Terms & Conditions
TERMS AND CONDITIONS
1. This is an agreement between your legal entity trading as MagnetMedia Australia Pty Ltd ABN 74 169 302 685 (\"MagnetMedia\") and you (the \"Client\") for the supply of website design and hosting services by SiteEasy.com.au to the Client.
Scope of works
2. The services to be provided by MagnetMedia to the Client are those as outlined in this Agreement.
3. MagnetMedia will not begin with any stage of the design services until the Client has signed this Agreement and paid the required deposit amount.
4. The Client authorizes MagnetMedia to act as the Client\'s agent on all matters related to the provision of services by MagnetMedia including accessing the Client\'s hosting account and data storage space.
Timetable and Client\'s Responsibilities
5. To ensure that MagnetMedia deliver its services to the Client\'s satisfaction, the Client will adhere to the following timetable:
a. MagnetMedia will present the first draft design (\"Draft 1\") after receiving the Client\'s completed Website Design Instructions, a signed copy of this Agreement and payment of the deposit.
b. The Client will provide MagnetMedia with instructions for all amendments (the \"Draft 1 amendments\") to Draft 1 within 3 working days of receiving the draft.
c. MagnetMedia will present the final draft (\"Draft 2\") of the website to the Client within 5-10 working days.
d. The Client will attend to payment of the balance of any amount payable under this Agreement.
6. The Client will pay the Deposit amount upon signing the Agreement.
7. The Client will pay 60% of the total amount before delivery by MagnetMedia of Draft 1.
8. The Client will pay the balance of the total amount upon MagnetMedia present final draft or after 3 working days of presenting draft 1 without instructions
9. The Client will agree to be charged the balance or coming invoices through credit card charge system via 3rd party without further notice
10. The Client will pay all amounts due and payable under this Agreement to MagnetMedia on or before the date dates without any deduction or set off.
11. The Client may request changes and amendments to the design of the website appearance. MagnetMedia will not accept any request for amendments to matters other than website appearance.
12. The Client must submit all requests for changes and amendments are to MagnetMedia using only the approved standard forms. MagnetMedial will not accept any request for amendments that is not submitted using the approved standard forms.
13. The Client agrees to pay a design amendment fee of $100 for each subsequent request for amendments to the website design after Draft 2 amendments.
14. The Client may request MagnetMedia to upload a maximum of 50 merchandise items to the Client\'s Website free of charge. Any additional merchandise item to be uploaded to the Client\'s website will attract a fee of $10.Any additional work the Client which is not specified in the Website Design Instructions of this agreement section of this Agreement will require a separate agreement to be entered into.
15. Any unpaid and overdue amount will incur a late fee of $15 per month for each month the amount remains unpaid.
16. In the event that any amount remains unpaid and overdue for more than 60 days, MagnetMedia reserves the right to suspend the Client\'s Website and the Client\'s access to all email accounts associated with the Website until all outstanding amounts are paid.
17. The Client agrees to indemnify SiteEasy.com.au for all expenses incurred by MagnetMedia, including all legal costs incurred on a solicitor client basis, in the course of seeking to enforce the terms of this Agreement.
The Client\'s representatives
18. At the time of signing this Agreement, the Client will nominate in writing MagnetMedia those persons authorised by the Client to issue instructions to MagnetMedia in relation to the design of the Client\'s Website.
Ownership of copyright in website contents
19. The copyright and all intellectual property rights relating to these designs, concepts and reproduction vest in MagnetMedia. Any duplication, distribution, resale, usage, implementation or any form of reproduction of this material in any part or in its entirety by any other party other than MagnetMedia is prohibited by international intellectual property rights law.
20. Upon payment in full of the total amount payable under this Agreement, MagnetMedia will assign to the Client the copyright and all intellectual property in the designs and contents of the Client\'s Website.
Refund and Fee Waiver Policy
21. Under no circumstances will MagnetMedia refund the Designing Fee paid under this Agreement.
22. MagnetMedia reserves the right to offer any refund at its sole discretion without any discussion with or reference to the Client.
Search Engine Optimisation on Google Listing Service
23. MagnetMedia will, within 6 months of the Client signing of the Agreement, endeavor to attain listing and appearance of the Client\'s Website on the first page of a Google search using the keywords nominated by the Client in this Agreement\'s Google marketing services .
Credit Card Charges and Cancellation
24. MagnetMedia will charge the client for website maintenance/marketing fee according to contract terms using client\'s credit card. In order to maintain the website marketing running and the website on the internet up to date before domain name and hosting expired, the client authorizes Magnetmedia to charge the client\'s credit card to pay the recurring charges. The client can cancel the website marketing/ website maintenance after contract term expired or before the maintenance invoice due date; it has to be in written format to instruct cancellation.
1. The Guarantor agrees to assume all liabilities of the Client to MagnetMedia under this Agreement.
2. The Guarantor agrees to indemnify MagnetMedia for any loss and damage suffered by SiteEasy.com.au as the result of any breach by the Client of any of the terms of this Agreement.
3. The Guarantor acknowledges that he or she has read and understood the terms of this Agreement including the terms relating to this Guarantee.
4. The Guarantor warrants that he or she has had the opportunity to seek independent legal advice in relation to the terms and effect of this Guarantee before signing the Guarantee.
There are 2 revisions on website design projects
Any additional revisions will be charged per hour
The Client will provide MagnetMedia with instructions for all amendments (the \"Draft 1 amendments\") to Draft 1 within 5 working days of receiving the draft 1.(收到第一稿后，客户五天内提供更改信息)
The Client may request changes to the design of the website appearance. MagnetMedia will not accept any request for amendments to matters other than website appearance. （只修改设计，不包括功能）