Terms and Conditions

  1. The contract between We Market You? and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
  2. Due to the intangible nature and format of “We Market You” Creation?s products and services, no refund policy is offered once work has commenced. By paying the invoice sent to you the client, (you) agree to these terms and conditions.
  3. The works to be carried out shall be as set out in ?We Market You? confirmation order email.
  4. Email will be the method of contact with regard to all communication. Although We Market You? can be contacted by telephone, we will use email as our method of communication and therefore it is the Client’s responsibility to inform us of any change in email address so we always have up to date email contact details. We Market You? cannot be held liable in any way relating to communication issues if we are not supplied a valid email address. We Market You? will acknowledge all emails within 3 working days.
  5. We Market You? will only commence work on a Project after receipt of a non refundable, 50% booking fee for the quoted Project fee from the Client. The website will be switched to Live Mode once the Clients remaining balance is paid in full.
  6. The booking fee paid to We Market You? covers the cost of design work carried out as well as any admin work and communication with “We Market You?. The booking fee is non refundable.
  7. We Market You? shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal.
  8. It is important for the Client to keep in contact with We Market You? throughout the entire Project. If a Client does not make contact for 1 week we will make up to 5 attempts to contact the client by email using the email address specified when the client went ahead. If we do not receive a response to these attempts of contact the Project may be terminated, and the booking fee will not be refunded.
  9. Where images used on the website have been purchased by We Market You? on behalf of the Client, these images are strictly for use on the website only. We Market You? are not liable for misuse of these images by the Client or any other person?s copying, altering or distributing the images to individuals or other organisations.
  10. We Market You? will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, We Market You? will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.
  11. All hosting offered by We Market You? is paid for and organised at this site http://www.gr8ozhosting.com and is based on the Starter Pack. Disk Space is limited to 250mb of website space unless otherwise stated or upgraded. If your site requires more than 250mb of space we will advise so you can upgrade hosting the site.
  12. We Market You? cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed as a result of a service offered by We Market You?.
  13. Where asked to provide search engine optimisation (SEO) for a Client, We Market You? do not guarantee any specific placement or high ranking on search engines as the search engines regularly change their algorithms and this causes movement of the front page viewings.
  14. We Market You? will provide the Client with an expected completion date for the Project (live on the internet) usually 30 days after the client supplies the booking fee and all necessary content and images for use on the site. We Market You? will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of We Market You? is purely an estimate.
  15. It is the Client?s responsibility to check with We Market You? whether Open Source Software is being used or not.
  16. The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by We Market You? or the Client.
  17. We Market You? own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. Images will have been purchased by We Market You? for the Client, unless the images have been supplied by the Client. Images purchased by We Market You? are licensed only for use on the client website and are limited to no more than 20 images dependent on the size of the project. Item 17 is subject to item 16.
  18. All images displayed on the Client’s website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or We Market You?, they will be the sole responsibility of the Client.
  19. Domain names will be registered by We Market You? and also registered to ?We Market You? current address. Although the domain names are registered to We Market You?, the Client is the legal owner of the domain after full payment has been made, and if they request to have details changed or the domain transferred elsewhere, ‘We Market You? will do this within a reasonable time frame and at same cost which it costs us. Currently $220/ domain.
  20. A domain name will be registered by ‘We Market You? on behalf of the client once we have received the 50% deposit, 25% design payment, 25% final payment and a completed creative brief, unless otherwise agreed.
  21. It is the responsibility of the Client to renew their domain names when due. If a domain name expires, We Market You? cannot be held liable for this. However, We Market You? will make reasonable effort to contact the Client regarding domain renewal.
  22. When a Client renews Hosting with We Market You?, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and We Market You? cannot be held liable for this.
  23. Renewal of Hosting is due on a monthly or yearly basis. Invoices will be issued automatically 14 days before renewal and sufficient reminders will be sent before expiry date. The date of renewal will be annually or monthly, from the date the website was ordered by the Client. The Hosting will not be renewed if We Market You? cannot contact the Client or the Client requests for We Market You? to not host this site. This will also affect the domain as per item 22.
  24. The Hosting renewal charge must be received within 10 days of the Hosting expiry date. We Market You? reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee of $200 + GST by ‘We Market You? for reactivating the website/Hosting.
  25. If the Client does not use ‘We Market You? Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
  26. ‘We Market You? will provide 1 month free hosting providing the client pays their booking fee payment within 48 hours. If the booking fee payment is not received within 48 hours then We Market You? reserve the right to charge as per item 10 above.
  27. Should a Client wish to move Hosting away from ‘We Market You? or transfer a Domain name away from We Market You?, a $200+ GST admin charge will be issued, which must be paid before the transfer takes place.
  28. ‘We Market You? has no control of, or responsibility for, the content of Clients? websites. In no way does the textual or image based Content of our Client’s web sites constitute We Market You? endorsement, or approval of the website or the material contained within the website. We Market You? has not verified any of the materials, images or information contained within our Client’s web sites and is not responsible for the content or performance of these sites or for the Client’s transactions with them. We Market You? provides links or references to our Client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
  29. We Market You? are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client’s website. The Client is solely responsible for any information or files relating to its website.
  30. If a Domain name is purchased by the Client through a company other than We Market You?, the Client has full responsibility in making sure that the domain name is renewed when due. ‘ We Market You’ will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than ?’ We Market You’ .
  31. We Market You? will take a 1.9% service charge payment on any payments received using a credit or debit card. If this is not acceptable to the client, we also accept PAYPAL, direct deposit and Cheque as an alternative payment methods.
  32. We Market You?, makes no claims that the contents of this website may be lawfully viewed or downloaded outside Australia. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the Australia, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor?s jurisdiction. The terms and conditions of this website are governed by the laws of Australia. Jurisdiction for any claims arising in respect of this website?s Content shall lie exclusively with the courts of New South Wales, Australia. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
  33. The Clients, will be able to request 3 revisions of the project at no cost then each revision will be at a hourly rate for work completed.