TERMS OF SERVICE
The following terms of service apply to all website development services provided by MikkiWeb to the Client.
It is not necessary for any Client to have signed an acceptance of these terms of service for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms of service in full.
Charges for services to be provided by MikkiWeb are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. MikkiWeb reserves the right to alter or decline to provide a quotation after expiry of the 30 days.Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty (30) percent of the project quotation total before the work is supplied to the Client for review. A second charge of thirty (30) percent is required after the development stage, with the remaining forty (40) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
- Payment method
Payment for services is due by cheque or bank transfer. Cheques should be made payable to MikkiWeb and sent to MikkiWeb address of service as provided by them
- Client Review
MikkiWeb will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifiesMikkiWeb otherwise within ten (10) days of the date the materials are made available to the Client.
- Failure to provide required website content:
MikkiWeb must be provided all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
Invoices will be provided by MikkiWeb upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed.
- Additional Expenses
Client agrees to reimburse MikkiWeb for any additional expenses necessary for the completion of the work. Examples would be a purchase of special fonts, stock photography etc.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Wombat Creative Limited’s Web space, MikkiWeb will, at its discretion, remove all such material from its web space.insufficient funds are not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of $45 and the Client’s account will immediately be in default until full payment is received. Clients with accounts in default agree to pay Mikkiwebreasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Mikkiwebin enforcing these Terms of service.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All MikkiWeb services may be used for lawful purposes only. You agree to indemnify and hold MikkiWeb harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants MikkiWeb the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting MikkiWeb permission and rights for use of the same and agrees to indemnify and hold harmless MikkiWeb from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to MikkiWeb that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
- Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided physically in high-quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by MikkiWeb to return to the Client any images or printed material provided for use in the creation of the Client’s website, such return cannot be guaranteed.
- Access Requirements
If the Client’s website is to be installed on a third-party server, MikkiWeb must be granted temporary read/write access to the Client’s storage directories which must be accessible. Depending on the specific nature of the project, other resources might also need to be configured on the server.
- Post-Placement Alterations
MikkiWeb cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
- Domain Names
MikkiWeb may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non-or late payment is not the responsibility of MikkiWeb. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms of Service supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes the agreement to and acceptance of these Terms of service. Payment online is an acceptance of our terms of service.
MikkiWeb hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of MikkiWeb to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,
- Changes to the terms of service
MikkiWeb can alter and change its terms of service at any time when it feels it’s necessary to do so without any notice to the subscribers
- Disclosure of Law enforcement
MikkiWeb can disclose all the information without the subscribers’ consent when required by any such agencies.