Term & Condition
Terms & Conditions
Please read through our Terms and Conditions, we ask that you do not use our website or service until you have familiarised yourself with them. If you are using or have used our service it is understood that you have agreed to the terms set forth on this page. When we say “We” “Brand Easy Australia” “Brand Easy” “us”, “our” and “our service” we are referring to Brand Easy Australia and its respective products and services. References to “you” “your” “customer” “client” and the like, refer to you, and your agents. These Terms and Conditions can change at any time. It is important that you check back here regularly. Your continued use of this website implies acceptance of any subsequent revisions. Brand Easy Australia’s liability is limited to the amount paid by the customer to Brand Easy Australia for work undertaken. Project Terms Payment Payment for our website projects is made over three stages:
Refund Policy Refund Policy on Website Projects paid in total before commencement Prior to work commencing: You will be eligible for a complete refund of your project value if no work has commenced on your project from when we receive payment of your deposit, to when we receive notice in writing that you are cancelling your website project and request a refund. Once work has commenced: Once we have commenced work on your project a partial refund may be available to you. Any request for a refund, or partial refund, must be made in writing. Your refund will be calculated by deducting costs associated with work undertaken by Brand Easy Australia (charged at our current hourly rate) and/or expenses incurred by Brand Easy Australia relating to your project up to the date of cancellation. We will provide you with a ledger of work completed, and/or expenses incurred, to justify the refund (if applicable) you will be paid. Work undertaken on your project may include, but is not limited to; contact between yourself and an Account Manager and/or website designer from Brand Easy Australia, the commencement of wireframes/prototypes by Brand Easy Australia for your project, the development of a design concept(s) by Brand Easy Australia for your project, the sourcing of imagery for your project, time spent on strategy for your website, internal discussions by our staff relating to your project, the allocation of future staffing resources in response to your project sign-off and any time spent building and/or coding your website. Expenses incurred may include the purchase of stock imagery, the purchase of third-party technology products and/or services for your project as well as other, reasonably incurred expenses in building your website. Refund Policy on Website Projects with a staged payment structure Prior to work commencing: You will be eligible for a complete refund of your 50% deposit if no work has commenced on your project from when we receive payment of your deposit, to when we receive notice in writing that you are cancelling your project and request a refund. Once work has commenced: Once we have commenced work on your project no refund is available on the 25% deposit paid for your project. Work may include but is not limited to; contact between yourself and an Account Manager and/or website designer from Brand Easy Australia, the commencement of wireframes/prototypes by Brand Easy Australia for your project, the commencement of design concepts by Brand Easy Australia for your project and other work undertaken by Brand Easy Australia in relation to your project. Once design has been delivered: As per the payment structure agreed when commencing your project, we take a Stage Two 50% payment of your website project upon delivery of a website design. Once this has been delivered and payment taken, no refund is available for the payments made to date. If you choose to discontinue your website build, you must notify us in writing at this stage. Should you cancel your website build at this stage you will have ownership of the wireframe concept we have supplied to you, as well as the website design concept(s) (excluding stock images and other materials not owned by either party) that we have supplied. Following site delivery: Following design approval, we will supply you with your website on a temporary domain name. At this stage, your website will contain the content you have supplied to us up to the point of design approval, should we not have received content from you, dummy content will be entered onto your website. If you have not provided content to us prior to Site Delivery, this is not cause for delay on the Stage Three payment owing. The Stage Three, and final website charge of 25% is taken 5 business days after we have sent the details of the temporary domain name. If you elect to withdraw from your website project at this point, no refund will be made available to you. The Stage 3 payment can only be delayed if there are material defects in the site, we provide to you, to what we have promised during the proposal, of what you have provided to us to be included in the website, wireframe and/or website design stages. Should such a defect occur, we have the right to take the Stage Three payments once the defect has been rectified. Suspending your account During your website build we reserve the right to suspend your account if we do not receive approval and/or feedback within 3 months from the date that we last supplied work to you. In order to re-open your project with Brand Easy Australia we will charge you $799 + GST to reschedule resources for your project. If your project remains suspended for three or more months, we then reserve the right to permanently close your project. At the time of closure your project will be closed completely, all money paid to us will be forfeited in its entirety and Brand Easy Australia will owe you no further obligation in terms of completing your website project. This term relates to projects at any stage of build; deposit, prototype/wireframe, design delivered, and site delivered. Monthly Fee Commencement We will commence charging your monthly fee upon website approval, or 28 business days from when your website is delivered to you for the first time on a temporary domain. Although your website may not be live at this time, your account still costs us for things such as support, domain name, email hosting, bandwidth, server disk space and system upgrades. Monthly fee billing procedure You will be billed once a month/year when using our service. We bill on the first of the month for that month’s monthly/yearly subscription fee. You will be billed retrospectively for any additional services that you use during a given month. Your first month will be billed on a pro-rata basis dependent on the number of days left in the month. You can opt to pay 6 or 12 months in advance on receipt of a Tax Invoice. Please contact our accounts team for further information. Your monthly/yearly fee is as per your website proposal until you are notified of any price increase. We will give advance notice of any price increase via email. Data transfer and disk space Your monthly fee includes a minimum of: Additional space and bandwidth can be negotiated at the time of purchase and will be reflected in your proposal. Additional space not negotiated = $0.50c Additional bandwidth not negotiated is charged at 5GB $50, 10GB $100, 15GB $150, 20GB $175, Over 20GB = $10 per GB. Additional charges will be billed at the end of each calendar month. Payment in advance You are billed for the month in advance. If you cancel your service, you will not be billed again. However, you will not be eligible for a refund or partial refund for the previous payment, regardless of how much of the current month you have used. Payment is only accepted by a direct debit from a nominated bank account or from a credit card kept on file. We do not accept cheques, direct deposits, or cash. Non-payment of monthly fee If the monthly payment for your website becomes overdue by more than 30 days, we will put your account on hold until all outstanding fees are collected. This will include any email addresses we provide. We will charge a reinstatement fee of one month’s fees ex GST in additional to all outstanding fees. If the monthly payment for your website becomes overdue by more than 90 days, we will send your account to a debt collection agency. You will then be liable for any fees incurred in the recouping of the fees charged by the agency. Cancellation of account and refund policy for monthly fee If you are not happy with your website or wish to put your site on hold for longer than one month then you can cancel your service immediately. From the time you receive your cancellation confirmation you will no longer be billed by Brand Easy Australia. No retrospective cancellation is possible. You are billed monthly, for the month in advance for your monthly subscription. No refunds or partial refunds are available for unused portions of the month. If you use several of our services (such as email hosting or domain registration), you must state which services you want cancelled. Requests to cancel an account must be in written format, stating the date you wish your service/s to cease. Once we receive your request we will reply with a written confirmation of cancellation. If you choose to commence website services with another provider, you must inform us if our services are no longer required by you. There is no automated way for Brand Easy Australia to know that you are no longer requiring our services. If you fail to inform us, we cannot refund for past months’ fees. We will store a copy of your website for 3 months from the date of cancellation, after which we will delete all files related to your website. We will not inform you once we delete all files following 3 months. If you would like us to store a copy of your website beyond 3 months, we charge a small storage fee of $20 ex GST per month. We will charge a re-activation fee if you choose to come back to us in the future. Email Hosting We provide a business email service, Features include: Accounts at your domain (daniel@yourdomain.com.au, kash@yourdomain.com.au etc) We charge a minimum of $15 per month to support email accounts on your domain name. This includes 5 email accounts. We then charge $3 for each additional mailbox you require (after your included 5). Payments via American Express All payments made via American Express (Amex) credit cards incur a 3% surcharge. The images on your websites If we use stock imagery on your website you do not own these images, ownership is retained by the image rights owner. Such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your website by us. Any editing of the dimensions in which they appear may contravene their usage rights. Do not copy the images and use them in other promotional materials. If you are looking to own the images on your website or use them for another purpose, then please contact us and we will endeavour to put you in contact with the image rights owner. This of course, does not apply to images that you own and provide to us for use on your website. Your intellectual property and our intellectual property The system that runs your website always remains the property of Brand Easy Australia. The coding, programming and intellectual property that creates your website is owned by Brand Easy Australia. In proceeding and paying in whole for a website project with us you own the style, design, and graphic design of the website. You also own all the content that you place onto your website. The content, style and design on your website will be made available to you if you elect to leave Brand Easy Australia. Website content Websites from Brand Easy Australia cannot be used to disseminate, communicate, store, or transmit:
Pricing Brand Easy Australia has the right to alter pricing at any time. Before doing so, notice will be given to you. Your continued use of our services implies an acceptance of the new pricing. Promotional material Brand Easy Australia reserves the right to use client websites, web designs, layouts, prototypes, wireframes, and collateral in advertising and / or marketing initiatives. This may include portfolio examples on our website, case studies and other promotional initiatives. Design requests from live website clients
Support and staff rates Brand Easy Australia provides a telephone helpdesk, an email support service on support@brandeasyaustralia.com.au and a Live Chat service 7 days 9am – 7pm (EST) Included in your monthly fee:
The following attracts an hourly support fee of between $100-$175 ex GST in 30-minute increments.
Payment of all support tasks or additional work outside of your original project fee will be payable as soon as the task is completed. We will not notify you of the payment, we will charge you using your payment method on file. All quotes are valid for 14 days. Non-Payment of task fees If task fees become overdue by more than 30 days, we will put your website account on hold until all outstanding fees are collected. This will include any email addresses we provide. If task fees become overdue by more than 90 days, we will send your account to a debt collection agency. You will then be liable for any fees incurred in the recouping of the fees charged by the agency. Response time
Site launch
Your privacy Your privacy is important to us. We dislike SPAM as well. We will never sell, lease, or distribute your contact details to any 3rd party. We will only reveal data pertaining to your account if compelled to do so by law. Fair use policy We employ a fair use policy to our websites. If we believe, for any reason, that you are not behaving in a manner expected of a Brand Easy Australia customer then we reserve the right to terminate your account – effective immediately. Our website You may display our website on an internet access device, and occasionally, and only in circumstances that constitute “fair use” under applicable copyright law, print copies of insubstantial portions of our website. You may not modify our website, or any portion of it, except with the express written consent of Brand Easy Australia. Accessibility We make efforts to ensure that our website, our services are online 24×7 every day of the year. However, this will not always be the case. There are times when our website will be down, sometimes for things that we cannot control and others that we can. When our service is offline, we will do our best to get it online as soon as possible. We will not be held responsible for damage, events or losses directly or indirectly related to our website being offline. If you have specific hosting needs or expect a large volume of users to visit your website in a short space of time, e.g., viral marketing campaigns, mass media exposure etc then please contact us well in advance. Service Level Agreement We endeavour to provide at least 99.9% up time on all our hosting. Hosting Your website must be hosted on our servers for the duration of your contact with us. Given the nature of our Content Management System (CMS) we cannot build or support your website unless it is hosted by us. Liability We will not be held liable for any action or inaction relating to our service. We offer a quality service at highly competitive rates. We believe that our system is highly secure from the actions of hackers, viruses and other problems on the internet but can make no guarantees. It is up to you to back-up and ensure the integrity of your data offline. If your website is offline, then please contact us and we will try to fix the problem as soon as possible. We will not be liable for loss of sales, leads or reputation from using our service. Disclaimer of warranties Brand Easy Australia does not give any warranty in respect of our services other than as is implied by law. Severability If a clause or part of a clause is read in a way that makes it illegal, unenforceable, or invalid, but can also be read in a way that makes it legal, enforceable, and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable, or invalid, that clause or part thereof is to be treated as removed from this document, but the rest of this document is not affected. Dispute resolution The parties will, in good faith, attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by negotiation. Either party may initiate negotiations by providing written notice in letterform to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within five days with a statement of its position on, and recommended solution to, the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet at a mutually agreeable time and place within ten days of the date of the initial notice to exchange relevant information and perspectives, and attempt to resolve the dispute. If the dispute is not resolved by these negotiations, the matter shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules. If the dispute or difference is not settled within 30 days of the submission to mediation and provided such period is not extended by consent of the parties, it shall be and is hereby submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitration. Notwithstanding the existence of a dispute or difference each party shall continue to perform the Agreement. This clause shall survive termination of this Agreement. Jurisdiction This website is governed by the laws of the state of New South Wales, Australia. Any dispute arising from the use of this website will be settled in this jurisdiction. |