin updates will never cause an issue for your website, we will do all we can to a reasonable level to ensure plugin updates are tested and compatible with your website. We may roll back to a previous version of a plugin in the event that issues are detected.
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. We won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Mobile browser testing
Mobile browser testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in:
iOS 9: Safari, Google Chrome
Android: Google Chrome on Android 10
We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate for that.
As agreed, we will be hosting your website on our Cloudmesh managed hosting solution utilising the Google Cloud Platform. Your website will be hosted in a Google data centre, located in Sydney. As a supplier to Cloudmesh, Google is obligated under a Service Level Agreement (SLA) to offer their Compute Engine services with an monthly uptime of at least 99.9%. While Cloudmesh cannot guarantee 100% uptime for your website, we will do all within our power to monitor and ensure your website remains up and running, and consult with Google as appropriate in the event any issues arise.
As part of your website hosting service with Cloudmesh, we provide server operating system and software/security updates for the WordPress platform and endeavour to keep patches up to date. Your website data will be backed up on a daily basis and stored for a period of 14 days. We can restore your website to a previous state within the last 14 days only, as required.
Cloudmesh will procure, install and manage SSL certificates for your website, ensuring encrypted traffic to and from the website utilising HTTPS. We will be responsible for maintaining and renewing the SSL certificate for the duration of this agreement.
Software such as Google Analytics is installed on our servers to allow us to provide accurate data and reporting services to you on the performance of your website.
We offer support for website hosting, and other services relating to hosting to the best of our ability. Alternatively, you may already have professional hosting and you might even manage that hosting in-house; if you do, great. Unless agreed otherwise, we do not provide email hosting services, instead we recommend using G Suite for your business email and can provide promotional codes to provide you with a discount for your first year of email services.
Search engine optimisation (SEO)
We will perform search engine optimisation (SEO) across your website to maximise the chances of improving your website’s search engine ranking. We cannot guarantee your site will rank first in search engines due to the sheer amount of competition, but we will perform all the necessary steps to maximise your chances. There are some aspects of SEO which are out of our control, such as domain authority (DA) which is affected by your social media posts, external websites linking back to your website, and so on.
Changes and revisions
We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional weeks.
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Intellectual property rights
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by you, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
Until final payment is received, we maintain complete ownership of all works. Once final payment has been received and your website has launched, you’ll own the website we design for you plus the visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You will own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.
Website Development: 50% payment upfront, and final 50% payment required prior to launching the website
Website Hosting: website hosting commences from the date of the website launch. Monthly hosting will be billed monthly
We can provide content updates and changes to your website on an adhoc basis for an hourly rate which we will provide estimates for, as required. Website updates are not included under the Website Hosting service.
We issue invoices electronically. Our payment terms are 30 days from the date of invoice. All proposals are quoted in Australian Dollars and payments will be made at the equivalent conversion rate at the date the transfer is made.
You agree to pay all charges associated with international transfers of funds, if applicable. The appropriate bank account details will be printed on our electronic invoice. We reserve the right to disable/remove a live website in the event of non-payment of an invoice after 2 months past the due date, and after making a reasonable number of attempts to contact you.
But where’s all the horrible small print?
Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.
We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Australian courts.