DirectClicks Website Terms of Agreement
In this document, ‘You’ is used to describe your business or individuals acting on your behalf.
‘DirectClicks’ and ‘we’ is used to describe the DirectClicks product as well as division of Dawson Media of the same name.
Authorisation
You are engaging DirectClicks for the specific project of developing and/or improving a Website to be installed on either your web host or our provided web host. By entering into an agreement with DirectClicks, you hereby authorise DirectClicks access to your hosting accounts, and authorise the web hosting service to provide DirectClicks with permission to any domain name or server details.
Website Process
The initial number and name of website pages will be finalized during the sale. Further phone and email consultation will allow for text images and any other copy to be sent.
A website template or an existing website reference will be supplied by you to give the website designer guidance in achieving a look and feel that fits your business.
You will be provided with two designs that will be taken from your supplied reference and customised to suit your business. After you have selected your preferred design we will build your website around that design concept, you will then be provided with a further 2 hours of final website adjustments upon delivery. Further design requirements and website changes after this period will be charged at the standard hourly rate.
DirectClicks are under no obligation to review a creative or revision brief for any purpose, including accuracy, completeness of information, quality or clarity. We may decide, at our sole discretion, to deny a creative or revision brief.
When you are provided with a revision, you are responsible for its review. If you fail to promptly advise that the revision is not reasonably responsive to the creative brief, you will be deemed to have accepted the revision.
Domain Name Registration
Domain name purchase and registration is included in the price of your website hosting package, DirectClicks will renew your website domain and hosting each year as part of our hosting package.
Domain Name Transfer
We will, if requested, transfer ownership of the domain name to you after the initial 12 month contract period.
Completion Date
DirectClicks must work together with you to complete the website in a timely manner. We agree to work expeditiously to complete the website in no later than 60 days. You are advised to send us your website content as soon as possible, along with any photos, discs, brochures, logins or advertising material useful for completing the website project. Failing to supply sufficient website content on time will see the monthly hosting fee deducted as per the agreed start date along with the possibility of the website being completed later than the initial agreed 60 day period.
Website Changes
DirectClicks can undertake website maintenance when requested. Any changes required must be emailed to us and we will provide you with a written quote outlining the changes proposed and the costs involved to carry out those changes.
All quotes are valid for 30 days from date of issue.
Once we receive your written email approval for the quote, we will complete the scope of work quoted within 28 days. Any urgent work required will be charged at a premium hourly rate.
DirectClicks will not accept any responsibility for any alterations performed either by you or a third party. Such alterations include, but are not limited to, additions, modifications and/or deletions.
If DirectClicks is required to correct any errors resulting from such alterations, you will be charged for this work at the premium hourly rate.
Pay Per Click Cancellations Policy
All accounts require a one (1) month notice in writing to cancel their pay per click account after the initial term.
Loss Of Service
We will endeavour to maintain network stability and satisfactory service levels, however;
We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory.
We may experience outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, computer hackers, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as that of a third party), failure of software, failed software or hardware upgrade or any other failure as caused by DirectClicks, our suppliers or any third party.
We may, at our discretion provide notification of outages whether planned or unplanned
You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.
Limitation Of Liability.
DirectClicks does not warrant that you will receive continual and uninterrupted services during the Term of this agreement. In no event will DirectClicks, its Directors, agents or employees be liable to you or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages , website, hosting, domain or email services, even if DirectClicks has been advised of the possibility of such damages
Copyrights And Trademarks.
You represent to DirectClicks and unconditionally guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to DirectClicks for inclusion in web pages are owned by you, or that you have permission from the rightful owner to use each of these elements.
Indemnity.
You agree to defend, indemnify and hold DirectClicks harmless from and against any and all claims, losses, liabilities and expenses (including solicitors' fees) related to or arising out of the Services provided by DirectClicks to you under this Agreement, including without limitation claims made by third parties (including your customers) related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided here under, or for any content published by you using the Services.
Copyright To Web Pages.
Copyright to the finished assembled work of web pages produced by DirectClicks is owned by the client upon final payment for the website. We retain the right to use the layout and elements of coding of our pre-designed websites without any of your content (logo, pictures, text, and links).
Website Payment
The total amount of the website development cost will be paid in full at the beginning of the website project. DirectClicks will NOT refund any web design work completed after the payment is received and contract is accepted.
Pay Per Click Security Deposit
DirectClicks requires a full security deposit paid in full before the account is set up. The security deposit will only be refundable upon cancelation after the initial contract term has expired, assuming all due invoices are up to date and have been paid in full.
Search Engine Optimisation
The use of the DirectClicks search engine optimisation service is
at your own risk. You acknowledge that DirectClicks makes no warranty that search engine optimisation will generate any increase in sales, business activity, profits or any other form of improvement for the your business or any other purpose. Whilst DirectClicks takes all care in implementing our search engine optimisation solution it is unable to guarantee improved rankings in Australia’s major search engines as it does not control the algorithms of those search engines
Email Hosting
You represent and warrant that all electronic mail sent using Email Hosting provided by DirectClicks and/or will comply with applicable rules and regulations pertaining to the sending of electronic mail.
You agree to observe the procedures that DirectClicks may from time to time prescribe and shall not use the Website in any way that harms other DirectClicks customers or members of the public generally.
In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
Any access to other networks connected to DirectClicks must comply with the rules appropriate for those other networks.
DirectClicks uses its best efforts to ensure the integrity and security of the Server, however, we do not guarantee that the Server will be free from unauthorized users or hackers or from corruption by virus and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email or damage to date or operations.
Limitations Of Service
You are restricted to the data storage, number of domain names, and bandwidth quota applicable to the web hosting package you have registered for. Additional storage and bandwidth usage will be charged at current published prices.
DirectClicks reserves the right to restrict the numbers of emails sent or recieved from your account without notice.
DirectClicks reserves the right to remove any material that we deem inappropriate from your Website without notice.
Variation Of Agreement
DirectClicks may from time to time vary the terms, charges and conditions outlined in this agreement. The version of this agreement that is published at www.directclicks.com.au should always be taken as the binding and most recent version of these terms of agreement.
Terms Of Agreement.
An agreement will continue for an initial term of 12 months unless otherwise stated. The agreement will automatically be renewed at the end of the initial term unless terminated in accordance with this Agreement.
Termination Of Agreement
Unless otherwise stated, this agreement may be terminated at any time after the initial 12 month period by giving one (1) month’s written notice. Unless otherwise stated, this agreement may be terminated by DirectClicks at anytime due to but not limited to occurrences such as non-payment of services, if you misuse the services or fail to comply with your obligations under the agreement.
DirectClicks reserves the right, at its sole discretion, to restrict, suspend or terminate access to all or any part of the Service at any time for any reason without prior notice or liability.
Unpaid Accounts.
Accounts may be suspended if they are not paid within 14 days of due date and prior arrangements have not been made. All data contained in a suspended account will remain on the system, BUT account holders will not be able to access it and the website will display a notice stating that the account is in arrears. Accounts will be removed from the system and all associated data deleted if the account is not paid within three months of due date. Whilst accounts are in arrears, clients will not have access to data stored on DirectClicks servers. DirectClicks reserves the right to delete data on cancelled accounts.