Any agreement shall be binding upon the heirs and assigns of the parties and shall be governed by and interpreted according to the laws of the both State and Federal Governments of Australia.
Unless otherwise agreed to in writing before begin any service or project these terms and conditions will apply.
1. Technical and general support is only provided to Account holders that have no outstanding fees or payments and is only available via email or support telephone.
Termination and Cancellation
2. Freo Media may terminate your account at its sole discretion in the event of serious breaches such as activities of an illegal or fraudulent nature, or any activity considered not in keeping with the ‘goodwill’ of the service. These include but are not limited to:
a. Spamming (sending unsolicited promotional electronic mail)
b. Downloading or storing of content that could be deemed ‘NC’ by the Australian Broadcasting Authority (ABA) or prosecutable under Australian Law. This includes things such as illegal software, software cracks and pornography.
c. Obscene material, fraudulent or deceptive statements, threatening, intimidating or harassing statements or material which violates the privacy rights or property rights of others, or is likely to be defamatory of another person.
3. Freo Media reserves the right to terminate the connection/account at any time if the service is used in a way in which Freo Media deems inappropriate.
4. Upon the Client signing the Freo Media contract or placing a online order the agreement is non-cancellable and no refund will be given (Subject to State and Federal laws). All monies will become due upon non-compliance by the Client. If the Client fails to remit a deposit after signing the contract all monies will become due 14 days after the due date and in the case of the deposits being paid there will be no refund under any circumstances. (Subject to State and Federal laws)
Limitation of Liability
5. Freo Media will not be responsible for any pre-recorded, registered, patented or copyrighted sounds, music, text, images etc that the Client wishes to utilise on their website. This is at the sole risk of your company. You should seek independent legal advice if you are unsure. Freo Media will not be liable, professionally or legally for any content of the website.
6. Whilst all care is taken with system security, Freo Media will not accept responsibility for loss of data or security problems. This includes any loss that could otherwise be deemed an ‘Act of God’. Freo Media aims to take all the care needed to prevent this, but takes no responsibility should this occur.
7. Freo Media provides no guarantee regarding the availability of the hosting service. The Client indemnifies Freo Media against any losses by the Client resulting from any failure or non-availability of hosting service.
8. Freo Media and its search engine optimisation service provides no guarantee of any nature to the client, with respect to search engine rankings, positioning and the resultant demand for, or sales of, the clients products or services.
9. Freo Media provides no guarantee of search engine registration, website functionality or statistics where the service is hosted externally.
10. All contracts are subject to the following payment terms upon signing the contract:
a. Option 1: Payment in full is required at the time of signing this agreement, prior to any work commencing.
b. Option 2: A 50% Payment is required at the time of signing this agreement, prior to any work commencing with the balance being due at completion of the site but prior to the site going live. No site will be made live until all monies under the contract have been paid in full.
11. Freo Media reserves the right to suspend or terminate the website due to non-payment of any outstanding monies due to Freo Media at any time.
12. Freo Media reserves the right to charge a processing fee for any payments that are referred to drawer.
13. The ‘Client’ agrees to pay all charges as incurred through usage of the hosting account + GST within the specified period. Failure to do this may result in the account being suspended and a ‘late fee’ or ‘set-up fee’ + GST incurred.
14. Freo Media reserves the right to charge a processing fee for hard copy tax invoices or any fees including bank fees that we may incur during processing your account.
15. Payment by Credit Card / Paypal will attract the following fees. Visa/ Mastercard 3%
16. Annual Charges. The annual charges for hosting / statistics / search engine optimisation / SSL certificates / domain names will automatically renew for twelve (12) months. The client may cancel any subsequent term by giving 30 days written notice prior to the expiry of that term. The renewal will cover the same services as contained in this contract. The rate payable may be increased without notice.
17. One ‘web page’ is defined as an A4 page with a maximum of 500 words and up to 10 images and/or videos.
18. The content required to design and develop the Client’s website:
a. includes all items of stationery, all sales brochures and marketing materials, product catalogues, photographs, company profiles and any other material used in the promotion of the Client’s organisation. In order to provide the copywriting service (where included in the contract sale price), Freo Media may also require additional information to be provided, including advice on the Client’s target market and unique selling points.
b. must be supplied to the Freo Media Project Manager within fourteen days of the signing of the contract. Failure to do so may result in a delay in production. Freo Media takes no responsibility for such delays and no alteration to the specified payment terms will be made.
19. All work in progress and / or completed work remains the property of Freo Media until all outstanding monies have been paid in full.
20. The site structure and services described on this contract are based on the initial information provided by the Client. During the website development process, further additions or changes may be suggested by the Project Manager and implemented subject to the approval of the Client and at the Client’s expense.
21. In the case where the website development includes a Content Management System, it is the responsibility of the Client to load additional content into the CMS-driven sections of the website. Freo Media can provide this service at an agreed upon rate if not already in contract.
22. Upon presentation and inclusion of all images and text (as supplied with starter kit) and after all functionality has been installed (in terms of the signed contract) the site is deemed complete and the Client will have seven days to advise of any changes. Failure to notify Freo Media within the seven days will result in the contract being considered duly completed with all outstanding monies becoming immediately due and payable.
23. The marketing of the website will not commence until receipt of all outstanding monies owed under the contract are paid in full. All intellectual property associated with search engine marketing may be removed upon cancellation of the search engine service.
24. Freo Media reserves the right to levy additional charges for concept redesigns beyond the initial design concept.
25. Freo Media reserves the right to access statistical data derived from the Client’s website and use it for its own purposes, including, but not limited to effectiveness analysis and promotion.
26. Freo Media reserves the right at all times to promote (or not promote at its discretion) a Client’s website for the purposes of Freo Media’ s own marketing through appropriate means including, but not limited to, the placement of the Freo Media logo and hyperlink on the Client’s homepage and listing of the Client’s website in a Freo Media website, directory or marketing material.