terms & conditions

In these terms and conditions ‘we’, ‘us’ and ‘our’ refer to m’khala. References to ‘you’, ‘your’, ‘client’, ‘customer’ and equivalent terms denote you and your agents.

Your access to and use of all information on this website (http://www.mkhala.com.au/), including ordering or purchase of our service(s), is provided subject to the following terms and conditions.

We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Prices

All prices listed on this website are in Australian Dollars (AUD) and are exclusive of GST.

We endeavour to ensure that all our prices are current. We reserve the right to amend our prices at any time. If you placed an order via the website, we undertake to fulfil your order at the price listed at the time you ordered.

Project commencement

We will only commence a project where an order has been placed. This includes agreements made with clients via email, telephone or mail, as well as orders placed via this website.

An ‘order’ will be regarded as a written or verbal contract between the client and m’khala. These terms and conditions will be deemed to be part of that contract unless otherwise agreed.

Payment

m’khala accepts payment by direct deposit, PayPal, cheque or money order. The relevant payment details will be included on each invoice issued.

Payment terms are strictly 14 days from date of invoice. Overdue invoices will attract a 3% management fee for each reminder issued.

If an invoice remains unpaid and m’khala has not been given satisfactory reasons for the delay, we reserve the right to withdraw access to the website, systems and any other project-related material.

Custom quotes

Fixed-price quotes are valid for 30 days from the date of issue.

Unless otherwise noted in a contract agreement, all fixed-price projects will be invoiced in two stages:

• 30% of the quoted price will be invoiced when the project commences
• the balance will be invoiced after your project has been completed.

Variations or extensions to the scope of a project, after an order is placed, will be undertaken and charged by the hour at our standard rates, and will be added to the final invoice once your project has been completed.

Hourly-rates are valid for 6 months from the date of quote.

Unless otherwise noted in a contract agreement, all hourly-rate work will be invoiced on a monthly basis until such time as the project is completed. The final invoice will be issued immediately after the project has been completed.

Package deals

Web development packages will be invoiced in full at project commencement.

Variations or extensions to a package will be undertaken and charged by the hour at our standard rates, and will be invoiced once your project has been completed.

Third-party expenses

From time to time we may purchase goods or services from a third-party for the specific purpose of enabling us to complete your project (for example: domain registration, hosting, photography). Most third-party expenses will be foreseeable and will be included in the quoted price for a project or the initial cost of a package.

However, in rare cases, we may incur unforeseen charges from third-parties in the course of providing you with our services (for example: additional photos or stock images). We will endeavour to inform you prior to this occurring. If this is not possible, we will inform you as soon as reasonable after the cost is incurred.

All third-party expenses not specifically itemised in a project quote or package deal will be added to your final invoice. We reserve the right to charge a management fee (up to 10% of the actual cost) which will also be added to your final invoice.

Cancellations & refunds

If you decide not to proceed with a project or package deal after you have ordered it, you must advise us in writing immediately to cancel your purchase.

An administration fee of 30% of the project quote or package cost will be charged for all cancellations.

If you decide to terminate a contract after work on a project has commenced you will be liable to pay for all work completed up to the point of termination and we shall own all rights to the work.

This charge will be additional to the cancellation fee.

You shall also be liable to pay any expenses incurred by us prior to you cancelling the project.

You shall assume responsibility for collection of all legal fees necessitated by default in payment.

Package deals

If you have already paid for a package deal, we may offer a partial refund depending on the level of completion of your project at the time you advise us of the cancellation.

Recurring costs

All recurring costs related to the ongoing management of a website (or other online application) must be met by the client.

Examples of recurring costs include (but are not limited to):

• domain registration
• website/email hosting
• email marketing services
• SSL certificates
• search engine optimisation
• online payment gateways.

Most of our web development quotes and package deals include the cost of initial domain registration and website hosting for the first year. Unless otherwise agreed, it is the client’s responsibility to renew these services when they become due.

If required, we can continue to manage renewals on your behalf for a small management fee plus the actual costs. Renewal management will be negotiated on a project-by-project basis and m’khala will invoice you when fees are due.

Website archives

You are responsible for keeping a copy of any pre-existing website (including all databases and files) that may be replaced during the provision of our web design and/or development services.

We can provide assistance with archival solutions at our standard hourly rates.

We will supply you with a complete archive/backup of the final website solution that we publish for you. This will be supplied as part of the website handover after the project has been completed.

Feedback & review

All projects will include one or more design concept and/or development review stages, where you will be asked to view and check the work we have completed up to that point.

At each review stage, the next stage of the project will commence only after you have given your approval to proceed.

You must review and provide feedback within 7 calendar days at each review stage. Any changes requested after 7 days will be undertaken and charged by the hour at our standard rates.

Colour variations

Colour variations may occur from one computer monitor to another, and from on-screen preview to printed document. Variations in colour will also occur in documents printed on desktop printers and by commercial printers.

The variations in colour will be minor if the computer monitor is properly calibrated and appropriate software is used to view and print the project.

However, we cannot control colour variations and will not be held responsible for such variations.

Website design concepts

For web-based projects (e.g. websites, email templates, etc.) design concepts will be supplied as static images (e.g. GIF, JPEG, PNG) for your approval, prior to the development of the HTML/CSS code for the project.

Changes to the design or layout after the production of code has commenced may incur additional charges.

Please note that these visual mockups may not exactly match the final working solution – they are to be used as a guide only when approving the look and feel for the project.

Project delivery

Once the project has, in our opinion, been completed we will notify you, either verbally or in writing, and provide you with an opportunity to test and review the final product.

You will be required to provide formal written approval, via email or mail, before we will publish and handover the completed project.

We will do our best to find and correct any obvious errors in your artwork and/or content but it remains your responsibility to approve the final product for publication. You agree to thoroughly review and double-check all content before providing final approval. We will not accept any responsibility for missed or incorrect information or any other content or design errors after your approval.

Projects will not be handed over until after final payment is made in full.

Web development

After your website has been published, we will review and repair free of charge any pre-existing code errors (bugs) in the website if they are bought to our attention within 90 days of publishing. All other modifications, including fixing of bugs reported after 90 days, will be undertaken and charged by the hour at our standard rates, and will be invoiced once completed.

We guarantee that your website will function to agreed specifications only for the server configuration where the website is initially developed and published.

We will not be held responsible for errors or loss of functionality if the website is later moved to a server environment that does not match the project server specifications.

Browser compatibility

All websites designed by m’khala will be optimised for display on standards compliant web browsers. They will then be adjusted to provide support for Internet Explorer (IE).

We test our code using web browsers that are, statistically, the most commonly used. Layout and aesthetic elements may change or degrade in some browsers.

Websites are tested on:

• Internet Explorer versions 7 and 8 (PC)
• latest version of Firefox (Mac)
• latest version of Chrome (PC)
• latest version of Safari (Mac).

We will test and optimise for additional browsers and/or versions only if specifically requested by the client before commencement of the project.

Supply of content

You agree to supply the content required to complete your project (including, but not limited to, text and images) in a timely fashion. m’khala will not be held liable for any loss incurred due to your failure to supply appropriate content or meet agreed deadlines.

You agree to supply each piece of content in a suitable digital format. You will be consulted to determine the most suitable format(s) on a project-by-project basis. If you fail to supply your content in the agreed format(s), additional charges may apply.

If m’khala is required to supply content for your project, additional charges will apply. For any content that we produce for you, work will be undertaken and charged by the hour at our standard rates. For content that we source from external or third-party providers, you will be charged the cost price plus a 10% management fee.

Copy

All text must be supplied in an agreed digital format (some examples include: TXT, RTF, iWork Pages, MS Word).

Unless you have ordered our editing services as part of your project, all text must be edited before it is supplied to m’khala. We will not be held responsible for any grammatical and/or spelling errors.

The copy you supply must adhere to the agreed structure for your project. For example, content for a website must be supplied in a form that reflects the number and type of pages on the website.

Images

Graphics and photographs are to be supplied in an agreed digital format (some examples include: AI, EPS, PSD, PNG, JPG, TIFF).

Photographs must be supplied as originals (i.e. unedited) unless otherwise agreed for a particular project. Low resolution and/or poor quality images will not be accepted unless by prior arrangement.

Branding

All logos and branding must be provided in a industry standard vector format (for example: AI, EPS, PDF).

Revisions

You will be allowed two rounds of revisions of content, after you submit your content, before the project is completed. During each of these revisions you will be permitted to modify a maximum of 20% of the total amount of content.

Extended revisions outside this scope will be undertaken and charged by the hour at our standard rates.

Package deals

We reserve the right to amend our packages at any time. If you have placed an order via the website, we undertake to fulfil your order using the package description listed at the time you ordered.

We endeavour to make the descriptions of our packages as simple to understand as possible; however, some confusion as to what is included and what is not may occur. In these instances, common-sense shall prevail and we will negotiate with you as to what constitutes a fair deal.

Feedback & review

During package implementation, you are permitted two rounds of feedback containing a maximum of 15 change requests in total. Each change request shall entail a fair and reasonable amount of work.

If additional or excessive changes are requested, they will be undertaken and charged by the hour at our standard rates.

Templates

Each package deal includes a choice of one template from a range of pre-existing website designs. Specified elements of a template may be customised depending on both the package ordered and the template chosen. In all cases, you will be able to provide your own logo and content for use within your chosen template.

If the package ordered includes ‘customised design elements’, you will be provided with a list of those elements that may be customised in your chosen template along with the available customisations for each element.

Client templates

If you wish to supply your own template it must meet certain standards. At a minimum:

• the html must validate as either XHTML or HTML5 using the W3C validation service
• the CSS must validate to W3C standards
• all original images and graphics used by the template must be supplied.

Other criteria may also apply.

m’khala reserves the right to refuse to implement a template that does not meet our standards.

Sample images

Images used in all templates are placeholders only. The purchase of a package and/or template does not include the image(s) shown in the examples. If you wish to purchase the images shown, additional charges will apply.

All images for use in your website package must be supplied by you in a suitable format. If we are required to source images on your behalf, additional charges will apply.

Functionality

All package deals include pre-determined standard functionality.

It is your responsibility to determine whether or not the functions included in a particular package will suit your business requirements, prior to you ordering the package.

We are happy to answer any questions you may have prior to purchase.

Content limitations

For all features of a package deal where it is possible to have ‘unlimited’ content, we will impose a fair and reasonable restriction on the amount of content that we will insert into the project prior to handing it over to you. You will then be responsible for inserting all future content.

The amount of content that constitutes a fair amount will be determined on a case-by-case basis in consultation with you.

We will supply written instructions on how to upload and insert extra content as a standard feature of all package deals. We can also provide customised training for an additional charge.

Image galleries, slideshows & product catalogues

In most cases we will edit (crop, re-size and sharpen), upload and insert up to 10 initial images (or products) to get you started. It is then your responsibility to edit, upload and insert any additional images that you would like to use.

m’khala can provide training on how to edit images to make them ready for use on the website for an additional charge. We also provide an image editing service, if required, for an additional charge.

Email templates

All email templates designed by m’khala will be tested using the Litmus service and will be optimised for the most commonly used email clients. Layout and aesthetic elements may change or degrade in some clients.

Email clients tested include:

• Outlook
• iOS devices
• Hotmail
• Apple Mail
• Yahoo! Mail
• Gmail.

Optimising for additional email clients (e.g. Lotus Notes) may result in design limitations and will incur further charges.

Email marketing services

m’khala does not supply email marketing services directly, nor are we a reseller of these services.

We do, however, negotiate with third-party providers on your behalf.

All email template projects undertaken by m’khala, unless otherwise agreed, will include the set up of a ‘trial’ account with one of the email marketing providers listed below. Unless otherwise agreed, it is your responsibility to either cancel or renew this account when the trial period is over.

m’khala recommends that you use one of the following email marketing services:

• MailChimp
• Vision 6
• Campaign Monitor.

If you wish to use a different email marketing service, further charges may apply.

Template use

m’khala will upload, set up and configure your email template ready for use in your email marketing service.

If your email marketing service account is pre-existing (i.e. is not a trial account set up by m’khala) you will be required to provide the appropriate access to this account to enable m’khala to complete these tasks.

If you do not wish to use an email marketing service, we will provide you with the HTML and CSS code for your email template. It will then be your responsibility to use this template in an appropriate manner.

Domain registration & hosting

m’khala does not supply domain registration or hosting services directly, nor are we a reseller of these services.

We do, however, negotiate with third-party providers on your behalf.

All web-based projects undertaken by m’khala, including package deals, unless otherwise agreed, will include initial registration of one domain (for two years) and one year’s worth of web hosting. Unless otherwise agreed, it is your responsibility to renew these services when they become due.

We use reputable Australian service providers.

If you wish to choose your own domain registration and/or hosting provider, further costs may apply.

Domain names

To allow us to negotiate on your behalf, we will ask you to supply us with all the details required to register a domain name.

All domain names are legally owned by the client. All domain name registrations are subject to availability and registration rules.

We use Netregistry Pty Ltd (referred to as ‘registrar’) to manage our client’s domain names. Clients are bound by the registrar’s domain name registration terms and conditions which are found on their website: www.netregistry.com.au

Ongoing website management

Ongoing management of your website is not included in our standard contract and will require an additional agreement.

‘Ongoing management’ refers to the continuous work required to keep your website current, functioning and secure. This includes, but is not limited to: content updates, data management, backups, maintenance, upgrades and software patches.

If you do not proceed with an additional or ongoing management agreement, you are responsible for ongoing management of the website and you indemnify m’khala against any loss or damage arising directly or indirectly from website downtime or security breaches.

Telephone & email support

m’khala will provide support and assistance via email and/or telephone, for ongoing management of websites and/or usage of email marketing services.

Substantial queries taking more than 10 minutes to deal with will be charged at our standard hourly rates unless an ongoing management agreement is in place.

Client modifications

If the client, or an agent of the client other than m’khala, attempts to update, edit or alter a website’s pages, infrastructure, source files or hosting management in a way that causes damage to individual pages or the site’s architecture, our time to repair the website will be assessed at our standard hourly rates. The same applies to damage caused to an email template.

If m’khala is required to repair the website or email template, this additional cost will be invoiced as soon as the repair is completed.

Third-party products & services

During the course of completing your project, m’khala will liaise with third-parties on your behalf and we may offer limited support for your use of the services supplied by these third-parties.

However, training and ongoing support (where necessary) for such third-party products and services will be provided directly by the supplier, unless otherwise specified in an ongoing management agreement with m’khala.

The client indemnifies m’khala against any loss or damage arising directly or indirectly from any failure of products or services provided by third-parties.

Confidentiality

We will not disclose to any third party or use, other than for the purposes of supplying our services to you, any knowledge or information imparted to or obtained by us during or in connection with the fulfilment of this agreement, which is of a secret or confidential nature relating to the business, equipment, processes, products, services or business strategies offered or employed by the client.

This obligation of confidence will cease to apply in relation to information that we are required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by us of our obligations of confidence under this agreement.

Intellectual property rights

Our website content

The copyright to all content on this website including applets, scripts, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

All trade marks, brands and logos generally identified either with the symbols ™ or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

Website access & use

When you visit our website, we give you a limited licence to access and use our information for personal use.

You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.

The licence also does not permit you to frame or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your framing or mirroring our website or any of its pages.

Comments

Any comment, feedback, idea or suggestion (called ‘comments’) which you provide to us through this website becomes our property. If in future we use your comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your comments.

If you provide us with comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Client supplied content

You are responsible for all trademark, servicemark, copyright and patent infringement clearances in relation to all material you provide to us. You are also responsible for arranging, prior to publication, any necessary legal clearance of any materials used for this project.

You indemnify m’khala against any loss or damage arising directly or indirectly from any unauthorised use of photographs, text, or other Intellectual Property not under your copyright ownership.

If we suspect that you have supplied infringing material, we reserve the right to refuse to use that material until you provide the necessary clearances.

Project material

m’khala reserves all rights not expressly granted hereunder, including but not limited to all rights in sketches, concepts, artwork, source code, or other materials developed by m’khala in the performance of our services.

Any design material, concepts or artwork supplied to you during a project is done so purely for the purpose of you reviewing and providing feedback. You are not permitted to use, copy or re-create any of this material unless otherwise specified.

Upon completion of your project, after full payment has been received from you, m’khala will grant a you a non-exclusive license to use only those materials developed specifically for your project. For example: logos, specialised graphics and other content particular to your project.

m’khala reserves all rights to licence (open source) and release all software code, including website templates, developed by m’khala.

m’khala shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute any item from the project unless specifically agreed otherwise. Further, m’khala shall be free to use any ideas, concepts, know-how or techniques acquired in construction of the project for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information, unless specifically agreed otherwise.

m’khala reserves the right to use client designs, websites, layouts, wireframes, storyboards and collateral in advertising and promotional activities. For example: portfolio examples on our website, press releases, case studies.

Templates

All templates are copyright of either m’khala or a third-party supplier. You cannot claim intellectual or exclusive ownership of any templates used in your website project unless otherwise agreed.

Other people, including your competitors, may purchase the same template.

Each template will be supplied with its own licensing terms. These terms will vary depending on the source of the template. Please refer to individual templates for full terms and conditions of use.

Open source software

m’khala makes extensive use of open source software and components to supply websites and services. We will not charge additional licensing fees on open source software.

The client indemnifies m’khala against any loss or damage arising directly or indirectly from any failure of software supplied to the client.

All software and components not developed by m’khala retain the original licence and terms associated with them. m’khala cannot assign any rights to the client and the client agrees to be bound by the original author’s terms.

Promotion

m’khala is confident that the client’s expectations will be exceeded and as such is notifying the client that we reserve the right to use the client’s website, associated graphics and any unused ideas and development in the promotion of our services.

The client agrees to allow m’khala to retain a credit and link from the footer of their website.

Right to service

m’khala reserves the right to refuse service, especially if your requests fall outside our areas of expertise or conflict with our operating principles and policies.

Force majeure

m’khala shall not be deemed in breach of this agreement if we are unable to complete the services or any portion thereof by reason of fire, earthquake, labor dispute, act of God, death, illness or incapacity of m’khala or any local, state, federal, national or international law, governmental order or regulation or any other event beyond our control (collectively, ‘force majeure’ event).

Upon occurrence of any force majeure event, m’khala shall give notice as soon as is reasonably practicable to the client of our inability to perform, or of delay in completing, the services and shall propose revisions to the schedule for completion of the services.

Disclaimers

Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

Limitation of liability

To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.

We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

Indemnity

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Jurisdiction

These terms and conditions are to be governed by and construed in accordance with the laws of Queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Queensland and you agree to submit to the jurisdiction of those Courts.

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Hyperlinks

This website may contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by, any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

You may link to pages on our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat or otherwise re-purpose any of our pages, files, images, text or other materials.

Privacy

We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take all reasonable steps to preserve such information in a secure manner.

Our compliance with privacy legislation is set out in our separate privacy policy.