Terms and conditions

Summary. Please scroll down for all services.

Websites

We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future. You are hiring In Cahoots Co located at Ipswich to design and develop a web site for the total price as outlined in our proposal. 

By paying the deposit amount set out in the invoice that has been issued to you by us, you are agreeing to, and are bound by, our Standard Terms of Business, the project proposal in addition to the following Terms & Conditions. 

What do both parties agree to do? 

 You: You have the full power and authority to enter into this contract in the name of the party you have identified in your engagement with us. You’ll give us everything we need to complete the project as and when and, in the format, we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract. 

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll use reasonable endeavours to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us unless we are required to disclose it by law, the rules of any recognised securities exchange, or you give us consent to do so. 

Design 

We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes, as requested. We create digital works predominantly using ‘Duda CMS’ as our platform, however, we may use other platforms at our discretion where we consider it appropriate. We may use static visuals to indicate a look-and-feel direction (colour, texture and typography.) Unless we have agreed with you otherwise in writing, we will use the process we consider most appropriate to build digital works for you. 

Most correspondence will be via email as this gives us factual records of change and update requests. Please keep in mind that this is a creative process and we will do our utmost to interpret and meet your requirements however due to the nature of creativity it sometimes may not be exactly as you envisaged. You’ll have plenty of opportunities to review our work and provide feedback. We will have regular contact as updates and changes are made. If, at any stage, you’re not happy with the direction our work is taking, you will be required to pay us in full for everything we’ve produced until that point and can cancel this contract. (This payment will not include the cost of our first draft as agreed with you). 

Text & Content 

 We’re not responsible for writing or inputting any text copy unless this has been agreed to as part of your quote. If you’d like us to write new content or input text for you, we can provide a separate estimate for that. If you engage us to input text for you, it will be your sole responsibility to ensure that the content does not infringe any applicable laws, regulations or third-party rights and to ensure that the material is not obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, menacing, blasphemous or in breach of any third-party intellectual property rights (Inappropriate Content). We may (with your consent) make minor changes to your content to improve it and we reserve the right to refuse to upload Inappropriate Content. 

Changes/ Alterations 

We allow for  2 revisions / changes / updates / additions after the first draft (as agreed) is sent to you and agreed on. We set this limit of revisions as, quite simply, we cannot go on forever making changes. So it’s best you are organised with most of your content / pictures / logos etc at the beginning of our engagement. Whenever you email us to make a change it is counted towards the 3 included revisions, so please add as much as you can in each email. After the third revision, changes are charged at our standard maintenance rate, which is specified in our project proposal [and on our invoices]. 

Photographs 

You should supply graphic files to us in an editable, vector digital format or .jpeg / .png. You should supply photographs to us in a high-resolution digital format. If you choose to buy stock photographs, we can suggest online stock libraries. 

We will supply up to 6 high resolution pictures free of charge. If you’d like us to search, purchase and supply photographs for you, we can provide a separate price for you. 

Desktop browser testing 

Where appropriate, we test our work in current versions of major desktop browsers which have over 10% market share. It is not possible for us to develop digital works that will look the same in all browsers. 

Mobile browser testing 

Where appropriate, we test our work on popular small-screen devices to help ensure that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We usually test our work in current versions of ‘Smart’ phones which have over 10% market share. It is not possible for us to develop digital works that will look the same on all phones. 

Changes and revisions 

We know from experience that the development of most digital works takes around 6 to 8 weeks to finalise once you have supplied the content. This is mainly due to the amount of content that is required to complete most websites or other digital works projects. More often than not we add the content supplied by clients and then the client makes several changes along the way. As we receive these changes, they go into the queuing system for our team to make updates. At any time, we can be working on a large number of websites, so these changes, even when minor, can take 2 to 4 working days to turn around. We will use reasonable endeavours to action all customer requests in a timely manner. 

Hosting 

All websites we created are hosted on dedicated servers leased by us from third party specialist hosting companies. We may also refer you directly to other providers if you use a CMS that allows this. In Cahoots Co will not be responsible for any loss of business or other damages resulting from occasional “down-time” or other technical problems related to the hosting servers, whether caused by the hosting company or any other reasons beyond our control. Please note that your website hosting bill (if hosting is provided by us) must be paid on time to keep your website operational. Late payments over 30 days will attract a late payment fee.

Migrating your DUDA website

Your website (unless specifically requested) will be created on the DUDA CMS and hosted on AWS (via DUDA), and while it cannot be directly transferred to a new hosting provider (ie like a Wordpress site), we can package most of the site contents into a zip file. This file can then be provided to another website developer to review and recreate on other platforms. We do not provide any additional support once website contents have been exported. Your new web developer would be responsible extracting contents for use on the new website. The zip file will contain the following, Editor preview HTML, CSS, Site images

3rd Party Plugins or Custom Integrations

In Cahoots Co is not responsible for the ongoing availability of 3rd party applications or custom integrations that require ongoing 3rd application availability. We will assist in restoring or finding a new solution which will be quoted separately or at an agreed hourly rate.

Security 

We include free security via our Duda CMS on all websites however we cannot guarantee that your website or other digital works will be secure or free from bugs or viruses or any other type of malicious code or software and we take no responsibility should your website or other digital works be hacked or otherwise for any losses that you may incur. Should you be hacked, we can assist you to restore your site or other digital works to the last available version from the backups. We initially add a complex password to your login to lessen this possibility. Should you change this password, or simplify it, you may be making it easier to be hacked. 

We will charge our hourly standard maintenance rate for any assistance that you request in relation to a hacking event. 

Backups 

We take regular backups of all websites. We can also provide an offline backup of your site in a .zip file. Please note restoring your website to a previous days version due to client design errors or attempted DIY updates will be $150 + gst. Restores are daily, and if any additional amendments are required after the restore this will be completed by the client or by our team at an hourly rate engagement of $150 p/h.

Website Launch 

Depending on the nature of the digital works, it can take up to 96 hours for your website or other digital works to be able to be found on the internet after we attempt to publish them. This is called propagation and is completely out of our control. It can take up to 3 weeks to be found on search engines. Once again this is out of our control but we take reasonable steps to minimise these times for our clients, where possible. 

Training 

If you require training, we can provide it in-person or over video conference (usually sharing screens to make it easier to follow). Our standard training rate will apply ($150 + gst per hour, per person). If training is required on site travel time charges will be added at the same rate. 

We will not be responsible for, and accept no liability in relation to, any changes or updates you make to your website. 

Intellectual property rights 

You’ll own the intellectual property rights to the website or other digital works that we create for this project – subject to any third-party ownership rights. We’ll give you source files and finished files if requested, and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them. We love to show off our work and share what we’ve learned with other people, so we reserve the right, and you grant us a non-exclusive licence to use the intellectual property rights in the website and any other digital works we have developed, along with the software, for the purpose of displaying and linking to your project as part of our portfolio and to write about it on the web and in articles for advertising and promotional purposes. 

Payments 

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. Our payment terms are shown on the original proposal we sent to you. We thank you in advance for prompt payment of our invoices for completed works to keep your project on track. 

Parked Projects 

If we encounter extensive delays in receiving feedback or content / information from you and after many repeated attempts, are still unable to complete your project due to lack of receipt of such, your project may be parked to continue when you are more ready to do so. If project completion extends beyond 3 months, additional charges may occur to bring the project back online for completion. These charges are related to re-familiarisation of the project by our team, updates required to your platform, plugins and possibly theme. 

Finally 

You will not be able to transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document governed by the laws in force in, and under the exclusive jurisdiction of the courts of, Queensland, Australia. 

SEO

1. Services

1.1 In Cahoots Co offers internet marketing services that include, but are not limited to: Search Engine Optimisation (hereinafter known as “SEO”)

1.2 SEO Services

In Cahoots Co provides SEO services to the Client for mutually agreed keywords, pages, and prices as agreed between the parties before the commencement of this Agreement.

1.3 The Client authorises In Cahoots Co to appoint agents and or contractors from time to time to assist in the provision of the Services under this Agreement.

2. In Cahoots Co Obligations

2.1 In Cahoots Co will provide Services to the Client in accordance with In Cahoots Co standard policies and procedures. In Cahoots Co reserves the right to reject Clients for any other reason, at In Cahoots Co sole discretion. In Cahoots Co will be responsible for all aspects of providing the Services.

2.2 All In Cahoots Co rules, policies and operating procedures concerning privacy, pricing, customer service, and all other aspects of the Services will apply, and In Cahoots Co may change its rules, policies and operating procedures from time to time in its sole discretion.

3. SEO Reports and Activities

3.1 In Cahoots Co link building activities (“off-page optimisation”) are confidential and In Cahoots Co does not disclose these activities. However, to provide a client with feedback about how a domain is progressing with SEO services.

4. Cancellation of Services

4.1 This Agreement shall renew at the end of each 30-day period for a successive 30-day term unless either party provides a minimum of 30-days written notice of its intention not to renew or if both parties agree to enter a new contract term for a determined time period.

4.2 Cancellations become effective on the day they are processed by In Cahoots Co. The Client will be notified of the cancellation via email.

5. Warranty

5.1 In Cahoots Co expressly disclaims any and all warranties regarding or related to this agreement other than those imposed by statute under the laws of the Commonwealth of Australia or Queensland.

5.2 In Cahoots Co makes no warranty or representation:

5.2.1. as to the position your advertisement is placed on a search result page, or the frequency and time of day that your advertisement is displayed;

5.2.2. for any specific result on any search engine;

5.2.3. as to the quantity or quality of increased traffic or sales to the Client’s Website; or

5.2.4. as to Client Website’s ranking. In particular, the Client acknowledges that the search engines change their ranking algorithms on a regular basis and new sites and competitor sites may be being optimised and submitted continually.

5.3 While Google’s results are displayed on other search engines, In Cahoots Co Services are aimed at increasing visibility and boosting traffic from Google. Google does change its algorithm and In Cahoots Co is not responsible for the client’s rankings due to this algorithm change. In Cahoots Co will endeavour to maintain the Client’s Google rankings, but the Client acknowledges that In Cahoots Co is not liable for any loss of business due to ranking fluctuations caused by Google algorithm changes. In Cahoots Co is not responsible for the Client’s ranking fluctuations that may have been caused by this previous SEO work.

5.4 The Client acknowledges and agrees that:

5.4.1. the information available on or through the Client’s Website following the application of the Services is not reviewed, controlled or examined by In Cahoots Co in any way before it appears on Client’s Website;

5.4.2. In Cahoots Co does not endorse, verify or otherwise certify the contents of any such information; and

5.4.3. The Client remains at all times legally responsible for the content of the Client’s Websites (including in connection with infringement of intellectual property rights of any other party).

5.5 In Cahoots Co does not warrant or guarantee that:

5.5.1. any information available on or through In Cahoots Co will be free of infection by viruses.

5.5.2. that the functions or services performed by In Cahoots Co or a Supplier will be uninterrupted or error-free, or that defects in Services will be corrected.

5.6 The Client remains responsible for the ongoing security and integrity of their own software, website, networks and systems.

5.8 The Client agrees to share the Client’s website URL, keywords used for SEO purposes, website design, and/or social media profile URLs created/or managed by In Cahoots Co on In Cahoots Co marketing materials (such as websites, proposals, and portfolio examples), unless the Client instructs otherwise.

6. Indemnity

The Client will indemnify In Cahoots Co and its customers, suppliers, directors, officers, agents and employees from and against any and all losses, costs, damages, liabilities and expenses (including, without limitation, reasonable legal fees) arising out of or relating to any breach by the Client of any of the terms of this Agreement.

7. Limitation of Liability

In Cahoots Co shall not be liable to the Client or any entity or person claiming through or under the Client for any loss of profit or income or other indirect, consequential, incidental, or special damages, whether in an action for contract or tort, in connection with this Agreement, even if In Cahoots Co has been advised of the possibility of such damages. In no event shall In Cahoots Co liability to the Client hereunder exceed the amount paid to In Cahoots Co by the Client for the previous one (1) month of services. This limit is cumulative and the existence of more than one claim will not enlarge the limit. The Client acknowledges that these limitations of liability are an essential element of the bargain between the parties and in their absence the terms and conditions of this agreement would be substantially different.

8. Agreement

This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof. This Agreement may be amended from time to time in In Cahoots Co sole discretion. An email communication sent to the Client’s last known email address will be deemed sufficient notice of any such changes in this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties` successors and permitted assigns; provided however, that the Client may not assign this Agreement, in whole or in part, without In Cahoots Co`s prior written consent and any assignment by the Client without such consent shall be null and void.

This Agreement shall be governed by and interpreted in accordance with the laws of the state of Queensland (Australia) without regard to its rules pertaining to conflict of laws. Any litigation or dispute resolution related to this Agreement shall take place in Australia, and the parties hereby consent to the jurisdiction of the state and federal courts located therein. Except as otherwise expressly set forth herein, any notice required or permitted to be given under this Agreement shall be sufficient if in writing, in the English language, and sent via Australia Post Certified Mail, return receipt requested. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, that provision will be severed only to the extent minimally necessary, and the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default and will not act to amend or negate the rights of the waiving party.

Paid Digital (PPC)

1. We will setup paid digital campaigns as per your instructions and tailor to your budget. Results are not guaranteed, and can be impacted by factors outside of our control including your website setup, product or service, your pricing, your terms and general supply and demand.
2. Limitation of Liability: In Cahoots Co shall not be liable to the Client or any entity or person claiming through or under the Client for any loss of profit or income or other indirect, consequential, incidental, or special damages, whether in an action for contract or tort, in connection with this Agreement.