Terms of Service.
Last updated: October 23, 2024
Please read these Terms of Use (“Terms”) carefully before using the https://masterymedia.com.au website (the “Service”) operated by Mastery Media (“us,” “we,” or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must refrain from accessing the Service.
These Terms serve as the standard terms and conditions for Website Design and Development, as well as all other services and products provided by Mastery Media. They apply to all contracts and work undertaken by Mastery Media for its clients.
Project payment structure.
Upon accepting our proposal, a 50% deposit of the total project fee is required before we initiate the website design and development process. The remaining 50% is due upon project completion, contingent upon your reasonable satisfaction and in accordance with the terms outlined in the “Approval of Work” and “Rejected Work” clauses.
Please be advised that work will not commence until the deposit is received in full.
Fees for online payments.
Debit/Credit Card (via the payment gateway provided on masterymedia.com.au or over the phone) – Note that this method incurs an additional 2.2% transaction fee.
- Direct Bank Deposit
- Pay ID (details will be provided on the project invoice)
- Stripe
- PayPal
- Mastercard
- Visa
Please note that American Express is not accepted.
To avoid the additional transaction fee, we recommend using either a direct bank deposit or Pay ID.
Client Responsibilities.
You are required to supply all materials and information necessary for us to complete the work in accordance with the agreed specifications. Such materials may include, but are not limited to:
- Photographs
- Written content
- Logos
- Other printed materials
To ensure the successful completion of the project, the client agrees to fulfill the following responsibilities:
- Provide timely feedback and approvals to keep the project on schedule.
- Ensure that all necessary resources, including content, images, and access to required platforms, are provided to (business name) in a timely manner.
- Communicate any changes in project scope or requirements as soon as they arise.
In the event of any delay in providing these materials, which subsequently leads to a delay in the completion of the work, we reserve the right to extend any previously agreed deadlines by a reasonable amount.
Client Feedback and Review Process.
The client is entitled to provide feedback on the work completed within the initial 7 business days after delivery. During this period, the client may request unlimited revisions to the work. All feedback must be communicated clearly and consolidated into a single document or email to streamline the revision process. After this review period, any additional changes may incur extra charges as outlined in the project proposal.
Client Testimonials and Portfolio.
Upon project completion, Mastery Media reserves the right to use the completed work in its portfolio and for marketing purposes, including but not limited to, website displays and social media promotion. Mastery Media will seek the client’s consent before using any identifiable elements of the project that may be linked back to the client or the client’s brand.
Domain and Web Hosting.
Please note that domain registration and web hosting services are not included in our project packages and are available at an additional cost. With all new website builds, site hosting and domain rental will be hosted on Crazy Domains.
If you prefer to use a different service provider or are currently under contract with another provider, please inform us prior to starting your project. Clients have the option to bring their own domain and hosting services or choose to have us provide these services at an additional charge.
If you require assistance in selecting the appropriate hosting solution, we are happy to provide recommendations based on your specific needs.
Variations and revisions.
We are pleased to offer you the opportunity to make revisions to the design; however, we reserve the right to limit the number of revisions to a reasonable amount. Any requests for additional revisions that fall outside the original design specifications may incur an additional fee.
Our website development process is designed to be flexible and allows for minor adjustments to the original scope. However, significant changes or deviations from the agreed specifications will be billed at a rate of $100.00 per hour.
To ensure timely completion, we provide a grace period of 5 business days for finalizing any pending approvals. If we do not receive a response from you or a designated representative within this period, we will consider the project complete and proceed to closure. Any changes requested after this 5-day grace period will also be subject to a fee of $100 per hour.
The project will be considered finalized under the following conditions:
- No response or feedback received: If no feedback is provided within the 5 business days.
- Undefined review date: If a specific date for reviewing the project has not been set (e.g., statements like “I’ll review it next week” will not be considered valid reasons for an extension).
- Repetitive follow-ups required: If we must follow up repeatedly for feedback or revisions, the project will be deemed complete.
- Failure to provide necessary materials: If the client does not supply essential content, files, or feedback needed to complete the project within the grace period.
- Excessive or unreasonable revision requests: If revision requests exceed the agreed-upon scope or are excessive in nature without proper justification or alignment with the original design brief.
- Inactivity or unresponsiveness: If the client becomes unresponsive for an extended period during or after the grace period, the project will be finalized based on the last provided instructions.
Project delays and client liabilities.
Any timeframes or estimates we provide are contingent upon your full cooperation and the timely submission of complete and final content, including photography, for the work pages. During the development process, consistent feedback is essential to progress to subsequent phases.
To expedite the feedback process, it is required that you appoint a single point of contact from your side who will be available on a daily basis during working hours. This designated contact will facilitate communication and ensure that any queries or necessary feedback are addressed promptly, allowing us to maintain our project timeline.
Completion and Review.
Upon the completion of the work, you will receive a notification allowing you the opportunity to review the project. It is essential that you notify us in writing of any unsatisfactory aspects within 7 days of receiving this notification.
Any portions of the work that are not reported to us in writing as unsatisfactory within the 7-day review period will be considered approved. Once the work is either approved or deemed approved, it cannot be rejected thereafter. At this point, the contract will be regarded as completed, and the remaining 50% balance of the project price will become due.
Rejected Work.
If you reject any of our work within the 7-day review period or do not approve subsequent revisions made to address any points you recorded as unsatisfactory, we reserve the right to assess the reasonableness of your rejection. If we determine that your rejection is unreasonable, we may choose to consider this contract terminated. In such a case, we will take appropriate measures to recover payment for the work completed to that point.
Approval of Work.
Once the project is completed, we will notify you to review the final deliverables. This stage also serves as the revision phase, during which you can request changes to the work within the original project scope. You will have 7 business days to provide feedback, request revisions, or approve the work. If no response is provided within this period, the work will be deemed accepted. Approval indicates that you are satisfied with the outcome, and the final balance will be payable at this stage.
Payment.
Upon completion of the 7-day review period, we will issue an invoice for the 50% balance of the project fee. This balance will be due once the work has been approved or deemed approved per the terms outlined in the previous section.
Payment Plan Options.
We understand that every client has unique financial circumstances. Therefore, we may offer a payment plan at our discretion to facilitate manageable installment payments. If you are interested in exploring this option, please notify us during the initial negotiations, before we commence any work. This will help us tailor the payment structure to best suit your needs.
Payment & passwords handover.
Once the payment has been finalized, you will receive an email within 48 hours containing your site’s usernames and passwords. If the payment is processed through our online payment system, please note that this may take 3-5 business days to complete. Consequently, usernames and passwords will be provided within 48 hours after the payment is confirmed as successful.
Final Payment Terms.
Once work is completed and an invoice has been sent, you will have 2 weeks to finalize the balance of the remaining 50%.
If payment is not received within this 2-week timeframe, an overdue invoice will be issued, reflecting an additional 10% charge on the overall project cost. This adjusted invoice will need to be paid immediately.
Failure to make this payment may result in your website being deactivated, and we may escalate the matter further until payment is made.
Client Responsibilities Regarding Content.
You are responsible for obtaining all necessary permissions and authorities for the use of any copy, graphic images, registered company logos, names, trademarks, or any other material that you provide to us for inclusion in your website or web applications.
You agree to indemnify and hold us harmless from any claims, damages, or legal actions arising from the content of your website, including but not limited to issues related to copyright infringement or violations of third-party rights.
Website Abandonment and Staging Domain.
License to Use the Website.
Once you have paid us in full for our work, we grant you an exclusive, perpetual license to use the website, its related software, and all associated content. This license ensures that you have the right to operate and maintain the website as you see fit, without any further obligation to us.
Search engines.
We do not guarantee specific rankings or positions in search engine results for your website. While we implement basic search engine optimization (SEO) practices in accordance with current best practices, the ultimate performance of your website in search engine results is influenced by various factors beyond our control.
Account Creation.
As part of our services, we may create accounts on your behalf for hosting, domain registration, third-party plugins, or other platforms necessary for the operation of your website. You acknowledge and agree that:
- Ownership: All accounts created will be registered in your name or under your control, and you will retain ownership of these accounts upon payment in full for our services.
- Access: We will provide you with access credentials for any accounts we create on your behalf. It is your responsibility to keep this information secure and confidential.
- Management: While we may assist with the setup and management of these accounts during the project, you are ultimately responsible for the ongoing management, maintenance, and any ongoing payments related to your accounts after project completion.
If you prefer to set up any accounts yourself, please inform us before the commencement of the project.
Limitation of Liability.
We are not responsible for any loss or damage you may incur due to delays in the performance or completion of our contract. This includes, but is not limited to, situations such as:
- Missed Deadlines: If your project is delayed, it may affect your ability to launch your website by a specific date, which could impact marketing campaigns or business operations.
- Revenue Loss: Any delays in project completion could result in potential loss of income, especially if your website is critical for sales or service delivery.
- Reputation Damage: Delays might lead to dissatisfaction among your customers or clients, potentially harming your business reputation.
- Third-Party Dependencies: If your project relies on the timely delivery of content, materials, or services from third parties, any delays from them can also affect our ability to meet deadlines.
We cannot be held liable for any consequences arising from such delays, regardless of their cause.
Post-Handover Liability and Maintenance.
Once the project has been completed and the website has been handed over to you, (Business Name) is not liable for any loss, damage, or issues that may arise from the use of the website thereafter. This includes, but is not limited to:
- Functionality Issues: Any technical problems, bugs, or errors that occur after the handover are the responsibility of the client unless they are due to our direct actions during the development process.
- Content Management: If you choose to make changes or updates to the website content without our assistance, we cannot guarantee the functionality or performance of the site.
- Security Vulnerabilities: Any security breaches or data loss that occur after the website has been transferred to your control are not the responsibility of Mastery Media.
- Outdated Software: If the website relies on third-party plugins, themes, or software, we are not responsible for any issues arising from their updates or lack thereof after the site has been handed over.
For clients who wish to ensure ongoing maintenance and support, we offer a WebCare service. By subscribing to this service, you can receive continued upkeep, security monitoring, and updates as needed. However, without this service, the responsibility for the maintenance and integrity of the website rests solely with you.
Subcontracting Services.
We reserve the right to subcontract any services we have agreed to perform for you, as deemed necessary for the successful completion of the project. This may include, but is not limited to, design work, development tasks, or any specialized services. While we will oversee all subcontracted work to ensure quality and consistency with our standards, you acknowledge that certain tasks may be carried out by third parties.
Confidentiality Agreement.
We (including any subcontractors we engage) agree to maintain the confidentiality of your information. We will not disclose any of your confidential information to any third party at any time, except as required by law or with your prior written consent. We take all necessary precautions to protect your sensitive information and ensure it is only used for the purposes of fulfilling our contractual obligations.
Additional Expenses.
You agree to reimburse us for any expenses incurred at your request that are not included in our original proposal. This includes, but is not limited to:
- Purchase of templates
- Third-party software
- Stock photographs
- Fonts
- Domain name registration
- Web hosting
- Other comparable expenses
We will notify you of any such expenses prior to incurring them, and you will be responsible for their timely payment.
Website Maintenance and Data Responsibility.
You are responsible for maintaining your website after handover, which includes performing updates and backups. We will not be liable for restoring any client data or websites after handover, except in cases where data loss arises from a negligent act or omission on our part.
If you are enrolled in our WebCare service, we will handle updates and backups on your behalf, ensuring your website remains secure and functional.
Ownership of domain names and web hosting.
We will supply you with the account credentials for domain name registration and/or web hosting that we purchased on your behalf once you have reimbursed us for any expenses incurred in acquiring those services.
Browser Compatibility.
By utilizing current versions of well-supported content management systems such as WordPress, we strive to ensure that the websites we create are compatible with modern web browsers, including the latest versions of Firefox, Chrome, Microsoft Edge, and Brave. Please note that third-party extensions may not always offer the same level of compatibility across all browsers. Where necessary, we will make best-effort substitutions with alternative extensions or implement other solutions to address any identified incompatibilities.
Compliance with E-Commerce Laws.
You are responsible for complying with all relevant laws related to e-commerce. To the fullest extent permitted by law, you agree to hold harmless, protect, defend, and indemnify Mastery Media and its subcontractors from any claims, penalties, taxes, tariffs, losses, or damages arising from your use or your clients’ use of Internet electronic commerce.
Ownership of Custom Branding Elements.
When you engage us for custom design services, such as the creation of a logo or branding materials, upon full payment for our work, you will retain ownership of the specific custom designs, including but not limited to logos, graphics, and other branded content created for your project.
- License to Use: While you will own the final logo and branding materials, Mastery Media reserves the right to use these elements in our portfolio or for promotional purposes, unless otherwise agreed upon.
- Intellectual Property Rights: You are granted full rights to use, reproduce, and modify the custom designs as you see fit. However, you must still obtain any necessary permissions for any third-party elements that may be included in the designs.
Clarification of Ownership.
It is important to note that while you will own the custom logos and branding created for you, any underlying design methodologies, templates, or proprietary software used in the creation process remain the property of Mastery Media. This ensures that while you have ownership of your unique branding elements, the agency retains its intellectual property rights over the tools and processes used to create them.
Third-Party Links and Services.
Our Service may contain links to third-party websites or services not owned or controlled by Mastery Media.
- No Responsibility: Mastery Media does not control and is not responsible for the content, privacy policies, or practices of any third-party websites or services.
- Acknowledgment: You acknowledge and agree that Mastery Media shall not be liable for any damage or loss, directly or indirectly, caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through these third-party websites or services.
- Advice: We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.
Termination.
We can terminate or suspend your access to our Service immediately and without prior notice for any reason, including if you violate these Terms.
- Ongoing Responsibilities: Even after termination, some parts of these Terms will still apply. This includes sections about ownership, disclaimers, indemnity, and limits on liability.
Disclaimer of Warranties and Liability.
Your use of the Service is entirely at your own risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
To the fullest extent permitted by law, we exclude all terms, conditions, warranties, and representations relating to the services we provide, except for those explicitly stated in these Terms.
If any liability of (business name) cannot be excluded under applicable law, our liability will be limited, at our discretion, to either:
- Replacing, repairing, or re-supplying the services, or
- Paying for the cost of the services that we were contracted to perform.
Training and Advice.
Upon the handover of your website, we offer optional training and general website advice tailored to your specific site and its purpose. This training can include guidance on how to manage your website effectively, utilize its features, and optimize content for your audience.
Availability: This training and advice will be provided only upon request and is designed to assist you in maximizing the functionality of your website.
Nature of Advice: The advice provided will be general in nature, based on best practices and our expertise in website management and development. It will not constitute legal, financial, or business advice.
Limitation of Liability: While we strive to provide helpful and accurate guidance, you acknowledge that the implementation of any advice or recommendations is at your own risk. (Business Name) shall not be liable for any consequences resulting from the application of the advice given.
By accepting this training and advice, you agree to hold (Business Name) harmless from any claims, losses, or damages arising from your use of the information or recommendations provided.
Governing Law and Terms.
Governing Law: These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.
Enforcement: Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.
Severability: If any provision of these Terms is found to be invalid or unenforceable by a court, the remaining provisions shall continue in effect.
Entire Agreement: These Terms constitute the entire agreement between us concerning our Service and supersede any prior agreements related to the Service.
Modification of Terms.
Right to Modify: We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
Notification of Material Changes: If a revision is deemed material, we will attempt to provide at least 5 days’ notice before the new terms take effect. What constitutes a material change will be determined solely by us.
Acceptance of Revised Terms: By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree with the new terms, please discontinue your use of the Service.
Trademarks.
Trademarks and logos displayed on this website, other than those belonging to Mastery Media, are the property of their respective owners. Their inclusion does not imply any affiliation with or endorsement by Mastery Media.
Dispute Resolution.
In the event of a dispute arising out of or relating to this agreement, both parties agree to first attempt to resolve the matter through informal negotiations. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to mediation, conducted in good faith, in accordance with applicable mediation rules. Should mediation fail, either party may then pursue arbitration in accordance with the laws of Australia. The arbitration will be conducted by a single arbitrator whose decision will be final and binding on both parties.
Force Majeure.
Neither party shall be liable for any failure to perform its obligations under this agreement if such failure results from any cause beyond that party’s reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, strikes, governmental actions, natural disasters, or pandemics. In the event of such a delay, the affected party shall promptly notify the other party and the time for performance shall be extended for the duration of the delay.
Contact us.
If you have any questions or concerns regarding this Privacy Policy, please feel free to contact us.
