Kangaroo Website Design Terms and Conditions
1. Introduction
These terms and conditions outline the rules for web design and development services offered by Kangaroo Website Design to the Client. By choosing to work with Kangaroo Website Design, the Client accepts and agrees to follow these terms and conditions.
2. Services
Kangaroo Website Design will deliver web design and development services, which may include website creation, coding, ongoing maintenance, digital marketing, and search engine optimization (SEO). The exact details of the services will be specified in the project proposal or contract.
3. Project Schedule and Outputs
The schedule and deliverables for each project will be mutually agreed upon in writing prior to starting work. Kangaroo Website Design will strive to complete the project within the set timeframe, provided the Client submits all required materials and feedback promptly.
4. Communication and Contact Details
a. Submission of Contact Details: Clients must provide Kangaroo Website Design with a valid email address and other necessary contact information to facilitate smooth communication, especially for invoices and service updates.
b. Updating Details: It is the Client’s duty to inform Kangaroo Website Design of any changes to their contact information, such as email addresses, in a timely manner to avoid disruptions. Updates can be sent to [email protected].
c. Impact of Outdated Details: Kangaroo Website Design is not liable for service interruptions, missed updates, or issues caused by the Client’s failure to keep contact information current. If critical notices are missed due to incorrect details, this could lead to service suspension or termination for unpaid fees.
5. Privacy of Contact Details
Kangaroo Website Design values the security and confidentiality of Clients’ contact information. For more information on how we handle, store, and protect your personal data, please see our Privacy Policy at https://kangaroowebdesign.com.au/privacy-policy.pdf.
6. Payment Terms
Payment details, including but not limited to, deposits, schedules, and final amounts, will be detailed in the project proposal or contract. Unless otherwise stated, all invoices from Kangaroo Website Design must be paid within thirty (30) days from the invoice date.
7. Client Obligations
The Client agrees to supply Kangaroo Website Design with all essential materials, data, and access needed to carry out the project efficiently. The Client must also review and approve deliverables within the agreed timeframes.
8. Revisions and Sign-Off
Kangaroo Website Design will allow the Client to review work and request reasonable changes, with the number of included revisions noted in the project proposal or contract. Final project approval must be given in writing. Delays in providing feedback or approval may push back the project timeline.
9. Intellectual Property
Once all invoices are fully paid, ownership of the completed website design and assets will transfer to the Client, except for third-party assets or base software. Kangaroo Website Design reserves the right to showcase finished projects and designs in its portfolio and marketing materials.
10. Confidentiality
Kangaroo Website Design will keep the Client’s sensitive information confidential and will not share it unless required by law.
11. Limitation of Liability and Warranty Disclaimer
Kangaroo Website Design offers web design and development services, often using software under the General Public License (GPL) or similar open-source licenses, like WordPress. While we aim for top-quality results, the Client agrees to the following:
a. Warranty Disclaimer: The Client accepts that services and GPL-licensed products (e.g., WordPress) are used at their own risk, provided “AS IS” and “AS AVAILABLE” without any guarantees, including but not limited to, implied warranties of merchantability, fitness for a specific use, or non-infringement.
b. Hold Harmless: The Client will protect Kangaroo Website Design, its staff, agents, and partners from claims, losses, or legal costs arising from the use of our services or products, including but not limited to, issues tied to their performance or failure.
c. No Liability for Certain Damages: Kangaroo Website Design is not responsible for direct, indirect, incidental, or consequential damages, such as lost profits or data, stemming from the use or inability to use our services or products.
d. Liability Cap: To the extent allowed by law, Kangaroo Website Design’s total liability for any claims related to our services or products is limited to the amount the Client paid for the specific service or product involved in the claim.
e. GPL Acknowledgment: The Client understands that some software components fall under GPL or other open-source licenses and agrees to follow their terms.
12. Third-Party Software and Licensing
Our services may involve third-party software, plugins, or tools with their own license terms, such as proprietary WordPress plugins licensed directly to the Client.
a. License Compliance: The Client agrees to adhere to all third-party license terms for software or components provided by Kangaroo Website Design, including but not limited to, limits on use or distribution.
b. Licensing Costs: Unless otherwise specified in writing, the Client covers any fees for third-party software required for the project.
c. Third-Party Terms: The Client recognizes that some project elements are subject to third-party license conditions, and non-compliance may lead to loss of license rights or service interruptions.
d. Protection from Claims: The Client will defend and indemnify Kangaroo Website Design against claims, costs, or damages resulting from the Client’s breach of third-party license terms.
13. Termination
a. Payment on Termination: If the agreement ends, the Client must pay for all services provided up to that point, with payment due immediately upon termination.
b. Deliverables on Termination: Kangaroo Website Design will provide the Client with any completed work up to the termination date.
c. Data Retention: Billing and transaction records will be kept as required by law and for internal audits.
d. Data Removal: All backups and copies of the Client’s website data will be deleted 30 days after termination unless a different timeline is legally required or agreed upon, erasing development files, databases, and stored data securely.
e. Confidential Information: Except for retained billing data, both parties will return or destroy the other’s confidential information within 30 days of termination, unless legally obligated to keep it.
f. Data Security: Kangaroo Website Design will safeguard retained billing information per applicable data protection laws.
14. Non-Payment
a. Non-Payment Notice: If payment is overdue, Kangaroo Website Design will send a written notice, giving the Client 14 days to settle the amount and explaining the risks of non-payment.
b. Late Fees: A $5 late fee may apply if payment isn’t made after the grace period, with further fees possible for continued delays.
c. Service Suspension: Services may be paused 30 days after the first notice if payment remains outstanding, including but not limited to, disabling the Client’s website, email, and ongoing work.
d. Termination and Data Loss: If payment isn’t received within 60 days of the initial notice, services and the agreement will end. Post-termination, no backups will be kept, and all Client website data will be permanently deleted without reinstatement.
e. Debt Collection: Kangaroo Website Design may pursue debt recovery through agencies or legal action, with the Client responsible for all related costs, including but not limited to, legal fees and collection charges.
15. Severability
If any part of these terms is found to be invalid or unenforceable, it will be separated from the rest, leaving the remaining terms intact. The parties will replace the invalid part with a valid one that aligns with the original intent and purpose.
16. Amendments
Kangaroo Website Design may update these terms and conditions at any time without prior warning. Current clients will be notified via email of changes, and it’s their responsibility to review the revised terms. Using our services after updates means the Client accepts the new terms.
17. Governing Law
These terms and conditions are governed by the laws of New South Wales (NSW), Australia, and both Kangaroo Website Design and the Client agree to submit to the jurisdiction of the NSW courts.