Terms & Conditions for SponsoredLinX DIFM Websites
These conditions of SponsoredLinX apply to the exclusion of any terms or conditions of the Customer. No variation of these conditions will be binding on SponsoredLinX or form part of any contract unless expressly accepted by SponsoredLinX in writing.
2.1 The Service includes the building and customisation of a website for you (including populating with customised content) and ongoing support of the Website (on a monthly basis and subject to payment of the monthly fees)
2.2 The building and customisation of the Website includes the following:
design based on inputs and instructions delivered by you via phone and email.
adding (including re-formatting and resizing) (i) any logo provided by you (or creating a simple type based alternative), or (ii) images provided by you;
adding copy provided by you, or writing unique copy based on inputs from you;
changing the design and layout or functionality of any page or the skin (i.e. colour and fonts) based on your review;
editing the search engine optimisation meta-data used to optimise the Website for search engines;
integrating any supported social media and video assets you request; and
2.3 Optional add-ons to add further components or functionality to your Website can also be purchased subject to additional fees. Add-ons will automatically renew on a monthly basis (unless specified otherwise) until they are cancelled by you or the Service is terminated.
2.4 If you do not provide adequate Content or point to an existing website or other source of materials, we may proceed to build the Website utilising category specific pre-produced photos from our Content Library, which may be customised based on the details provided by you (e.g. contact details, description of your business and other relevant information).
If you have any objections or resistance to proceeding with the build and customisation of the Website, or to the publication of the approved Website, you must notify us via email and specify the reasons for your objections or resistance (such to be reasonable, and genuine issues raised in good faith). We will investigate those reasons, and attempt to resolve your issues and concerns. If a resolution is unable to be agreed within seven (7) calendar days from the day on which we became aware of your objections, then either party may cancel the Service.
2.5 Completion of the build and customisation of the Website in a timely manner depends upon your responsiveness to any of our requests, and where applicable, provision of timely and complete feedback or approvals. We are not responsible for any delays in provisioning the Service which occur as a result of your failure to respond as requested or required.
3. Publication of Website
We’ll provide you with an opportunity to review the built Website, and provide us with any revision requests or approve the Website. If the Website is approved, or we receive no response from you within five (5) business days of our request, it will be published on the Internet to the domain name you have provided. The publication of the Website completes our obligations to you under these Terms and Conditions other than in respect of (i) our ongoing relationship as a service provider for the Website hosting and (ii) the ongoing support of that Website (subject to your payment of ongoing monthly fees for the Service).
4. Cost variations
SponsoredLinX quotations for design work are based upon projected working hours at the current studio rate, plus materials. Any increased charges or costs arising from alterations or additions to contractual specifications or to work previously approved, may be charged to the Customer. Other expenditure such as material sub-contracted on behalf of the Customer will be quoted separately.
5. Limitation of Liability
In no event shall SponsoredLinX be liable to any party for any damages, including without limitation any direct, indirect, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages arising – in any way, shape or form – out of the availability, use, reliance on, inability to utilise or improper use of SponsoredLinX even if SponsoredLinX have been advised of the possibility of such damages or is negligent, and regardless of the form of action, whether in contract, tort, or otherwise. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusions of incidental and consequential damages may not apply to you.
5.1 In no event shall SponsoredLinX be liable to any party for any delays, inaccuracies, errors or omissions with respect to SponsoredLinX or the information or the transmission or delivery of all or any part thereof, for any damage arising there from or occasioned thereby, or for the results obtained from the use of information available on or through SponsoredLinX. You expressly agree that SponsoredLinX shall not be responsible or liable for any loss of data, nor shall SponsoredLinX be required to return any lost data, resulting from the suspension or deletion of user websites, network or system outages, file corruption or any other reasons.
5.2 SponsoredLinX urges you to maintain backup versions of your website’s content to guard against losses of any kind. You expressly agree that SponsoredLinX shall not be liable for any conduct by users of SponsoredLinX and shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted, uploaded, posted or made available on or through SponsoredLinX. You expressly agree to indemnify and hold harmless SponsoredLinX, its subsidiaries, affiliates, officers, agents, co-branders and other partners, and their respective employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with your information, your use of or connection to SponsoredLinX, your violation of these Terms and Conditions of Service or your violation of any rights of any third party.
6. Customers’ property
Customers’ property when supplied to SponsoredLinX will be held at the risk of the Customer, although all reasonable care will be taken to prevent loss or damage. If third parties are sub-contracted by SponsoredLinX and are to use this property to complete their requested task(s), then all properties remain the property of the SponsoredLinX Customer and may not be copied or used in any manner by the third party for their own works outside of SponsoredLinX. Once the job has been completed all copies of the properties (either physical or software) are to be returned to SponsoredLinX or deleted from their systems and/or servers.
The Customer shall not submit for use by SponsoredLinX anything whose use would constitute an unauthorised dealing with copyright material. In the event of any breach of this condition resulting in such an unauthorised dealing, the Customer shall remain liable to pay all sums due to SponsoredLinX under the relevant contract and shall further indemnify SponsoredLinX against any loss, costs or expenses attributable to such unauthorised dealing
8.1 You must notify SponsoredLinX if you do not wish to renew your subscription/monthly management before the end of the current billing cycle. SponsoredLinX will automatically renew your subscription at the end of each term and bill the then-current renewal fee to the same credit card or credit line your original subscription fee was billed to, or to the current credit card we have on our files.
8.2 SponsoredLinX reserves the right, at its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. SponsoredLinX may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.
8.3 Cancellation of Services will result in termination of your website and it will no longer be accessible via the domain name.
9 Dispute Resolution
In the event the parties are unable to resolve any issues, the parties will agree to attend a teleconference meeting to discuss the issues. Both parties agree to attempt to resolve the issues in good faith. If the parties are unable to resolve the dispute, either party may elect to cancel the Services and this agreement in accordance with clause 8.
All payments must be made before the invoice due date, unless agreed otherwise. Prices quoted by SponsoredLinX are inclusive of GST which will, where appropriate, be payable by the Customer. Where invoices are overdue by 30 days, SponsoredLinX reserves the right to suspend the website or any additional Services being offered; at 90 days legal proceedings may commence.
Upon publication of your Website, we transfer to you all rights, titles and interest in the Website in Design, but expressly reserve and retain all rights and/or licenses to (i) display your Website in Design as-is or with alterations online or in any other manner in our sole discretion, and (ii) all design, copyright or other intellectual property rights in the Templates. Except as expressly stated in this clause, no other rights, titles or interests are granted to you.
You may not copy, modify or translate any of our Templates or related documentation, or grant any other person or entity the right to do so.
SponsoredLinX may employ any person, company or firm as a subcontractor for the production or provision of any printed or other item in accordance with any original design or other work produced by SponsoredLinX for the Customer.
Failure by the Customer to meet financial obligations may result in legal proceedings by SponsoredLinX under which circumstances all legal costs and other administrative expenses will be recoverable in full by SponsoredLinX.
14. Support package
14.1 – Telephone Support – SponsoredLinX shall provide support via phone and facsimile. Technical support is available Monday through Friday 8:30 a.m. – 4 p.m AEST.
14.2 – Website Support – SponsoredLinX will provide the Customer with access to its website support section. Specific offerings on the website may change from time to time at SponsoredLinX’s discretion; additionally, the SponsoredLinX website provides answers to frequently asked questions.
14.3 – Email Support – SponsoredLinX will provide the Customer with email support Monday through Friday 8:30 a.m. – 4 p.m AEST.
14.4 – On-site Support – SponsoredLinX will make on-site support and professional services available to the Customer for additional fees. Prices for extended support will be provided to the Customer upon request.
15. Work Included
Any items requested that are not specifically outlined in this contract will fall outside the scope of work and could incur additional charges.
16. Design & Functionality
16.1 – Design changes – Any design changes that are requested after approval has been given is subject to additional charges at the standard hourly rate.
16.3 – Functionality – All functionality of the website will initially be delivered in line with SponsoredLinX own recommendations and best practices. The functionality of the website is to be tested and approved by the client during the defined review period outlined in clause 3.
16.4 – Mobile Design – We use mobile responsive technology to make sure that our website’s adjust based on the user’s screen size. The mobile design and functionality should be checked during the defined review period outlined in clause 3.
17. Browser Testing
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), Mozilla Firefox and Opera. We’ll also test to ensure Microsoft Internet Explorer 10 for Windows users get an appropriate, possibly different, experience. If you need an enhanced design for an older browser, we can provide a separate estimate.
SponsoredLinX are not responsible for writing or inputting any text copy outside the scope of this document. If you’d like us to write new content or input text for you, we can provide a separate estimate for that. The accuracy of all content is the client’s responsibility.