General Website Terms & Conditions

Service Agreement

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Mitiwebsites.com’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Mitiwebsites.com and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Mitiwebsites.com’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential precondition to you using our website that you agree and accept that Mitiwebsites.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

Our goods and services come with guarantees that cannot be excluded, modified or restricted under the Australian Consumer Law and are in addition to any manufacturer or supplier warranty.

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Mitiwebsites.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Mitiwebsites.com.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

RETURNS AND REFUNDS

Mitiwebsites.com handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return your order, please notify us within 7 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of Mitiwebsites.com.

LINKS TO OTHER WEBSITES

Mitiwebsites.com may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Mitiwebsites.com and the owners of those websites. Mitiwebsites.com takes no responsibility for any of the content found on the linked websites.

Mitiwebsites.com’s website may contain information or advertisements provided by third parties for which Mitiwebsites.com accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, Mitiwebsites.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Mitiwebsites.com gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Mitiwebsites.com to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At Mitiwebsites.com, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Mitiwebsites.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION

Mitiwebsites.com may be required, in certain circumstances, to disclose information in good faith and where Mitiwebsites.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Mitiwebsites.com. Mitiwebsites.com expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Mitiwebsites.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Mitiwebsites.com reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Mitiwebsites.com expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Mitiwebsites.com concerning your use and access to Mitiwebsites.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

WEB DEVELOPER SERVICES

To engage our services, a formal quote must be agreed. All proposals, quotes and projects are subject to the client terms included in our Web Design Agreement. When you engage our services, you agree that we are reliant on the information supplied by you, the client, in order to provide the services. We cannot be held responsible for any results of our services based on such client information and we cannot be held responsible for how you choose to use the outputs of our services.

Any website designs, themes, custom code, images and other content (together “Material”) you may find on our website are owned by us or may have been created by us for our clients with permission to reproduce on our website. At no time are you permitted to copy, download, share or otherwise use this Material for any purpose. All Material on our website is copyright protected.

COPYWRITING SERVICES

To engage our services, a formal quote must be agreed. All proposals, quotes and projects are subject to the client terms included in our Copywriting Agreement. When you engage our services, you agree that we are reliant on the information supplied by you, the client, in order to provide the services. We cannot be held responsible for any results of our services based on such client information and we cannot be held responsible for how you choose to use the outputs of our services.

Our website may contain samples of our client work. You are at no time permitted to copy, modify or use in full, all or any part of these materials.

JURISDICTION

This agreement and this website are subject to the laws of QLD and Australia. If there is a dispute between you and Mitiwebsites.com that results in litigation then you must submit to the jurisdiction of the courts of QLD.

SERVICES AGREEMENT

This Agreement and these Client terms (‘Terms’) apply to the services that we provide to you.

By signing the Proposal, by instructing us to proceed, or by otherwise engaging us, you, the Client, agree to these Terms as set out below:

  1.         DEFINITIONS

Client’ or ‘You’ means you, the party as named in the Proposal which is hiring us to provide the Services.

‘Content Creator Specialist’, ‘Creator’, ‘we’, ‘us’ means the person who is engaged and agrees to perform the Services that may be agreed in writing from time to time.

‘Fee’ means the price for the Services, or Project as set out in the Proposal.

‘Fee Payment Schedule’ means the Fee Payment Schedule set out in the Proposal.

‘Hourly Rate’ means the Hourly Rate set out in the Proposal.

‘Project’ means the Project, work or content described in the Proposal.

‘Project Commencement Date’ means the Project Commencement Date set out in the Proposal.

‘Project Completion Date’ means the Project Completion Date set out in the Proposal.

‘Proposal’ means the Proposal document which sets out the key details of the Project and the Services and is signed by the Client.

‘Services’ may include website design and development services, content and copywriting or other related services as outlined in the Proposal as well as any other services that may be agreed in writing from time to time.

  1.         DELIVERY AND APPROVAL OF SERVICES AND PROJECTS
     

2.1.          The Creator agrees to start providing the Services and to commence the Project on the Project Commencement Date and will endeavour to deliver the Project by the Project Completion Date. The Client acknowledges that all Project Completion Dates are estimates only and may be dependent on delivery of information, files and materials from the Client, technical, third party or other issues that may be out of the control of the Creator. The Creator will make best efforts at all to meet the Project Completion Date.

2.2.          In the event of any delay in delivery, the Creator will notify the Client to discuss and agree an alternate date. The Client acknowledges that any late provision of any materials, information or responses that the Creator may have requested or may require may result in a delay to delivery of the Project. The Client acknowledges that the Creator is not responsible for any such delay.

2.3.          The Services will include a first version of the Project and two reasonable revisions at no further cost to the Client. A ‘reasonable revision’ means non-material, minor changes only. Any structural, substantial changes or new material not included in the original Proposal will be charged at the Creator’s Hourly Rate at the time of the request.

2.4.          Requested revisions must be returned to the Creator within one week of submission of the first version of the Project or as otherwise agreed. Any late delivery of revisions by the Client to the Creator may result in a delay to finalisation of any Project as the Creator may have blocked their time out for other work and clients.

2.5.          The Creator will complete and deliver the Project with the final revisions within one week of receiving revision requests; with the exception of any agreed Projects for which the Creator and the Client have agreed an alternative timeframe.

2.6.          The Creator may design websites using WordPress or other similar content management systems.

2.7.          Upon completion of the Project and payment of all Fees by the Client, the Creator will transfer to the Client all rights to the Project which the Creator holds or controls.

2.8.          In the event that the Project involves website design using a purchased WordPress theme, or a subscription with a hosting provider or content management system (“Subscription”), the Client is responsible for the costs of any ongoing Subscriptions including any WordPress templates, after the initial term which may be included as part of any Project and Services package, and, in addition to the Fees for the Services and the Project.

2.9.          The Client acknowledges that any website provided by the Creator in connection with the Project may break, develop errors, or become unresponsive at a later date for a variety of reasons, such as:

                                   2.9.1.          if the Client fails to renew a licence or subscription in relation to the website; or

                                   2.9.2.          if a relevant content management system, relevant hosting provider or any other relevant platform or provider releases an update or makes a change which is incompatible with the website.

2.10.          Upon delivery of the Project to the Client, and formal approval of the Project by the Client, the Creator is released from any further obligations in relation to the Project apart from any ongoing maintenance and support that may be offered and form part of any package. Unless otherwise agreed in writing, then the Creator is not responsible for any ongoing maintenance, troubleshooting or updates of the Project.

  1.         FEES

3.1.          In consideration for the Creator’s performance of the Services and delivery of the Project, the Client agrees to pay the Fees as set out in the Proposal.

3.2.          Unless otherwise specified in writing, any Fees set out in the Proposal are in AUD and exclusive of goods and services tax (‘GST’). If GST applies to the Fees, this will be payable by the Client in addition to the Fees.

3.3.          Fees will be payable by the Client on the dates as set out in the Fee Payment Schedule where relevant to the Project.

3.4.          In the event that the Client requests the Creator to perform any additional work beyond what is set out in the Services and the Project, such additional work will be charged at the Hourly Rate.

3.5.          In the event that the Services or the Project are terminated before completion, for a reason that is permitted by these Terms, the Client shall be liable for any Fees for Services or the Project that have actually been provided, calculated on a pro rata basis.

  1.         CLIENT APPROVAL AND USE OF PROJECT MATERIAL

4.1.          The Creator agrees that they will be the sole author of the Project or will use their own professional qualified employees or contractors. The Creator shall be solely responsible for any employees or contractors they use to assist with any Project and will vet all final versions prior to presentation to the Client.

4.2.          The Client is responsible for written approval required for the completion of the Project within the agreed timeframe. Payment of the invoice rendered by the Creator or any publication or use of the Project also constitutes formal approval of the Project.

4.3.          In the event of any delay attributable to the Client including but not limited to Client input, information required, approvals, unavailability or other delay that persists beyond 60 days, an invoice will be issued due and payable for all work up to and including the date of the invoice. The Creator may choose to cease work on the Project unless and until such time as the Client becomes available and all invoices are paid to date.

  1.         CONTRACTORS

5.1.          The Client acknowledges and agrees that the Creator may engage contractors, consultants or other third parties (‘Contractors’) to perform some or all of the Services on the Creator’s behalf.

5.2.          The Creator will ensure that any Contractors that the Creator may engage from time to time will have the relevant qualifications or experience and will comply with the Creator’s obligations under these Terms, including those obligations in relation to confidentiality.

  1.         ERRORS AND OMISSIONS

6.1.          While the Creator makes all efforts to ensure that the Project is reviewed and accurate where applicable, there is no guarantee that every Project is completely free from errors or missing content. The onus is on the Client to ensure all requested or required content is included in the Project and identification of any errors or changes required before final approval.

6.2.          In addition, as the Project and Services are generally based on the materials, content and information provided by the Client, the Creator is not responsible for errors occurring in the Services or Project or in any projects related to the Services or Project after approval of the Project by the Client.

  1.         CONFIDENTIALITY

7.1.          ‘Confidential Information’ means all information of a confidential nature concerning the Client and its products, disclosed to the Creator by the Client and includes any written or oral information that is provided by or disclosed directly or indirectly through any means that is not already in the public domain.

7.2.          Materials and work may be provided to the Creator from time to time in order to enable provision of the Services. The Creator shall exercise due care not to disclose Confidential Information to any third party without express written permission of the Client and will only use the Confidential Information in order to enable the provision of the Services.

7.3.          Despite anything contained in this clause, the Creator may disclose Confidential Information to the extent required by law or a regulatory authority.

7.4.          During the performance of the Services and after their termination, all information concerning fees, payment arrangements, terms and any other information disclosed by both parties, shall be treated as Confidential Information by both parties.

  1.         CREATOR WARRANTIES AND CLIENT ACKNOWLEDGEMENTS

The Creator warrants that:

8.1.          The Project material and design provided as part of the Services is original and does not infringe the intellectual property of any third party. Where images or materials are provided as stock or purchased on a licence basis by the Creator, the Creator will ensure the Client has been assigned all rights to the licence of any images or materials purchased.

8.2.          In providing the Services, the Creator will comply with general law and industry standards.

8.3.          The Project will be original and unique work and will not knowingly breach any third party rights.

8.4.          The work performed to provide the Services will be done to a high standard in accordance with best practice.

8.5.          The scope of the Services will be limited to the description provided in the Proposal, these Terms and as may be agreed in writing from time to time.

The Client acknowledges and agrees that:

8.6.          The Client will provide all relevant information required for the Creator to carry out the Services in a timely manner.

8.7.          The Client will supply the outline for the work and Services and any research material that the Creator may require to complete the Services, including any person to be available to respond to queries or additional information that the Creator may require to finalise the Project.

8.8.          All work is completed based on and in accordance with the Client’s instructions.

8.9.          In the event that the Project and the Services involve any third party resources or platforms (such as WordPress templates or third party hosting providers) the Client must agree to any terms and conditions relating to such third party resources or platforms.

8.10.          The Creator cannot control where and how any Project may be amended, posted, published or otherwise used by the Client and for this reason, the Client agrees the Creator is not responsible for any Project or Services after they are provided and approved.

8.11.          Any material or content (‘Material’) provided by the Client which forms part of the Services or Project is the responsibility and liability of the Client and the Client will indemnify the Creator for any direct or indirect claims including any third party claims in relation to the Material or use of the Project. The Client warrants that all Materials provided to the Creator are either owned by or licensed to the Client for the use provided.

  1.         LIMITATION OF LIABILITY AND INDEMNITY

9.1.          Legislation may confer certain rights, warranties and guarantees and remedies relating to the provision of the Services which cannot be excluded, restricted or modified, including but not limited to the Australian Consumer Law (‘ACL’). At no time are these statutory rights sought to be excluded.

9.2.          The Client agrees to indemnify and hold the Creator harmless from and against all claims, demands, regulatory proceedings and/or causes of action, and all damages, liabilities, costs (including settlement costs) or associated expenses (including legal fees) resulting from written or published material produced for the Client, or arising in connection with any information or material supplied by the Client, or from any act or thing done on the Client’s instructions or with the Client’s approval.

9.3.          The Client hereby indemnifies the Creator and keeps the Creator fully indemnified against any loss or liability that the Creator incurs as a result of any breach by the Client of any provision of these Terms.

  1.         INTELLECTUAL PROPERTY (‘IP’) AND OWNERSHIP OF PROJECTS
     

10.1.          Subject to full payment by the Client of invoices, and subject to any third party terms, all ownership and IP in content of the Project and Services belongs to, will be assigned to and will vest in the Client. Any outstanding work, Projects and Services remain the property of the Creator and may not be used, altered, redistributed or published by the Client until payment in full has been made and received by the Creator.

  1.         IMAGES, GRAPHICS AND LOGOS (‘IMAGES’)
     

11.1.          Generally, any Images required for any content of the Project are to be provided by the Client unless otherwise agreed. The Client takes full responsibility for ensuring their imagery is correctly licensed to the Client and/or the Creator for the purposes of the intended use or is otherwise owned by the Client.

11.2.          If the Client is unable to prove that a valid licence exists and was purchased, the liability of any infringement will fall on the Client. Any third party claims are to be managed by the Client and the Client agrees to indemnify the Creator for any such claim.

11.3.          From time to time, the Client may request the Creator to provide Images as part of the Services or the Project. All Images, materials and work are provided without warranties of any kind, either express or implied. In the event of any such request by the Client for Images, the Client agrees to pay any additional fees for licensing or use as may be incurred and invoiced by the Creator.

11.4.          As a consequence of providing the Services and the Project, the Creator has the right and permission to use the Client’s name, logo and samples of their work for their own business promotional and advertising purposes. If the Client does not wish to have their name and logo used for such purposes, they agree to inform the Creator in writing of such refusal and the Creator agrees to remove any reference to the Client in relation to their business and Services.

  1.         INVOICES, PAYMENT AND CANCELLATION
     

12.1.          The Client agrees to pay the Fees as set out in the Proposal, and to pay all invoices by the date specified in the invoice. Full final payment is required prior to website launch or handover of final files. Any late, overdue or unpaid invoice amounts will incur penalty interest at the interest rate stated in the invoice or otherwise at the annual rate of 10% compounded daily. The Client will be responsible for any debt collection fees incurred by the Creator including but not limited to any legal fees and/or debt collection agencies that the Creator may employ to recover the invoice amounts.

12.2.          As the Creator has set aside time for completing the work, and once the Client approves the Project, all monies are non-refundable (except as otherwise provided under the ACL or other relevant laws). Any cancellation of the Services or the Project, once confirmed by the Client, will result in a forfeit of any deposit. Where there is no deposit paid in advance, the full amount of the Project, as stated in the Proposal, becomes immediately due and payable.

12.3.          In the event that the Client fails to pay any invoices in accordance with the terms of the invoice or these Terms, or does not perform their obligations under these Terms, the Creator may refuse to continue to provide the Services and may terminate the arrangement immediately without notice. The Creator may also commence proceedings to collect any outstanding debts owed.

12.4.          In the event the Client wishes to cancel or terminate the Project, they must notify the Creator in writing including any reason for cancellation.  All outstanding fees become immediately due and payable for work completed and materials, up to and including the date of any written notice by the Client to cancel.

  1.         DELAYS

13.1.          The Client acknowledges and agrees that events may occur which delay or suspend the performance of the Services for reasons outside of the Creator’s control. In the event that the Services are dependent on factors which may be outside the Creator’s control, the Creator will not be responsible for any delays as a result of such factors.

13.2.          The Creator is not responsible for any force majeure event which may delay, suspend or make the delivery of the Services or the Project commercially impracticable, inadvisable or impossible and require any termination of all or part of the Services or the Project. In particular, the Creator is not liable for any failure of or delay in the delivery of the Services and the Project where such failure or delay is due to causes beyond the Creator’s reasonable control, including but not limited to acts of God, flooding, war, strikes or labour disputes, embargoes, government orders or any other force majeure event.

13.3.          In the event that the Client delays the Services or any part thereof, additional costs may be incurred, for example where equipment, staff, travel and other resources were booked.

13.4.          There may be additional costs involved should the Client request any specific requirements or restrictions which may contribute to or cause the delay in commencement or finalisation of the Services or the Project.

  1.         FORCE MAJEURE
     

14.1   The Creator is not liable for any failure to perform due to causes beyond their reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, pandemics and other acts which may be due to unforeseen circumstances.

  1.         RELATIONSHIP
     

15.1.          The relationship under these Terms is that of principal and independent contractor. At no time is the Creator a partner, agent, employee or joint venture partner of the Client. No act or omission of either party is to bind the other party except as expressly set out in these Terms.

  1.         APPLICABLE LAW

16.1.          These Terms are governed by the laws of Queensland. Both parties agree to submit to the non-exclusive jurisdiction of the Courts of Queensland for determining any dispute concerning these Terms.