Vibe I.T. Terms and Conditions – (V1.1 – 27th February 2018)

Understand it is NOT the responsibility of the Vibe I.T. Group to finance your bank account and be held solely responsible for the overall success of your Business.

No Doubt, based on your product purchase/s we do everything we can to ensure your website is stable, secure and getting found as per established in our monthly charged Packages.

Our Fees and Deposits

All requested orders / project or task will require a deposit as per outlined on our official quote system which is agreed to by both parties.  This fee stated is based on the summary of the work that will be completed by Vibe I.T. Should the scope of the project change after acceptance of terms and pricing, we will provide notification of additional work and associated costs towards that in an updated pricing agreement.

Outstanding balances are due as per agreed thereafter in the form of Full Payment or Monthly Installment Payments.

We reserve the right not to begin any works until the requested deposit is paid in full.

Refunds are only available if we have not fulfilled our obligations to deliver the work required under our agreement. Deposits are not refundable if the development work has been started and you terminate the contract through no fault of ours.

COMPANY reserves the right to withhold delivery and any transfer of ownership of any current work if accounts have not been cleared – Paid In Full.

Payment

Payments in Full –
Once the quoted amount has been completed in full, you then become the rightful owner of your intellectual property rights. Vibe offers Flexible Payment options to suit our clients needs and assist with their online success. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

Subscription Payments –
Billing will automatically recur until proper notification is given for either modification and/ or termination as specified by the CLIENT and following the process listed in this document.

Additional Services can be applied + Bolted to monthly statements and will be approved and agreed to before invoices will be amended.

Vibe I.T. is dedicated to serving all its valued monthly subscribers. ie Hosting, Website Maintenance, SEO and Social Media Marketing Packages.  To ensure our time, resources and investments are paid for in advanced, we have created the Vibe I.T. fare “NO PAY POLICY” so we continue to deliver the agreed monthly services.

The following fare “NO PAY POLICY” protocol is implemented when accounts have not been cleared when paying manually by the Customer is outlined below.

Overdue Invoice that haven’t been cleared 14 Days after Invoice Due Date: Your Website will be placed on Maintenance Mode, which means this will affect your Web Traffic & SEO.

Overdue Invoice that haven’t been cleared 45 Days after Invoice Due Date: Your Domain will be removed from our servers which means your Website and Emails will no longer work.

All dismissed sites are protected and stored on our private servers for 6 months before they are terminated.

Supply of Material

You must supply all materials and information requested by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material.

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications.

Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

CLIENT agrees to indemnify and hold COMPANY harmless against any and all claims, costs, and expenses associated with the usage of materials provided by COMPANY that may violate privacy or copyright claims.

Each party acknowledges that in connection with this Agreement, it may receive certain confidential or proprietary information and materials of the other party. Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Proposal except as may be required by a court or governmental authority.

Variations

We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.

Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of our TEAM HIRE SERVICE

Project Delays & Client Liability

Any time frames or estimates that we give are contingent upon your full cooperation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

Approval of Work

On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and outstanding payment is due.

Rejected Work

If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

Licensing

Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.

Search Engines

We do not guarantee any specific position in search engine results for your website. We perform advanced white hat search engine optimisation according to current best practice.

Consequential Loss

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

Disclaimer

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Vibe I.T. under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

Subcontracting

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

Non Disclosure

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

Additional Expenses

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

Backups

Dependant our current agreement – you remain responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

Ownership of Domain Names & Web Hosting

We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.

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 Brisbane. You and Vibe I.T. submit to the non-exclusive jurisdiction of the courts in and of Brisbane in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

Cross Browser Compatibility

By using current versions of well supported content management systems such as “WordPress”, we endeavour to ensure that the websites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

eCommerce

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Vibe I.T. and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

WEBSITE

All New Sites are Hosted with Vibe I.T. for the convenience of our clients unless stated otherwise. If you choose to elect your site to be hosting with another provider besides us, your website must need be migrated to its new location which only Vibe IT gains the right to do so.

Our Standard Site Migration fee of $250 + GST will apply and must be paid in advance before migration can commence.

MONTHLY SUBSCRIPTIONS

Outside the Scope of these Services:

Design/ Development: New design, development, 3rd party application research & configuration, custom programming or content creation work are outside the scope of these standard monthly services; however, with specification they are always available. 3rd Party Applications: In the event a 3rd party application (= other software) is added (beyond proper setup & configuration), its’ performance in WordPress is the responsibility of the 3rd party.

If you no longer require a particular subscription –  you can cancel anytime providing it is not within the 6mth Product Agreement – All Subscriptions begin and end of every month.

Education: We provide an extensive on board education for new site owners & their employees; we follow with a series of ongoing educational resources (newsletters, blog- driven email, direct email support and educational videos). We encourage clients to absorb as much as possible about fast changing digital world.

SEO TERMS

Engaging Vibe I.T. SEO Services requires your website to be tested and checked to ensure we have the capabilities to grant you the results you expect.

In most cases it we will rebuild your site from the ground up. This eliminates any potential problems that will affect our optimatinal SEO outcome that you deserve for your monthly investments. If your website is poorly built – SEO doesn’t work.

This Disclaimer alone will save you a lot of time and money if respected correctly. Please read carefully and understand:

If for any reasons you wish to make – seek changes on your website we advise you personally consult with a Vibe I.T. Internet expert before jumping in and changing things up.

Achieving ultimate website performance comes down to consistently doing the right things on a day to day basises. We insist you understand the following Disclaimers so invested time, effort and investment is not compromised.

Once we are all on the same page, disagreements, conflicts, unrealistic expectations and other troubles will be avoided as both parties understand the process of earning their online success.

Websites done right is an ongoing process that never ends. If you stop site building your rankings eventually fall and so does your revenue.

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Disclaimer #1. SEO is a very time-consuming process. It may take anywhere from 4 months to 6 months to see results depending upon your competition. Hence our minimum contracting SEO terms of 6 months. When competition is very high for your industry this process requires even more time and effort.

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Disclaimer #2.  No guarantee of no.1 ranking or consistent top 10 rankings for any keyword phrase as SEO has no control over search engine ranking algorithms and ongoing SEO efforts and budgets by your competitors.

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Disclaimer #3.  Search engines like Google may hinder the rankings of your new site because.

  1. websites need to prove their ability to exist and improve over time.
  2. ranking brand new websites against established sites becomes a lot harder and takes time.
  3. Rankings settle down to its real place over time, they can go up and down without notice.
  4. Google’s algorithms can change at any time, this is a good thing when you have I.T. experts ready!
  5. SEO is hard work and time consuming and a long term marketing strategy

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Disclaimer #4.  We offer NO Guarantee/Warranty of project timeliness, added expenses and end results if SEO work is destroyed either wholly or in parts , either knowingly or unknowingly by any party other than the SEO himself or without the prior consultation/knowledge of the SEO.

Any SEO work is considered to be destroyed if following changes are made to the website without first consulting your SEO Team:

– Renaming, re-locating, adding or removing any file, folder or sub domain on a web server including web documents, robots.txt, .htacess file, sitemap.xml, rss.xml etc
– Making any changes on an optimized web page.
– Changing the head section of a web page like changing the title tag or certain tags required for website authentication.
– Adding, removing or modifying contents, functionality or a widget.
– Changes in the anchor text
– Removing the google analytics code from the web page.
– Changes in the site architecture.
– Renaming URLs of a web document.
– Linking out to any website without prior consultation of the seo.
– Taking down the website or part of the website.

Any further Questions or Concerns please contact support at vibeit.com.au