This agreement is made by and between Marmoset Digital Media (Marmoset) and the ‘Client’ as defined by Company Name in the website development agreement or online marketing agreement;
- All invoices attract COD terms;
- Marmoset will keep all Client records and documents confidential and will not disclose any client information to any person unless such disclosure relates to the performance of services under this agreement;
- Marmoset may terminate this agreement immediately if the Client breaches any of these terms and conditions, or if the Client becomes insolvent or goes into liquidation;
- If the client has purchased website development or redevelopment services, once the Design milestone phase is signed off, no further changes can be made to the design, site pages, texts or images. Any changes requested by the client which are made after the Design milestone phase is signed off are subject to Marmoset’s casual service rate of $132.00 per hour, and such service will be provided in Marmoset's sole discretion;
- To assist Marmoset perform all services under this agreement, the client agrees to provide FTP and any web server control panel ID and passwords to servers and required ancillary technology platforms as requested;
- Fees can be paid by Visa or Mastercard or directly via your bank’s Internet banking service. All payment options are outlined on our invoices;
- Marmoset has the Client’s permission to place a hyperlink on the Client’s website home page which links to the Marmoset website at www.marmoset.com.au;
- In no event shall Marmoset be liable for any loss of business, contracts, profits, or anticipated savings or for any other direct, indirect or consequential or economic loss whatsoever once the website is built and is live on the internet. Marmoset’s liability under this agreement is to produce the website and/or online marketing services based on the signed off Website Plan or online marketing agreement;
- If the client fails to make payments which are due within the terms of this agreement, the client will become liable for the cost of collection;
- Any online marketing programmes such as SEO, Local SEO and/or Google Adwords management are subject to an initial term of 3 months. After 3 months the service can be cancelled in writing to firstname.lastname@example.org, or the programme can be continued under the terms of this agreement on a month to month basis until cancelled in writing;
- 'All Services' - if a Client invoice remains unpaid for 30 days or more, Marmoset reserves the right in its sole discretion to disable or take down any services that Marmoset may be providing to the client, including, but not limited to Web Servers and Google Ads campaigns, until such time as the Client's account is brought up to date;
- For the avoidance of doubt, and in keeping with the spirit of the Copyright Act 1968 (and amendments), Marmoset acknowledges and agrees that all content, text and images are the property of the Client, both during and after the website development process. The Client also acknowledges that the internal systems and technology that provide the functions and features of the website are the property of the respective system owners and their authorised third parties, and these systems are not owned by the client nor has the client any rights over those systems, other than to enjoy the functions and features available as part of ongoing rental and leasing agreements then in place. Marmoset agrees to provide the Client with a backup of all Client data, text, images and other assets if the Client wishes to terminate their relationship with Marmoset or its system providers, subject to our ad-hoc casual fee then in place.
This agreement is subject to the prevailing laws of the State of Victoria in the Commonwealth of Australia.