Although the language here is simple, the intentions are serious and these terms and conditions are a legal document under exclusive jurisdiction of the laws of the State of Victoria.
We will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
You are engaging Loud Mountain (herein after called ‘LM’) located at 200 Franklin River Rd, Toora, Vic 3962 Australia, to perform Support duties as per your chosen Support agreement.
The minimum term for each Support Plan is 12 months on a yearly ongoing cycle even if a part payment schedule is agreed upon. We need to be contacted by you one month before the end of your Support Plan yearly term if you wish to cancel your Support Plan subscription.
Unused portions of any included support work hours do not carry over to the next subscription period.
What do both parties agree to do?
You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback in a timely manner. Deadlines work two ways and you will also be bound by any dates that we agree to and set together.
LM has the experience and ability to perform the services you need from us and will carry them out in a professional and timely manner. Along the way LM will endeavour to meet all the deadlines set but will not be responsible for a missed deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. LM will also maintain the confidentiality of any information that you give us.
Getting down to the nitty gritty
(X)HTML/CSS layout templates
If the project includes HTML markup and CSS templates, LM will develop these using HTML and CSS for styling. The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our markup and CSS in current versions of all major desktop browsers to ensure that we make the most from them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software. For people using Microsoft Internet Explorer 9, this means a universal, typographically focussed design but no layout. LM will also test that these templates perform well on mobile devices.
LM is not responsible for writing or inputting any text copy unless specified in the original estimate or as varied by written agreement. LM will help though, and in addition to the estimate we will charge you at our hourly rate for copy writing or content input.
You will supply us photographs either in digital or printed format. If you choose to buy stock photographs LM can suggest vendors of stock photography. Any time LM spend searching for appropriate photographs will be charged at at our standard hourly rate.
Changes and revisions
If you do want to change your mind, add extra pages or templates or even add new functionality outside the initial agreement or estimate, that won’t be a problem. However, you will be charged at our standard hourly rate. Along the way LM might ask you to put requests in writing to keep track of changes.
Maintenance in addition to the Support Service tasks
LM agrees to remain reasonably available for web site maintenance and additional support at a fee (valid until 1/2018) of $95.00 (plus GST) per hour or $120 (plus GST) for graphic design and advanced programming unless otherwise arranged.
If you don’t manage your own website hosting, LM will provide website hosting for you at our third-party professional hosting provider.
LM is not a website hosting company and do not offer or include technical support for website hosting or other services relating to website hosting. If you do require help with anything beyond the design and development of your website and tasks such as email account setups, LM will help and charge you at our standard hourly rate.
Legal stuff (disclaimer)
LM will not guarantee that the functions contained in any web page templates or in a completed website will always be error-free and so will not be liable to you or any third party for damages, including lost profits, expenses, costs, lost savings or other incidental, consequential or special damages arising out of the operation of, or your inability to operate this website and any other webpages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You shall assume responsibility for all costs, expenses, legal fees and costs, and interest incurred by LM arising out of any default in payment or violation of the terms of this contract.
If one of us wants to stop (termination)
Either of us may terminate this contract by giving 30 days written notice to the other. If work on the project is postponed or stopped at your request, LM shall have the right to bill pro rata for work completed thus far. This shall be payable within thirty days of your written notification to stop work. You shall also pay interest and any expenses incurred by us.
Copyrights and ownership
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by you, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You shall own the graphics and other visual elements that LM creates for you for this project. LM will give you a copy of all files and you should store them really safely as LM is not required to keep them or provide any native source files that we used in making them.
You shall also own text content, photographs and other data you provided, unless someone else owns them. We shall own the (X)HTML markup, CSS and other code and we license it to you for use on only while you have an active Support subscription with us. Third party software or code is licensed to us for use on your online services while you have an active Support subscription with us.
We may disclose confidential information to one another as a part of the project development. Such information shall be so identified in writing at the time of its transmittal, and shall be safeguarded and not disclosed to third parties by the receiving party.
Payments for the Support Service are made by a PayPal or Stripe subscription, manually by credit card each month, EFT or cheque. Billing cycle is monthly (or yearly for Support Plans) and ongoing until you give us notice in writing to stop. For agreed maintenance work outside the Support Plan maximum allotted time, you will receive an invoice. All invoices are due within 14 days of email notification that they have been sent. You agree and shall assume responsibility for any costs associated with defaulting in payment. Interest on invoices unpaid beyond the period of 30 days and compounding after every 30 days, shall be charged and is payable in accordance with the Penalty Interest Rate Act (1983).
You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for services provided by LM and your intention to be bound by electronic submissions applies to all records relating to this Contract that you enter into on LM’s internet site including notices of cancellation, policies, contracts and applications. In order to access and retain your electronic records you may be required to have certain hardware and software which will be your sole responsibility.
But where is all the horrible small print?
You cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
The types of personal information we may collect about you include:
- your name;
- your contact details, including email address, mailing address, street address and/or telephone number;
- your demographic information, such as postcode;
- details of products and services we have provided to you and/or that you have enquired about, and our response to you;
- your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
- information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
- additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
- any other personal information requested by us and/or provided by you or a third party.
We may collect these types of personal information directly from you or from third parties.
Collection and use of personal information
We may collect, hold, use and disclose personal information for the following purposes:
- to enable you to access and use our Site, associated applications and associated social media platforms;
- to contact and communicate with you;
- for internal record keeping and administrative purposes;
- for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms;
- to run competitions and/or offer additional benefits to you;
- for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;
- to comply with our legal obligations and resolve any disputes that we may have; and
- to consider your employment application.
Disclosure of personal information to third parties
We may disclose personal information to:
- third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
- our employees, contractors and/or related entities;
- our existing or potential agents or business partners;
- sponsors or promoters of any competition we run;
- anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
- credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
- courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; [and]
- third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia [including in [insert if known]][;and
- third parties to collect and process data, such as Google Analytics. This may include parties that store data outside of Australia.
By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside Australia and acknowledge that we are not required to ensure that those third parties comply with Australian privacy laws.
Your rights and controlling your personal information
Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.
Access: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information. In certain circumstances, as set out in the Privacy Act 1988 (Cth), we may refuse to provide you with personal information that we hold about you.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.
Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
Cookies and web beacons
We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
Links to other websites
Last updated 13 October 2020