Website Development Terms Of Service Agreement

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Website Development Terms Of Service Agreement

Terms and Conditions of Marketing One Group Pty Ltd (ABN: 99 675 415 924)

These Terms of Service (“Terms”), are entered into by and between Marketing One Group Pty Ltd (ABN: 99 675 415 924) and or its associates, related parties, successors and assigns (collectively referred to as ‘Provider’) and the Client. You also accept the Terms of Service when you undertake any website development or any other project/service involving the development/design of a website. Additional or separate terms may apply to your interactions with other Marketing One Group websites and to your use of with individual services or features available on the Site, such as reviews and SEO Audits. We may make changes to the Site and Terms of Service. It is your responsibility to review the Terms of Service for updates and changes.

Marketing One Group is a website design & online marketing agency which also offers the following services to clients in Australia: Online Marketing, Website Development, SEO, Search Engine Optimisation, Graphic Designing, Social Media Marketing, SEO Copy Writing, Article Writing, Hosting, Directory Submissions, Press releases submissions, blog postings, social bookmarking & Google places / maps optimisation.

1. Definitions
As used herein and throughout this Agreement:
1.1 “Agreement” means the entire content of this Basic Terms and Conditions document, the Proposal document(s) with any other Supplements designated below, together with any exhibits, schedules or attachments hereto.
1.2 “Client Content” means all materials, information, images, writings, logos and other creative content provided by client for use in the preparation of and/or incorporation in Marketing One Group’s Program
1.3 “Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under Australia Copyright Law.
1.4 “Deliverables” means the services and work product specified in the relevant plans mentioned on the Website or as proposed by the business, up to 50% to 70% of the features will be included, 30% to 50% of the features or results may vary according to Search Engine Algorithms.
1.5 “Project” means the scope and purpose of the Client’s identified usage of the work product as described in the Proposal.
1.6 “Services” means all services and the work product to be done by Marketing One Group.
1.7 “Third Party Materials” means proprietary third party materials which are incorporated into the Final Deliverables, including without limitation stock photography or illustration and Content Writing.
1.8 “Client” Client means the individual or an organisation whose details are listed in the Service Order Form as the purchaser of the Services
1.9 “Services” The Provider offers comprehensive search engine optimization and website solutions for businesses and organisations. The Services supplied by the Provider include, without limitation, any or all of the following:
a) Search Engine Optimisation:, b) Search Engine Marketing, c) Pay Per Click Marketing:, d)Social Media Marketing:, e) Internet & Online Marketing:,
f) Link Building:
g) Search Engine Submissions, Website Promotion, Web Design, Website Copywriting, i) Reputation Management., h) Content Marketing
1.10 “Provider”: The “Provider” refers to Marketing One Group who is providing all the services mentioned in the section (1.9) above to the client.

1.11 “Website”: The Website refers to the product delivered to the Client by the Provider.

2.0 Payment Terms

Website Development Payment Terms:

50% deposit required before commencement with the remaining balance due 7 days after website training and before the website goes live (whichever comes first). All deposits are non-refundable.

3.0 Functionality Specification

I have read and examined the website CMS functionality specification as supplied by Marketing One Group, and I understand the described functionality will be constructed exactly as per the information contained within. Further changes to the website functionality may incur additional costs and must be approved by Marketing One Group, and only after negotiation with all parties present.

4.0 Browser Variance

Our websites are optimised for HTML compliant browsers. We test using browsers that are statistically the most commonly used. Layout and aesthetic elements may change or degrade in some browsers. Websites are tested on:

Microsoft Edge (PC)

Latest version of Firefox (Mac & PC)

Latest version of Safari (Mac & iOS)

Latest version of Chrome (Mac, PC & Android)

5.0 Monitor Resolution Size Variance

Our websites are optimised for screen resolutions that are statistically the most commonly used. Layout and aesthetic elements may change or degrade on some screen resolutions. Websites are tested on:

1920 x 1080 & Higher

1366 x 768

6.0 Colours

Website visitors use different monitors with different settings. Colours and image quality of the website including graphics and photography will shift between computers and monitors.

7.0 Additional Cost Allowances (if required):

Additional services or alterations outside the scope of the estimate will be quoted as needed. The developer may also provide estimates for the following additional services if they are required for completion of the project:

  • Recurring fees for website hosting and email services.
  • Purchase of specific fonts.
  • Purchase of specific photography.
  • Purchase of specific software.
  • Purchase of specific third party services.
  • Stock images – $33/image
  • Custom functionality and widgets based on client request

Alterations or updates to website design after approval of concept or following completion will be charged at $150/hr +GST.

8. Credits & Attributions

8.1 To the maximum extent permitted by applicable law: (a) the Provider hereby waives any moral right of paternity that he or she may have in relation to the Website; and (b) the Provider shall ensure that all employees and contractors of the Provider shall waive in writing any moral rights of paternity that they may have in relation to the Website.

8.2 Notwithstanding Clause 8.1, the Client acknowledges that the Provider shall include a credit on each page of the Website.

8.3 Subject to the express written agreement of the parties to the contrary, this credit: (a) shall be in the following form – “Website by Marketing One” or “Website by M1G”; (b) shall be included in the website footer and code only; (c) shall include a hyperlink to the website of the Provider; (d) shall remain visible on every page of the website in perpetuity.

8.4. The Client must: (a) not without the prior written consent of the Provider alter, edit or remove the credit from the Website; and (b) ensure that no other person authorised by the Client to change the Website alters, edits or removes the credit from the website.

9.0 Indemnity

Over time, certain aspects of the website may have unforeseen issues. For example: browser compatibility may diminish, unknown customer input and other various events may cause slow degeneration of my website, or third-party services that the site is dependent on may change in functionality or become altogether unavailable. I agree that issues such as these are not the responsibility of Marketing One Group after the 90 days technical warranty and hereby agree to hold harmless and indemnify Marketing One Group, its officers, agents and employees, from any and all liability, loss, damages, costs, or expenses which are sustained, incurred, or required arising out of the use, operation, or malfunction of this website.

10.0 Website Technical Warranty

Your website comes with a 90-day technical warranty and covers bugs or technical errors as a result of the original development.  The 90 day period starts from the delivery date of your completed website in staging / content population phase.

Whilst we follow best practice for testing and debugging, there are occasions where a bug may slip through our testing systems and be discovered by you. This is completely normal and this is why we ask you to also test your website within the first 90 days how you would use it to determine any issues that require further debugging. It is your responsibility to review and test the website to ensure you are happy with it during the initial 90 days from date of delivery.  Rest assured that we will tend to any fixes very quickly.

Any bugs or technical errors that fall outside the 90 day period of any nature will be quoted for separately and not fixed within the definition of the 90-day warranty. Any code altered by you, the customer and/or 3rd party applications, used in your website, is outside the scope of our warranty.  The accuracy of the content provided to complete the website is your responsibility, and alterations are considered change requests.

General Terms & Conditions

Quoted Prices

Quoted prices are valid for 30 days from the date of this proposal. Quoted prices do not include GST unless otherwise stated. Regular monthly invoices will be submitted for all works performed. Design quotes include 1 design and 2 rounds of changes, unless otherwise stated. Further changes if required are billed at $150 plus GST per hour. Unless otherwise stated, photography, stock photography and copywriting are 3rd party expenses and are not included in the quoted price. Stock photography is charged at $33 plus GST per image. A separate 3rd party copywriting quote or professional photography quote can be provided upon request.

Payment Terms

Full Payment is due upfront before a project begins unless otherwise stated. Proposal price may be subject to change upon receiving the final plans.

In the event of a failed automatic payment, the Client agrees to pay the Provider an administrative fee of $12 per failed transaction within 7 days of an invoice.

Payment Terms

All projects are allocated a specific timeslot in our schedule/calendar. Should any project be delayed by the client beyond 6-months from the starting date of the project. The client will be required to settle remaining payment. This does not conclude the agreement of the project, however, the client may resume the project at any stage in the future.

Parked Projects
If we encounter extensive delays in receiving feedback or website content / information from you and after many repeated attempts, are still unable to complete your project due to lack of receipt of such, your project may be parked to continue when you are more ready to do so. If project completion extends beyond 3 months, additional charges may occur to bring the project back on line for completion. These charges are related to re-familiarisation of project by our team, updates required to WordPress core, plugins and possibly theme.

Limitation of Liability

The services and the work product of Marketing One Group are sold “as is.” In all circumstances, the maximum liability of its Designers, Developers, Directors, Officers, Employees, Design Agents and Affiliates (“Marketing One Group parties”), to the CLIENT for damages for any and all causes whatsoever, and the CLIENT’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net cost of this project. In no event shall Marketing One Group be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Marketing One Group even if Marketing One Group has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy. Once the project has, in the opinion of Marketing One Group been completed, Marketing One Group will notify the CLIENT either verbally or in writing and provide the CLIENT with an opportunity to thoroughly review the project. It is the CLIENT’S responsibility to check carefully for accuracy in all respects, ranging from spelling, product/service information and contact details. Whilst we take all care in ensuring the accuracy of all information, Marketing One Group is not liable for errors or omissions. The CLIENT indemnifies Marketing One Group against any loss or damage arising directly or indirectly from any errors and omissions.