Terms and Conditions
We reserve the right to share your account information, including name, email, username, and billing information, with our third-party vendors if support is needed to assist us with managing your account.
By becoming a subscriber of this site, you agree to abide by our contract, which is as follows:
Introduction
We’ll always do our best to fulfil your needs and meet your expectations, but it’s essential to have things written down so that we both know what’s what, who should do what, when, and what will happen if something goes wrong. You won’t find any complicated legal terms or long passages of unreadable text in this contract. We don’t want to trick you into signing something you might regret later. We want what’s best for both parties, now and in the future.
In a Nutshell
You are hiring Your Digital Agency (Flat Rate Websites) to build your business a new website for the agreed-upon price with ongoing support for one year.
After one year, your contractual obligation is completed, at which time you will roll into our month-to-month management plan, or you may take your website and leave Your Digital Agency (Flat Rate Websites). If you choose not to cancel after one year, you will continue to use our services monthly for $97 per month, which can be withdrawn at any time.
What do Both Parties Agree to
The Client
You can 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 and provide feedback and approval promptly too. Deadlines work two ways, so you’ll also be bound to keep the project moving. You also agree to stick to the payment schedule set out by the terms of the subscription billing.
Your Digital Agency (Flat Rate Websites)
We have the experience and ability to do everything we’ve agreed with you, and we’ll do it all professionally and on time. 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.
Project Timeline
Our typical development time is approximately four to six weeks. This timeframe may fluctuate; please consult your Project Manager for a specific deadline. Add-on services may add up to 1 to 3 business days onto our project timeline per add-on item.
Custom websites will take longer, typically adding two weeks to your timeline. Regular correspondence from you, the client should be no more than one business day. Any wait time beyond this may add time to the launch project. Our development time is accounting for our deliverability but does not account for any extra time added to the project by the client requesting revisions or lacking communication. These extenuating factors will delay your project timeframe.
What Will be Included in the Website Build
The predetermined amount of pages your package contains (additional pages and content writing are an additional fee), on-page SEO, mobile/tablet optimization, and custom contact forms. Our custom-made websites will allow customers to ask for limited revisions or make design changes. However, design changes may not be requested from our template packages, and these designs are already established.
Revisions
If you purchase a custom site upgrade, you may request up to two revisions of our initial design concept. Once the initial design concept (the home page) is approved, the rest of the website will be built with the same design and functionality. Any revisions requested after the initial design concept has been accepted will invoke a fee determined by the scope and complexity that is asked for. We will determine the content and provide you with a quote necessary for the requested revision, to which you may approve or request changes to the project scope to alter the selection.
All other website packages, by default, are based on our templated designs unless a custom design upgrade is purchased. Template sites may not have design revisions, and the design is already set in stone. You may, however, request changes to media, colours, fonts, or content, but you may not request changes to the design layout.
What Will be Included in the Monthly Maintenance
Premium web hosting, security certificates (HTTPS), 3rd party daily backups, uptime monitoring, automated security checks, automated performance checks, updates, unlimited content edits, and unlimited support available when needed! Our monthly maintenance plan is provided to you on a yearly basis.
Tech Support
You can request updates to your website anytime by visiting the Client Portal and navigating to the support area or by email. If you are, for any reason experiencing difficulties with your website, you may reach out to the Project Manager assigned to your account. All Tech Support needed to keep your website running smoothly is included at no extra cost. We will respond to your email promptly, and please allow up to 2 business days for us to address any technical difficulties.
Communication
You will have a go-to team member as your primary line of communication. During the website development, you’re assigned a Project Manager who will be your direct line of communication. After your website is live, your primary contact for updates to your website will be your client success manager.
Although other team members may sometimes reach out to you, that doesn’t mean they are now your line of communication; it’s essential to follow communication guidelines with the prescribed team members assigned to you for the best outcome. If you do not follow our communication guidelines, there may be delays or breakdowns in communication. Please communicate with your assigned team members only. You are expected to share with us promptly via email. If you request other means of communication, we may be able to facilitate those requests, but we do not guarantee it. Our only means of communication from Your Digital Agency (Flat Rate Websites) to you, our client, is email. If you would like to speak on the phone, you may request a scheduled call with your assigned team member or simply email them asking for their call schedule.
Legalities
We’ll conduct our work following good industry practice and at the standard expected from a qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free, 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 number 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.
Website Ownership
While your website is being leased, you have a full and unrestricted license to use the website in any way you wish. You will not, however, be given ownership of the files until your website is fully paid off. Once your website is fully paid off, you will continue to have an unrestricted license to use the website in any way you wish and full control of any website files. We maintain the right and ownership to utilise any designs and images that we created for your project to be utilized in any of our other projects
Site Access
Your Digital Agency (Flat Rate Websites) allows customers to have personal access to their website and the ability to grant access to third-party vendors.
We do not accept responsibility for any issues related to changes made to the website other than changes made directly by an employee of Your Digital Agency (Flat Rate Websites). We may be able to fix issues relating to the website resulting from actions made by clients or third-party vendors, but we do not guarantee any results or timeframes. We may charge a fee to resolve issues directly resulting from clients or third-party vendors editing the website. The website is to be hosted on our servers during the service agreement.
Displaying Our Work
We reserve the right to display all aspects of our creative work, including screenshots, work-in-progress designs, the completed project on our portfolio and articles on websites or other media. We are proud of our work and reserve the right to apply the web design by Your Digital Agency (Flat Rate Websites) on your website. Should you wish to remove the credit, a fee of $250 applies. Removing our name does not mean surrendering our design credit to any other party. Without our consent, you agree that Your Digital Agency (Flat Rate Websites) will be visibly displayed on your site acknowledging design credit in the Footer.
Non-Exclusivity of Template Sites
Our template sites do not warrant any form of exclusivity whatsoever. Other people in your area could already have or will have a templated design by Your Digital Agency (Flat Rate Websites). If this concerns you, let us know, and we will check the area for others with the same design you chose. If someone else has the same template, we can ensure the use of different photos and colours so as not to make them look identical. Alternatively, you may hire us for a custom or partial custom job.
Scope Of Work
The scope of work will be determined by which package you choose. If you decide to add more pages, content writing services, or any other services not previously agreed upon at the beginning of the website project, these add-ons will be subject to additional costs, and the project timeline will be extended.
Requirements of the Client
After you select and purchase your website subscription, you can submit your company’s information to us in our onboarding form and offer all the media you wish to have on your website.
Please submit all images and videos to us at one time; please do not send media to us in pieces over some time, but instead, please deliver everything to us at once. We will not begin working on your project until your onboarding form is submitted and your media has been provided.
Content Writing Services
Content writing is available as an add-on service for your website. We will discuss which pages you require and complete your content writing needs if you purchase our content writing services. Special requests for content must be made upfront; revisions for technical reasons not explained before our content team developing the copywriting are not permissible. If this situation arises, you must complete the content revisions necessary in a word document and then deliver the revised content to us. You may not accept our content writing for anything not previously disclosed via email before hiring us for content writing services. If you are unsatisfied with our content writing for discussed matters, we will gladly revise the content for you. You need only to let us know which areas you are dissatisfied with and email those to your Project Manager, and our content team will make the necessary revisions.
Content Submitted By The Client
If you decline to use our content writing services, you will be responsible for delivering all necessary content for your website. You will be provided access to the website or a site wireframe with content guidelines to see all the areas you need to provide writing for. You will be responsible for providing all the necessary content for your website in one document. This can be delivered via a Microsoft Word Doc or a Google Doc. We will not retrieve content from your old website or elsewhere online on your behalf; you must provide all necessary content writing or hire us to do new content for you. You must provide all content in one document for the entire site and email this to your Project Manager. If your content is not completed, please do not send pieces of it at various times because it will not be accepted; it must all be delivered at one time in one document.
Launching Your Website
We will seek to get your website online as soon as possible. Sometimes, we will launch a website before it is 100% completed. Your new website is an asset and cannot serve your business unless it is online for your customers. For this reason, we seek to get your website online immediately. If your project has content writing on at least the home page, we will pursue launching your website and then complete the rest of the content or edits that you may request post-launch.
Payment Schedule
We’re sure you understand how important it is as a small business that you keep up with your automatic billing. Your credit card will be billed monthly for the amount agreed upon once per month for one year through our billing system. Once the service agreement period has ended, your service payment will automatically drop to $97 per month. This ongoing service is month-to-month and can be cancelled at any time once your commitment is completed.
Alternatively, you can sign a new contract and get a brand-new website at the same price.
Early Termination
Any contracts terminated before the final 12-month agreement will be given a cancellation fee of 50% of your remaining balance, and your website will be removed. If you wish to cancel your contract and take your website to another provider, the remaining balance of your agreement must be paid in full; then, we will package up your website files and transfer them to you. Suppose you cancel your billing before your commitment is completed or dispute any monthly payment to Your Digital Agency (Flat Rate Websites); in that case, this will voluntarily cancel your contract with Your Digital Agency (Flat Rate Websites); the early termination clause will be invoked immediately.
Late Payments
We understand you may have a late payment due to insufficient funds or an expired credit card; we know this and will email you to remind you that your payment was missed. Any charges 30 days past due will incur a $50 late fee.
Delinquent and Defaulted Payments
If you are delinquent for over a month in your billing, your website will be automatically frozen. If your billing reaches three months of outstanding payments, your billing contract will be considered to have defaulted, and the entire balance of your remaining agreement will be due to get your website back online.
Moving Forward After the Initial Contract is Completed
Once your service agreement is up, your monthly billing will automatically drop to the base minimum of $97 monthly. This is our month-to-month ongoing website hosting and maintenance cost. If you wish to cancel your billing after one year, you are free to do so. If you choose not to cancel, you will automatically continue in our month-to-month ongoing website maintenance plan. Here are the two possible actions you may decide after completing your service agreement.
Option 1.
No action is necessary; automatically move to our month-to-month maintenance plan. You can enjoy peace of mind from here, knowing that we will actively host and maintain your website for $97 monthly. You will automatically roll into our month-to-month service after 12 months, and it can be cancelled anytime.
Option 2.
Cancel all services. We can package and deliver your website files to you to host, manage, and maintain your website moving forward. You will have a grace period of 2 weeks once your contract is up to move your website to another hosting provider if you do so choose.
7-Day Money Back Guarantee
We guarantee your purchase for seven days. Let us know if you wish to cancel, and we will cancel your contract. Your 7-day warranty begins when you sign this contract or start paying, whichever is first.
We Reserve the Right to Refuse Service to Anyone
We reserve the right to sever our contract with any client at any time for any reason we deem reasonable. This is extremely rare, but if our company decides that it is not fruitful for either party to remain in contact with each other, we reserve the right to break that contract. If we end your contract, you are not liable for any cancellation fees and are free from all clauses within this contract. If we terminate our agreement, we will cancel your billing and shut off your website. If you wish to take ownership of your website, you may do so by paying off the remainder of your contract; we do not in any way want to keep you from having your website. If you pay off the remaining balance of your website, we will package up the website files and deliver them to you to host and manage after that.
Governing Law/ Forum
This Agreement shall be construed following the internal laws of Australia without regard to conflict of laws rules. The venue shall be in a court of competent jurisdiction in the State of NSW.
Attorney Fees
In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.
Indemnity
Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from any third-party claims, demands, liabilities, costs, and expenses, including reasonable attorney’s fees, costs and expenses resulting from the indemnifying party’s material breach of any duty, representation, or warranty under this Agreement.
Severability
Suppose any provision of this Agreement is held to be invalid, illegal, or unenforceable. In that case, the remaining portions of this Agreement shall remain in full force and effect and construed best to effectuate the original intent and purpose of this Agreement.