Terms and Conditions - Scroll down for full T&Cs.
WP Guy and Snap Mandurah
WP Guy is a website development section of Snap Mandurah. All formal quotes, proposals, invoices and statements will be issued from Snap Mandurah. All email correspondence will be sent from the Snap Mandurah email address and if you decide to proceed, you will become a customer of Snap Mandurah.
Pricing and GST
The customer understands that the pricing information provided is an estimate only and all pricing is Pre-GST.
A website consultation can take place by telephone or in person at Snap Mandurah. After the website consultation has taken place, Snap Mandurah will send a formal proposal which details all the website costs, and maintenance plan costs.
We cannot guarantee that the functions contained in any web page templates or a completed website will always be error-free.
We can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website, and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
The Client agrees that it shall defend, indemnify, save and hold Snap Mandurah harmless from any and all demands, liabilities, losses, costs, and claims, including legal fees associated with Snap Mandurah's development of the Client’s project.
This includes liabilities asserted against Snap Mandurah, its subcontractors, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed, or any product sold by the Client, its agents, employees or assigns.
The Client also agrees to defend, indemnify and hold harmless Snap Mandurah against liabilities arising out of any injury to person or property caused by any products or services sold, or otherwise distributed over the Client’s project.
This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organisation, or business.
Rights Upon Termination of Agreement
Snap Mandurah shall transfer, assign and make available to the Client all property and materials in the Designer’s possession or subject to the Designer’s control that is the property of the Client, subject to payment in full of amounts due under this Agreement.
Snap Mandurah uses Premium Plugins and Themes for your website. Snap Mandurah can provide ongoing use of these within the maintenance plan; however, if you cancel our services for maintenance, you will need to obtain the necessary licenses for the plugins and themes we use, to ensure continued functionality of the website.
Snap Mandurah also agrees to provide reasonable cooperation in arranging for the transfer or approval of third party’s interest in all contracts, agreements and other arrangements with advertising media, suppliers, talent and others not then utilised, and all rights and claims to it and therein, following appropriate release from the obligations therein.
In the event, the Client terminates this agreement by written notification within 30 days of acceptance, the following will apply:
Work completed shall be billed at the hourly rate of $120.00 + GST and will be deducted from the 50% down payment, the balance of which shall be returned to the Client.
If at the time of the request for a refund, work has been completed beyond the amount covered by the initial payment, the Client shall be liable to pay for all work completed at the hourly rate. No portion of this initial payment will be refunded unless written application is made within 30 days of signing this agreement.
In the event of any default of any material obligation by or owed by a party under this agreement, the other party may provide written notice of such default, and if such default is not cured within ten (10) days of the written notice, then the non-defaulting party may terminate this Agreement.
Any notice required by this agreement or given in connection with it shall be in writing and delivered to the appropriate party by email, personal delivery or by certified mail, postage prepaid, or recognised overnight delivery services.
Laws Affecting Electronic Commerce
From time to time governments enact laws, levy taxes, and tariffs affecting Internet electronic commerce. The Client agrees that the Client is solely responsible for complying with such regulations, taxes, and duties, and will hold harmless, protect, and defend Snap Mandurah and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet electronic commerce.
Ownership of Completed Works
Copyright to the finished assembled work of web pages and graphics produced by Snap Mandurah shall be vested with the Client upon final payment for the project.
This ownership is to include: design, client’s photos, graphics, source code, work-up files, and text.
Rights to purchased photos, graphics, computer programs, themes, and plugins are individually not transferred to the Client and remain the property of their respective owners.
The Designer and its subcontractors retain the right to display all designs as examples of their work in their portfolios.
The Client represents to Snap Mandurah and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Snap Mandurah, for inclusion in web pages are owned by the Client. Also, that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Snap Mandurah and its subcontractors from any claim or suit arising from the use of such details furnished by the Client.
When we receive your final payment, copyright is automatically assigned as mentioned above. We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolios and to write about the project on websites, social media, in magazine articles and books about web design.
Warranties and Liability
The Client agrees that any material submitted for publication will not contain anything leading to the abusive or unethical use of the Web Hosting Service, the Host Server or the Designer.
Abusive and unethical materials and uses include, but are not limited to: pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, illegal activity, spamming, advocacy of unlawful activity, and any infringement of privacy.
The Client as a result of this agrees to indemnify and hold harmless Snap Mandurah from any claim arising from the Client’s publication of material or use of those elements.
It is also understood that Snap Mandurah will not publish information over the Internet which may be utilised by another party to harm another. Snap Mandurah will also not develop a pornography or warez project for the Client. Snap Mandurah reserves the right to determine what is and is not pornography.
Snap Mandurah does not warrant the functions of the site will meet the Client’s expectations of site traffic or resulting business, or that the operation of the web pages will be uninterrupted and error-free.
Snap Mandurah will not be held responsible for the occasional downtime of email or project due to line interruptions and other instances beyond Snap Mandurah's control.
Timing and Delays by Client
The development of a website from the start date to launch should normally take no longer than a couple of months (8 Weeks) and can be quicker depending on the availability of content and images.
Snap Mandurah will be timely in completing initial setup and amendments, inclusions requested by the client. It is essential that the client approves these changes quickly so that the work can continue.
When there are unnecessary delays caused by the client about supplying content or approving changes, more than a four week period, the client agrees that Snap Mandurah may terminate the agreement. Once the agreement is terminated, the client will be liable to Snap Mandurah for the ongoing hosting of the site. However, all work on the site will cease.
Payments and Additional Expenses
We are sure you understand how important it is as a small business that you pay on time. You agree to stick tight to the payment schedule, which will be as follows but may be revised based on further conversations between us.
50% of the total estimated website fee paid by your nominated credit card upon agreement to proceed with the website.
The remainder of the website fee is payable by your nominated credit card 30 days after commencement of the project, or launch of the live site, whichever occurs first.
Additional expenses to paid within seven days of issue of invoices.
The hosting of your website is included in your monthly maintenance subscription, for the first 12 months only. The hosting plan commences on the date that Snap Mandurah re-direct your domain nameservers to the new web host and set up the ‘Coming Soon’ page.
On the yearly anniversary of your hosting plan, Snap Mandurah will issue a seven-day invoice for the next 12 month of hosting. The current yearly cost for hosing after the first year is $150.00 + GST for smaller business presence sites and $200.00 + GST for larger, more advanced sites and eCommerce sites.
In order to keep the overall website costs at a reasonable, affordable level, we require an initial 36-month commitment to maintenance fees. You have two options for the payment of ongoing website maintenance fees.
Complete the Snap Mandurah Direct Debit Request Form, and we will deduct your monthly payment directly from your nominated bank account on the 15th day of each month.
One invoice billed annually: Twelve-monthly payments in advance using your nominated credit card.
Option One will incur a processing/bank fee with each monthly payment. This $1.10 fee does not apply to the yearly in-advance invoice.
The ongoing website maintenance fee will commence on the 15th day of the month after commencement of the project in a live environment. Please understand that once the online live work commences, costs are being incurred by Snap Mandurah, as your hosting account has been created.
The Client agrees to reimburse Snap Mandurah for any critical Client requested expenses necessary for the completion of the project.
Examples would be:
Major additional changes to the website. $120.00 + GST per hour.
Additional Pages. $100.00 + GST per hour.
Purchase of specific fonts at the Client’s request. The cost to be advised.
Purchase of specific photography at the Client’s request.$15.00 to $20.00 + GST depending on the location of purchase.
Purchase of specific software at the Client’s request. The cost to be advised.
Purchase of specific plugins for the functionality of the website. The cost to be advised.
Purchase of specific themes. The cost to be advised.
Interest accrued if payment is more than 14 days late is 5% of the outstanding amount to be added every seven days, starting from the 15th day after issuing of the invoice.
You cannot transfer this agreement to anyone else without our permission. This agreement stays in place and need not be renewed. If for some reason one part of this agreement becomes invalid or unenforceable, the remaining parts of it remain in place.