If you engage Start Marketing to provide services, this will be taken as acknowledgement and acceptance of the following Terms and Conditions and Legal Statements. Modifications to the Start Marketing Terms and Conditions and Legal Statements may be made from time to time without prior notice. User's continued use of the service constitutes an affirmative acknowledgment by user of these modifications.
The terms outlined herein pertain to the Start Marketing group of businesses including Big Local Communities and North Lakes Web Design.
2. DESCRIPTION OF SERVICE, MODIFICATIONS TO SERVICE
Start Marketing provides users with various web publishing, marketing and content management tools & services, including but not limited to the ability to create and maintain a web site as well as the hosting services for this web site. In order to use the service users should provide for own access to internet and pay any service fees associated with such access.
(i) Start Marketing reserves the right to change the terms of service and prices from time to time without prior notification.
(ii) Start Marketing reserves the right to showcase customer sites as examples of their service and inside marketing materials unless a specific request not to feature the site in product marketing materials has been filed by the owner of the website.
3. SALES TERMS
Web Design sales consist of three modules.
Commencement Payment is a one third invoice payment to be made once the scope of the project has been agreed and you have accepted our quote.
Development Server Payment is to be made once the Home Page Design is complete and prior to implementing a live version of the design on our development server.
Live Deployment Payment is to be made once the website Home Page and Sub Pages have been designed to specification and prior to Live Deployment on your domain.
Payment of any module is your confirmation and acceptance of the completion of prior modules. Live Deployment on your domain name is subject to receipt of Live Deployment Payment.
Module component payments are non refundable, however a client may terminate a project prior to completion of all modules without further cost.
Mock-up Design Reviews and Iterations Your Home Page undergoes an internal review and change prior to you receiving the Home Page Mock-up.
A further three rounds of iterations are available to you. Any further iterations will be completed once the Live Deployment Payment has been made.
1) Payment for commencement or completion of a module is not received within 4 weeks of the invoice date.
2) No written communication is received for a period of 6 weeks.
4. CLIENT OBLIGATIONS AND CONDUCT
Each client bears the sole responsibility for the content published on their website. Approval to "go live" with a website or publish content constitutes ownership and approval of that content and includes a declaration that no third party copyright will be infringed upon.
Start Marketing does not accept liability of any copyright infringement as a result of material published online via the service. Start Marketing does not guarantee the accuracy or quality of such content and cannot be held responsible for it. Your website content is subject to local, state, national and international laws and regulations as well as to internet-specific policies and procedures. Start Marketing accepts no responsibility in relation to these laws.
The client agrees;
(i) not to use the service for illegal purposes;
(ii) not to publish any material that is unlawful, harassing, abusive, threatening, offensive, vulgar, obscene, harmful, libelous, invasive of another's privacy or constitutes an infringement of third party intellectual property rights.
(iii) not to interfere with or disrupt in any way the service including servers and networks connected to the service;
(iv) not to interfere with another user's enjoyment of the service.
Leading Internet Solutions may, at its sole discretion, terminate the service should a user's conduct fail to conform to these terms and conditions.
5. USER ACCOUNTS AND SECURITY
Users are entirely responsible if they do not maintain the confidentiality of their password and account, as well as of password protected areas of their sites. Users are entirely responsible for any and all activities which occur under their account.
Users agree to immediately notify StartMarketing of any unauthorized use of their account or any other breach of security known to user.
6. CONTENT OWNERSHIP
Users retain copyright ownership and all related rights for materials published on their Start Marketing website. A full and current copy of your website files will be provided upon request and payment of a $100 administration fee.
7. STORAGE AND OTHER LIMITATIONS
Start Marketing reserves the right to automatically clean assets exceeding the storage limit for the respective package subscription, after sending an email notification for exceeding the limit and failure on the part of the user to take subsequent action to clean the surplus assets or alternatively request an upgrade of the account. StartMarketing assumes no responsibility for the deletion or failure to store information entered into StartMarketing Content Management System by the user.
8. NOTICE AND TERMINATION OF SERVICE
StartMarketing may terminate the Service immediately with or without cause. StartMarketing shall not be liable to users or any third party for termination of the service. Upon termination, user's right to use the service and the related software ceases immediately. The user retains ownership of the website content and the website back-up code may be released to the user at a cost of $200. The website back-up does not come with a Content Management System (CMS) and the user is responsible to arrange hosting for their website content.
9. PRODUCT SPECIFIC TERMS
Search Engine Marketing Website
If you have a Search Engine Marketing Product (customised web page or website for the relevant SEM campaign, or any Product that we designate as a Search Engine Marketing Product, that we create for you and that you approve), we will direct your SEM sponsored listings or other relevant listing to the associated web page or website.
We will create the web page or website for you as we see fit using content relevant to you, including content from your website.
In order to provide you with a Search Engine Marketing Website, we will register a generic domain name relevant to your business. The domain name remains the property of Big Local Pty. Ltd. and will not be transferred to you when your Product is cancelled or your service contract ends.
Domain NamesDomain Name registration incurs a cost to you, the client, of $28.00 per year, per domain name. Your Domain Management Account access details are emailed to you upon registration of your domain name, via the email address that you provide during the domain name registration process.
Management of your domain name, including contact information and annual registration renewal is the sole responsibility of you, the client. Should your contact information change, it remains the sole responsibility of you, the client, to update your information in your Domain Management Account, regardless of whether you have notified Start Marketing of the change to your contact details via email or any other means.
You will be notified by email, to the email address provided during the domain registration process, when your domain name becomes due for renewal. To avoid the risk of losing your domain name, due to domain registration expiry, it is important that you keep your email address and all other contact details current.
Should your Hosting and Content Management System Monthly Service cease, your Domain Management Account will not be affected and you should continue to manage and renew your domain name/s in the usual manner.
The Small Enterprise Email Service (Maximum 2 email accounts and 2 email addresses with 500mb each of server space) is included, upon request, for any StartMarketing customer paying a Monthly Service Fee for Hosting and Content Management System.
It is the sole responsibility of you, the client, to add your email accounts for use on your pc/s, laptop/s and mobile device/s, using the Email Set-up Information provided by Start Marketing. The responsibility of Start Marketing in relation to email set-up is limited to provision of the Email Set-up Information which includes the following details;
- Email Address
- Incoming and Outgoing Mailserver addresses
- Server Port Numbers
Should you require further technical help in relation to the configuration of your email client (Outlook, Gmail, etc.), the responsibility of Start Marketing in relation to the configuration of your email client (Outlook, Gmail, etc.) is limited to confirmation that the Email Set-up Information provided to you is correct.
Should your Hosting and Content Management System Monthly Service cease, email may continue to be provisioned at the standard monthly cost for Small Enterprise Email.
All clients of Start Marketing are charged a monthly or quarterly Management Charge which includes the following services; Website Hosting, Email Hosting, Content Management System, Software Updates, Website content updates (limited to 2 image or text updates per month with a maximum 5 images per time, does not include copy-writing or editing tables).
Monthly and Quarterly Management Fees are payable in advance. The service may be cancelled at any time with seven days written notice to Start Marketing. Written notice of cancellation must be received via email, with a minimum of 7 days notice. To avoid billing, notice of cancellation must be received at least 7 days prior to the next billing date.
Should you wish to discontinue the service, you may request the back-up files for you website. An administration cost of $100 is required to release files. Note: Website files from Cloud Hosted Content Management Systems do not come with a Content Management System (CMS).