– Updated July, 2019.
This website is operated by Kracked Kreative® | ABN 39 214 028 799
These are the standard terms and conditions for Website Services and apply to all contracts and all work undertaken by Kracked Kreative® for its clients.
For the purpose of this agreement, the following definitions on this page, “you/your” refers to you, the person accepting these Terms & Conditions. “we/our/us”, refers to Kracked Kreative®, employees and sub-contractors.
These Terms & Conditions are subject to change, and your continued use of our services following any changes will constitute your acceptance of those changes.
Payments & Billing
All prices advertised on this site are in Australian Dollars (AUD).
All services carried out by us will be billed at the current hourly rate. Current rates are on our website.
You will be billed for time spent on any billable tasks, except for the Free Consultation we provide for new project websites and our set price Web Services / Website Packages.
We accept payment by direct deposit (via bank account).
Free Consultation
In order to gain an insight into your business goals and website requirements, we provide a free 30 minute consultation. This is a great opportunity to ascertain your website requirements and determine if we are a good fit to work together.
Website Quotation
After discussing your requirements I will provide you with a priced quotation. This is a fixed price. You never pay more than the project price quotation, unless we both agree to expand the website beyond the scope of the original quotation, and to any additional development costs.
- Please Note: Once you accept this Quotation an Invoice for the deposit will be automatically generated. Payment of this invoice engages the services of Kracked Kreative® and creates a legally binding contract.
Invoices
A 50% Deposit Invoice is generated immediately upon acceptance of the quotation, and is due immediately. We reserve the right to not commence any work until the Deposit Invoice has been paid in full.
Once development work has commenced, this deposit is not refundable should you terminate the contract through no fault of ours.
Once the work is completed, a Balance Invoice for the remaining 50% will be issued. The site will be transferred to the clients hosting account and go live following payment of the Balance Invoice.
The completed website, graphics and programming code remain the property of Kracked Kreative® until all outstanding accounts are paid in full.
Genesis Framework & Premium Themes
Kracked Kreative® uses the Genesis Framework and StudioPress Premium Themes exclusively in our new site builds and site redesigns.
Each child theme will be customised according to client requirements in achieving the desired design criteria.
Kracked Kreative® will provide support for the Genesis Framework and the customised child theme for the duration of the website warranty period, see below.
Support for the Genesis Framework and the customised child theme outside of the website warranty period will continue to be provided but will be chargeable at the current hourly rate. Current rates are on our website.
Supply Of Materials
You agree to provide us with all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, images, written copy, logos and other printed material, social media links and login details for server access.
- Where there is any delay in supplying these resources, which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
- Where you fail to supply materials, and that prevents the progress of the work, we reserve the right to invoice you for any part or parts of the work already completed.
- In the event that materials requested are not supplied within 14 days of the request; Kracked Kreative® reserves the right to terminate the contract by giving 7 days notice of Breach of Contract in writing.
- Failure to rectify the breach within 7 days will result in contract termination and all monies paid by you will be forfeited.
You agree to obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.
We will not be held liable for any claims or legal actions related to the content of your website.
Additional Expenses
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
Search Engine Rankings
A specific position in search engine results will not be guaranteed.
Website Variations
Our website development phase is flexible and allows certain variations once work has commenced. I will provide three opportunities for your review and feedback as I work to make your vision a reality.
You agree to appoint a single point of contact, available during business hours, to expedite the feedback process.
Any major deviation from the original specification will be charged at the current hourly rate. Current rates are on our website.
Delivery Dates
To give your project the attention it needs, we will work with you to determine a Start and End date for your project.
Time frames for website completion typically range from a few weeks to a few months, depending both on the size and complexity of the site.
We will always:
- Provide a project Time Estimate based on your initial brief – this will include all design and development work, pages and inclusions as discussed during the brief.
- Advise you if we expect to exceed the estimated time.
Date of Deployment
Date of Deployment refers to the date the Balance Invoice is paid in full and the website is transferred to the clients hosting account.
- In the event that the Balance Invoice is not paid within 7 days; Kracked Kreative® reserves the right to terminate the contract by giving 7 days notice of Breach of Contract in writing.
- Failure to rectify the breach within 7 days will result in contract termination and all monies paid by you will be forfeited.
- In the event that hosting account details are not supplied within 14 days of the request; Kracked Kreative® reserves the right to terminate the contract by giving 7 days notice of Breach of Contract in writing.
- Failure to rectify the breach within 7 days will result in contract termination and all monies paid by you will be forfeited.
Credit for Work
You hereby grant to us the right and license to refer to your business name/logo and use screenshots of your website solely for the purpose of promoting Kracked Kreative®.
Website Warranty Period
The completed website is covered by a limited 90 day warranty period from Date of Deployment.
During this period Kracked Kreative® will provide support for the customised child theme, including conflicts caused by routine theme / plugin updates, as installed on the Date of Deployment.
Kracked Kreative® is not liable to provide support for additional plugins or theme customisations added by the client or third parties authorised to do so on behalf of the client.
Where client error has caused damage to the website, Kracked Kreative® will attempt to rectify said damage, but work provided will be chargeable at the current hourly rate. Current rates are on our website.
Limitation of Liability
We will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. We will not be liable or become involved in any disputes between the site owner and their clients. We will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents. We will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
You acknowledge that this limitation of liability is an essential element of this agreement, and in the absence of such a limitation, we would not enter into this agreement.
Governing Law
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Victoria.
E-Commerce
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Kracked Kreative® from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
These additional Terms of Service only apply to clients on a Kracked Kreative® WordPress Site Care Plan.
WordPress Site Care Plan
Overview
Each Site Care Plan supports one website and domain. We will require a level of personal information so that we may perform our core functions as a service to you. This is not a long-term contract (refer to “Termination & Ownership Transfer” below)
Service Description and Authorisation
The Kracked Kreative® Site Care Plan is designed exclusively for WordPress websites. The inclusions for the plan can be viewed on our website, and are only available for the website nominated during the account creation. By choosing and creating a Site Care Plan account, you are engaging us as an independent contractor to perform tasks and other support services. In order to fulfil these tasks, we will require authorisation and access to your WordPress database, files and hosting account.
Content Edits & Updates
1 Hour of minor content edits/revisions and additions are included in the Standard Service. Full page rewrites/revisions, additional pages/posts etc are not included in this service and fall under our WordPress Support Services. This time does not accumulate if unused, and resets at the start of each month.
Software Compatibility Issues
In the event of a WordPress / Theme / Plugin conflict that causes the site to fail, the site will be restored using the latest backup. Contacting the developers of the Theme / Plugins causing the issues and troubleshooting the problem is not included in the Standard Service; this falls under our WordPress Support Services.
However, since we handle the updates manually, we will have a good idea which piece of software is causing the issue, so can contact the relevant developer quickly, without resorting to an expensive troubleshooting exercise. This can save a good deal in developer costs.
Fees and Charges
Annual Plans –
Annual Site Care Plans are billed annually, in advance. Current rates are on our website.
You will be notified 1 month before your annual subscription expires for renewal instructions.
Monthly Plans –
Month-to-Month Site Care Plans are billed monthly in advance. Current rates are on our website.
Your Site Care Plan will be invoiced within the first business day of each month. You agree that payment will be made within seven (7) days of invoice date.
Cancellation Policy
You may terminate this Agreement by the providing Kracked Kreative® with 30 days’ written notice.
NOTE: Annual fees are non-refundable.
These additional Terms of Service only apply to clients using Kracked Kreative® WordPress Support Services.
WordPress Support Services
Service Description and Authorisation
This payment entitles you to up to one hour of technical support for the request you are submitting. Payment is required before work commences. If this work takes longer than one hour you will be billed for the remainder of this work upon completion. We will always advise you in advance if your job is expected to take more than one hour.
By choosing our Support Services you are engaging us as an independent contractor. In order to fulfill some of these tasks, we may require authorisation and access to your WordPress database, files and hosting account.
Fees and Charges
Support is offered at an hourly rate with a minimum payment of one hour. Current rates are on our website.
Privacy Policy
Click on the link to view our Privacy Policy.
General Terms of Use of this Website
The use of this website is subject to the following terms of use:
- The content of this website is for your general information and use only. It is subject to change without notice.
- We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. 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.
- Your use of 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 requirements.
- 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 and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- This website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.