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Terms & Conditions

Terms & Conditions

  1. Agreement
    • These General Terms & Conditions apply to the provision of services by Net Ninjas Pty Ltd (ACN 613 172 884) (Net Ninjas, we, us, our) to you as a user and customer of our services (you, your, the Client, the customer).
    • Your Contract with us for each Service is made up of:
      1. These General Terms & Conditions;
      2. Any relevant Service Level Agreements;
      3. Our Acceptable Use Policy; and
      4. Our Privacy Policy.
    • The documents listed above supersede all prior arrangements (whether written or oral) in relation to their subject matter.
    • We may change the terms and conditions of your Service by giving you notice of the change. If you continue to use the Service after that notice period, you will be taken to have agreed to the change. The period of notice depends on the nature of the change. If:
      1. the change will benefit you or have a neutral impact on you, we may make the change effective immediately and without advance notice;
      2. the change is required to comply with any law or requirement of any regulatory body (including ICANN, auDA or any other domain name regulatory body), we will provide a reasonable period of notice not exceeding 3 days;
      3. for all other changes, we will give you at least 30 days’ notice.
  2. Supply of Services
    • We shall use reasonable endeavours to supply the Services in accordance with your Contract until the Service is terminated in accordance with the Contract. We shall not be liable for any delay or failure to perform our obligations under this Contract if such delay or failure is due to termination of access to a Service by the end supplier of the Service or as a result of a change to the conditions of supply by that supplier.
    • Monthly contracts will roll on a monthly basis without notice to you. Fixed contract period Services (other than a month-to-month contract) will automatically roll over for a further fixed contract period on the date notified to you by our reminder notice.
    • If your fixed contract period Service is to be auto-renewed, we will notify you of, and provide you the ability to cancel the impending auto-renewal. You must advise us prior to the auto-renewal date if you wish to cancel the Service. If we do not receive your cancellation or “do not renew” advice in time, we will auto-renew the Service to ensure it continues uninterrupted. Your Service will be renewed for the same duration at the then current applicable charges published on our website.
  3. Provision of Secure Access to Net Ninjas Systems
    • You must keep all login details secure and confidential at all times and must not disclose them to anyone else (except those of your employees who need to know them for the purposes of their employment).
    • You agree that you are totally responsible for all actions of the people (if any) to whom you provide your login details (whether knowingly or not, and whether directly or indirectly) while they obtain access to our systems using those login details, and that we are entitled to treat instructions provided by those people through such access as instructions originating from you.
    • You must notify us immediately of any breach of security or unauthorised use of your login details to access our systems. We will not be liable for any loss you incur due to any unauthorised use of your login details.
  4. Your Obligations
    • You must provide us with such co-operation and support as we may reasonably request to perform the Services, including by:
      1. Responding promptly to our communications in relation to the Services; and
      2. Providing accurate and prompt responses to our requests for any information or documentation reasonably required by us to perform the Services.
    • You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name, any materials given by you to us, any content that you upload to your Service, and merchant services agreements between you and the relevant financial institutions.
    • You indemnify us from and against any and all liabilities incurred by us in connection with our:
      1. Use or reliance upon any images or trading names, or any data, information, specifications, documentation, computer software or other materials provided by you; or
      2. Compliance with any directions or instructions by you in relation to the provision of the Services.
    • Except to the extent that we expressly agree to do so as part of a Service, you must conduct backups of any of your data (whether hosted on our computer systems or provided to us in connection with the performance of the Services) at such intervals as are reasonable having regard to the nature of the data.
  5. Fees and Payment
    • You must pay us the Services fees as described and by the due date specified in any invoice sent to you or as required at the time of purchase. Yearly subscriptions are payable within 30 days of invoice issue, monthly subscriptions are payable within 7 days of invoice issue, all development work is due upon receipt of the invoice.
    • Upon provision of a credit card account, you authorise us to automatically debit your nominated credit card for all charges on issuance of a valid invoice. To minimise service disruption due to credit card expirations, our billing systems will automatically attempt to update the expiry date of your credit card when necessary to process payments, however we do not guarantee this will be successful. We remind you that it is your responsibility to ensure your credit card details are kept up to date at all times.
    • Annual, Monthly, quarterly or bi-annual fees are not refundable if your Service is terminated part way through a payment period. Refunds are not available for domain names or SSL Certificates.
    • Without prejudice to our other rights and remedies under this agreement, if any Development or Services fees are not paid on or before their due date, we reserve the right, immediately and at our sole discretion, to suspend the provision of Services to you until such payment is made (including any interest charged on overdue amounts, calculated at the rate of 10% per annum).
    • If we have taken action to recover overdue amounts from you, any reasonable costs incurred by us in recovering the debt, including but not limited to any legal expenses and collection agency charges, will be recoverable from you. Once we have initiated recover actions and engaged Debt Recoveries Australia, a fee of 20% of the overdue amount will be applied immediately and form part of the total owed.
    • Some customers nominate to transact with us by depositing funds into a prepaid credit account, which can then be used to pay for transactions within their account. In the event that there is an unused prepaid balance, the funds cannot be held indefinitely. Prepaid credit deposits will be forfeited if there is no activity on the account for a continuous 12-month period.
    • Payments are to be made to Net Ninjas without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
    • A deposit of 50% of the invoice price must be paid when accepting a quotation for development work.
    • Web development Service fees are due and payable on the following schedule:
      1. 50% due upon agreement to the contract
      2. 25% due upon the beginning of client review
      3. 25% due before going live
      4. All payments will be made in AUD.
  6. Termination
    • Either party may terminate this Contract immediately by notice in writing to the other party if:
      1. the other party commits a material breach which cannot be remedied, of its obligations under the Contract;
      2. the other party commits a remediable material breach of its obligations under the Contract but fails to remedy that breach within 14 days of being required to do so in writing by the first party; or
      3. an insolvency event occurs with respect to the other party.
    • If we terminate a Service for a reason set out in 6.1, we shall also be entitled to immediately cease any of our other Services to you.
    • If you wish to terminate your account, you must do so by completing the online cancellation form, otherwise your account will be automatically renewed for the same subscription period and you will be liable for, and immediately invoiced upon the commencement of, such additional subscription period. We will not accept verbal instructions to terminate an account. To submit the cancellation form, login to The Client Area, select the service you wish to cancel’ then click on ‘Request Cancellation’. Submission of this online form will generate an automated email to the email address specified in the form, and within this email will be a unique tracking number that is the only proof of cancellation that will be accepted by us. We will complete the cancellation request to your service at the first available opportunity, however we acknowledge the date of lodgement of the cancellation request (where we have provided a receipt ID) as the date of cancellation.
    • Where the Contract does not state expressly that the Services are to be provided for a minimum fixed period or, following the expiry of such a period if specified and where renewal of a further fixed period has not occurred, either party may terminate the Contract on 30 days’ written notice to the other.
    • Cancellation of Projects
      You have the right to modify, reject, cancel or stop any and all plans or work in process. However, you will be required to make payment for the 50% non-refundable deposit (if not already paid) and you agree to reimburse us for all costs and expenses we incurred prior to your change in instructions, and which relate to non-cancelable commitments, and to defend, indemnify and hold us harmless for any liability relating to such action. We agree to use our best efforts to minimise such costs and expenses.
  7. 30 Day Money Back Guarantee
    • Only new purchases (excluding renewals) of the products listed below are eligible to participate in the 30 Day Money back Guarantee program. Products and Services covered by the Guarantee, are:
      1. Web Hosting
      2. VPS
    • In order to claim a refund:
      1. You must send an email to [email protected] within 30 days from the date that the service was provisioned as defined by the invoice creation date. You will then be provided with an acknowledgment email. If you do not receive the acknowledgement email, your email has not reached our system and you should either resend your email or call us immediately.
      2. Upon receipt, the request will be vetted for eligibility. If the request is determined to be ineligible, the request will be treated as a standard cancellation.
      3. If the request is deemed eligible, you agree to provide us 10 working days to resolve any issue you may have with the Service. If you remain dissatisfied with the outcome at the end of the consultation process, we will provide a full refund of the Services fees.
      4. Refunds will be made to either the credit card used in the original transaction or by way of direct deposit to a nominated bank account. Under no circumstances will cheques be issued.
    • The 30 Day Money Back Guarantee does not apply if the Service has been:
      1. discounted by greater than 20% from the normal published web prices; or
      2. upgraded within the past 3 months, irrespective of whether a pro-rata credit was applied or not.
    • Should the Service purchased be part of a product and/or service bundle that includes components that are ineligible for the Guarantee, only the eligible components in the bundle will be considered for refund as part of the Guarantee.
  8. Backups
    • Net Ninjas provide nightly backups of web hosting files only, stored for 30 days, limited to
      • Files within public_html directory
      • MySQL databases
      • Account data
    • Net Ninjas do not backup Emails, nor do we accept any responsibility for lost or deleted mail.
  9. Backup Restorations
    • Backups can be restored from your hosting control panel, cPanel.
    • Restorations can be performed by Net Ninjas on your behalf, should you request via writing, and is charged at $120 per hour ex GST.
  10. Warranties
    • If you are not the customer, you warrant that you have the power and authority to enter into this Contract on behalf of the customer and will indemnify us for any breach of the Contract by the customer.
    • We do not warrant that the Services will be uninterrupted, timely, secure or error free, or that they will be free from hackers, virus, denial of service attack or other persons having unauthorised access to our services or those of our suppliers.
    • You agree that we may be required to perform maintenance in respect of our systems to ensure their satisfactory operation which may affect the availability or functioning of the Services. We will use reasonable endeavours to provide you with advance notice of any maintenance downtime, except when circumstances beyond our reasonable control prevent us from doing so.
    • All terms and warranties which might otherwise be implied by any legislation, the common law, equity, trade, custom or usage or otherwise in to the Contract, are expressly excluded to the maximum extent permitted by law.
    • If any goods or services supplied pursuant to this agreement are supplied to you as a ‘consumer’ of goods or services within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation (“the Acts”), you will have the benefit of certain non-excludable rights and remedies in respect of the products or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which is so conferred by the Acts. However, if the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, we limit our liability to:
      1. in relation to goods – the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or, the repair of the goods or payment of the cost of having the goods repaired;
      2. in relation to services – the supplying of the services again; or the payment of the cost of having the services supplied again as in each case we may elect.
  11. Liability
    • Nothing in the Contract excludes or limits either party’s liability under or in respect of:
      1. Any indemnity;
      2. Any fraud or other criminal act;
      3. Personal injury or death caused by the negligence, breach of contract or other wrongful act or omission of that party; or
      4. Any other liability that cannot be excluded by law.
    • To the maximum extent permitted by applicable law, neither party is liable for:
      1. any indirect, special or consequential loss or damage, any loss of profit, revenue or business opportunities, loss of or damage to data or loss of goodwill arising out of or in connection with the Contract (whether or not the loss or damage may reasonably be supposed to have been in the contemplation of the parties as at the date the Contract was formed as a probable result of any act or omission);
      2. any loss or damage to the extent such loss or damage is caused or contributed to by the other party’s negligence, breach of contract or other wrongful acts or omissions; or
      3. any claim made 6 months or more after the circumstances giving rise to the claim first became known by the claimant or could, with reasonable diligence, have become known by the claimant.
    • Each party’s aggregate liability for any loss or damage in connection with the provision of the Service, which is not excluded or limited under this clause 6 is limited to the charges paid by you in respect of the Services for the preceding 12 months to any such claim.
  12. SEO Services
    • The Net Ninjas SEO Package includes a Website Audit Report, Keyword Research Report, Initial Ranking Report and Ongoing SEO Analysis.
    • The following additional SEO services may be purchased separately by Clients:
      1. Competitive Analysis Report.
      2. Viral Content Development.
    • Net Ninjas may undertake to not provide SEO work for a Competitor for a period, if the Client pays an appropriate fee for this restraint.
    • Additional SEO fees may become payable when:
      1. A Client requires additional work or services not agreed upon;
      2. work needs to be done which was not anticipated; or
      3. there are multiple drafts or repeated changes, which significantly increase the work.
    • Net Ninjas will consult a Client before charging additional fees.
    • Expenses such as long-distance telephone calls, shipping, postage, courier and travel are additional to the agreed fee and the Client will reimburse Net Ninjas for such expenses.
    • Net Ninjas will account to Clients for additional fees, or expenses to be reimbursed.
    • Paid links from third parties are additional to Net Ninjas’ fees.
    • The Net Ninjas Premium Package fees are payable Monthly, in advance, with the first payment due within 3 days of acceptance.
    • All other SEO fees are payable in the month incurred, on the issue of an invoice.
    • Clients agree to pay the SEO fees set out in the online acceptance form
  13. SEO Period
    • This agreement commences from the date of acceptance, for 180 consecutive days.
    • After the minimum term of 180 Days, Clients must provide Net Ninjas with 45 days written notice prior to cancelling any service.
    • Where a Client terminates a contract before the minimum term, the Client agrees to compensate or reimburse Net Ninjas for:
    • work done by Net Ninjas; and
    • profit Net Ninjas would have made had the contract not been terminated.
  14. Access and Security
    • The Client agrees to provide the following to Net Ninjas:
    • FTP and other back-end access to the Client website, including full access to the metadata for the website.
    • Permission to communicate directly with third parties, if necessary.
    • Full access to existing website traffic statistics for analysis and tracking purposes.
    • Full access to all usernames, passwords, login details and codes, as required.
    • Permission to use the Client’s official email address for the purpose of requesting links, along with any necessary passwords.
    • Authorisation for Net Ninjas to generate content on other websites.
    • Updated usernames, passwords, login details and other codes if changes are made.
    • Net Ninjas uses the secure automated portal, Stripe, to collect monthly instalments via credit card.
  15. Intellectual Property
    • Clients will retain intellectual property held prior to entering into this agreement.
    • Clients agree to indemnify Net Ninjas for any breach of intellectual property.
    • Net Ninjas will retain intellectual property in material it designs or develops, including through contractors.
    • Clients authorise Net Ninjas to use the Client’s logos, trademarks and other intellectual property in any way deemed necessary by Net Ninjas, for the purpose of providing SEO services to the Client.
    • Net Ninjas, netninjas.com.au and other Net Ninjas graphics, logos, designs, page headers, button icons, scripts, and service names are intellectual property of Net Ninjas. Net Ninjas’ intellectual property may not be used in connection with any product or service without the prior written consent of Net Ninjas. The images and icons available in the Net Ninjas Press Kit may be used by partners and third-party sites in connection with providing appropriate links to the Net Ninjas Site.
  16. Confidentiality
    • The parties must not disclose confidential information unless permitted by law or agreed.
    • Net Ninjas may disclose confidential information for the purposes of providing services to Clients, including to other professionals or contractors.
    • Net Ninjas may use Client information for marketing purposes providing that it does not disclose a Client’s identity or trade secrets.
  17. General
    • Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either email, fax, post or courier to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by post or courier shall be deemed to be served two days following the date of posting.
    • Neither party may assign its rights or obligations under this Contract without the written consent of the other party which consent will not be unreasonably withheld; provided, however, that we may assign this Contract to a successor in connection with any merger, acquisition, or sale of all or substantially all of our business or assets to which this Contract relates.
    • We are free to sub-contract any of our obligations under the Contract, but such sub-contracting will not release us from our liabilities under the Contract.
    • A Client may accept these terms and conditions by:
    • using the services of Net Ninjas services after being provided this agreement; and
    • returning a signed copy of this agreement in electronic or hard copy form.
    • Clients are responsible for providing Net Ninjas with accurate and timely information.
    • Net Ninjas may decline to provide services.
    • Clients are responsible for supplying content unless stated in the online acceptance.
    • Net Ninjas is not responsible for delays caused by the late provision of content or images.
    • The Client acknowledges that Net Ninjas:
      1. has no control over the policies and ranking algorithms of search engines; and
      2. is not responsible for exclusion of Clients’ websites from search engines or directories;
    • The liability of Net Ninjas is excluded to the extent permitted by law.
    • To the extent that the liability of Net Ninjas cannot be excluded, its liability is limited to the cost of its services or providing those services again, to the extent permitted by law.
    • Any term that is deemed unenforceable can be severed from this agreement and the remainder of this agreement will remain valid.
    • Net Ninjas will not be liable for external factors affecting a site or its rankings, relating to the actions or inactions of Clients or third parties such as developers or Google.
    • Dates and times quoted for supply of services are approximate only.
    • Net Ninjas may engage other professionals or contractors to provide services to Clients.
    • These terms and conditions constitute the whole agreement between Clients and Net Ninjas.
    • This agreement can only be varied by a Client and Net Ninjas in writing.
    • The Contract is to be interpreted in accordance with the laws of the State of Victoria.
  18. Release and Indemnity
    • You hereby expressly and irrevocably release and forever discharge Net Ninjas, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
    • You hereby agree to indemnify and hold harmless Net Ninjas, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of
      1. a breach of these Terms,
      2. the use of the Services, by you or any person using your account or Net Ninjas Username and password, or
      3. Any violation of any rights of a third party.
  19. Limitation of Liability
    • In no event shall Net Ninjas be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.
  20. Support Requests & Monthly Support Time
    • Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please e-mail [email protected] or create a ticket at https://secure.netninjas.com.au
    • Each request not covered by a monthly maintenance and support package is subject to a one (1) hour minimum fee. The hourly fee is $99.00 per hour including GST.
    • Up to 48 hours response time on non-emergency requests. Requests are subject to approval by assigned agent or Net Ninjas management. Emergency or rush requests may be subject to a rush surcharge of $99.
    • Support hours do not rollover each month. Upon the last day of the monthly support plan, any unused hours expire.
  21. Nature of RequestsType of Requests That Are included:
    • Website Issues / Code Troubleshooting
    • Basic Code Changes (requires an hour or less to complete)
    • UI Changes & Troubleshooting (HTML, CSS, JavaScript)
    • Content Population and Image Manipulation
    • WordPress Consulting (pick our brains)
    • Plugin Audits and Installation

    If you’re unsure about the whether or not a request meets these criteria, submit it as a ticket to our support system and we will either accept the ticket or deny the ticket based on managerial approval.

    Type of Requests That Are Not Included:

    • Website Design
    • Landing Page Design
    • Complex Code Changes (requires more than an hour to complete)
    • Custom Plugin Development
    • Custom Theme Development
    • Search Marketing/SEO Services
  22. Termination & Cancellation
    • Net Ninjas may terminate or suspend any and all Services and/or your Net Ninjas account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Net Ninjas account, you must Contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
    • You can contact us through the contact page or support area to issue a termination request.
  23. Change
    • Net Ninjas reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Net Ninjas will notify you by posting an announcement on the site. What constitutes a material change will be determined at Net Ninjas’ sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
  24. Miscellaneous
    • No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Net Ninjas in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Net Ninjas shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Net Ninjas’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Net Ninjas may transfer, assign or delegate the Terms and its rights and obligations without consent. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
  25. Assignment of Project
    • Net Ninjas reserves the right to assign subcontractors to any project to insure the right fit for the job as well as on-time completion.
  26. Project QA Testing, Reviews & Changes:
    • Every project includes 2 rounds of client reviews and changes as part of the User Experience Design Phase and 2 rounds of client reviews and changes as part of the User Interface Design Phase.
    • Every project includes 2 rounds of client reviews and changes as part of the Quality Assurance (QA) testing phase.
    • Any additional changes on top of the included 2 rounds for any phase of the project will incur additional costs depending on the effort of the changes, at a rate of $165 per hour.
    • Net Ninjas does not include back-end CMS testing, client reviews or changes in any part of the QA process, unless specifically agreed on a per-project basis.
    • The Client may be charged additional fees if it changes the agreed-upon project scope and objectives after the proposal has been signed off.
    • All QA testing, reviews and changes must follow Net Ninjas QA process of collating issues, bugs and/or changes. Any variation to this process may incur additional fees.
  27. Legal & License
    • Net Ninjas warrants that the functionality contained in custom web development projects will meet the functionality as prescribed in the proposal and that the operation will be reasonably error-free. The entire risk as to the quality and performance of the project is with The Client. In no event will Net Ninjas be liable to The Client 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 the website, even if Net Ninjas has been advised of the possibility 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.
  28. Copyrights and Trademarks
    • The Client represents to Net Ninjas and unconditionally guarantees that any elements furnished to Net Ninjas for inclusion in the project are owned by The Client, or that The Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Net Ninjas and its subcontractors from any claim or suit arising from the use of such elements furnished by The Client
  29. Change Requests
    • The Client is entitled to two rounds of change requests, not including variations or changes to the scope of the project or included works, after which The Client will be charged at an hourly rate of $99 including GST per hour
  30. Web Browsers
    • Net Ninjas makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most current release version and one version below current release of the following browsers:
      1. Firefox
      2. Microsoft Edge
      3. Google Chrome
      4. Safari)
    • Client agrees that Net Ninjas cannot guarantee correct functionality with all browser software across different operating systems.
    • Net Ninjas cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Net Ninjas reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
  31. Content
    • The Client is solely responsible for creating, adding and editing all content for the site.
    • Essential content including text and specific images is to be supplied by The Client prior to commencement of development. Delays in delivery of content will extend time taken to complete the development. If additional content is supplied or major changes requested following the sign off of the mock up, additional charges will be at an hourly rate of $99 including GST per hour.
  32. Additions/Extras
    • Any additional items, pages or other features requested by The Client to be included in an already quoted or invoiced project will be assessed by Net Ninjas and quoted or billed separately.
  33. Copyright to Project
    • Any code and scripts created by Net Ninjas remain the property of Net Ninjas. Net Ninjas retains the right to display graphics and other design elements as examples of its work in its portfolio.
  34. Sole Agreement
    • The agreement contained in this Contract constitutes the sole agreement between Net Ninjas and The Client regarding this project. Any additional work not specified in this contract must be authorized by a written change order. All prices specified in this contract will be honoured for three (3) months after both parties sign this contract. Continued services after that time will require a new agreement.
  35. Initial Payment and Refund Policy
    • This agreement begins with an initial payment of 50%. If, for any reason, you choose to terminate the development process during the design phase, Net Ninjas will keep 50% of the project cost. If you decide to terminate the project after the design phase has been completed (i.e. during the production phase), you will be obliged to submit the full payment as outlined in the quote.
  36. Contact information
    • Except as explicitly noted on this site, the services available through this site are offered by Net Ninjas, located at: 245 St Kilda Road, St Kilda, Victoria 3182.
  37. Governing Law
    • The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Victoria. You and Net Ninjas submit to the non-exclusive jurisdiction of the courts in and of Victoria in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
  38. Definitions
    • “Client” means person or organisation to which Net Ninjas provides services.
    • “Competitive Analysis Report” provides information about a Client’s competitors and their SEO activities, including competitors’ search engine ranking potential.
    • “Competitor” means person or organisation which operates in the same niche as the Client, and which targets similar keywords, in a similar geographical location as the Client.
    • “Confidential information” means information stated to be confidential, or information which a reasonable person would consider confidential.
    • “Initial Ranking Report” provides an analysis of where a website ranks in relation to other websites using similar keywords.
    • “Keyword” is a search term used to retrieve information through search engines.
    • “Keyword Research Report” provides a list of keywords that may optimise traffic to a Client’s website and suggestions on how best to use keywords.
    • “Link Building” means obtaining inbound links from non-Client websites and is an SEO technique aimed at improving the ranking potential of a Client’s website.
    • “Parties” means Client and Net Ninjas.
    • “Search Engines” are computer programs used to retrieve information from computer networks such as Google, Yahoo and Bing.
    • “SEO Analysis” is continuous monitoring of the effectiveness of an SEO campaign and includes regular reports of the Client’s website traffic and rankings.
    • “SEO Services” means work done improving volume or quality of traffic to a website from search engines through unpaid or organic search results.
    • “Viral Content Development” is the creation of content aimed at improving traffic and links to a website.
    • “Website Audit Report” means a document that provides a review of factors affecting the usability, credibility, accessibility, current search engine ranking potential and comparative performance of a Client’s website; and includes recommendations for improving search engine rankings.

Congratulations and good luck on launching your website!

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