The terms and conditions set forth herein constitute the full and complete agreement between you and Kerredan No. 49 Pty Ltd trading as FatGalah (hereinafter referred to as “FatGalahâ€) Your agreement to be bound by these terms is acknowledged by your use of the FatGalah Web Site, Hosting Services, Support Services and/or any FatGalah software made available to you. The terms contained herein supercede and replace any other agreement or negotiation between you and FatGalah whether oral, written or otherwise including any statements made by any representative of FatGalah at any time.
1. ENGAGEMENT
The services provided for under this Agreement shall begin on the creation date of the client's account with FatGalah and will remain in effect as long as the client's account is active. Both parties agree to accept electronic mail as legally binding documentation for billing purposes.
2. QUOTATIONS
2.1 Quotes provided by FatGalah are valid for a period of one month from the date issued. After this time, the quote is subject to review. In the event of any variations or extensions to the project, all changes will be quoted on and sent to the client for approval before proceeding. FatGalah can also be engaged on a time and services basis.
3. PAYMENT OF ACCOUNTS
3.1 Website Hosting
3.1.1 The Customer agrees to a month to month contract term for Services unless otherwise stated in the product or service offering (eg. domain names, SSL, special services with an agreed term) or otherwise agreed in writing.
3.1.2 All hosting accounts are automatically renewed for another period unless notice of intention to terminate the account is given by either party at least 30 days prior to the renewal date. The renewal date is the anniversary of the account setup.
3.1.3 The Customer agrees to pay for hosting services in advance of each payment term on the billing date specified in the invoice it receives from FatGalah.
3.1.4 Non-Payment of services shall result in suspension or disconnection of services.
3.1.5 Invoices for excess bandwidth and/or disk space and/or administration costs will be issued on the first working day of each month. (i.e. Excess bandwidth and/or disk space for May will be issued in June). All prices are in Australian Dollars.
3.2 Website Design and Development
3.2.1 All Web Development projects and special services (eg Website Design layouts, Translations, Copywriting etc) under $500 will require full upfront payment prior to commencement of work.
3.2.2 A 50% deposit of the total fee is required, for all projects over $500.00, upon you authorising us to proceed with the project. We reserve the right not to commence any work until the deposit has been paid in full.
3.2.3 The remaining 50% shall be regularly invoiced out as progress payments and is to be paid in full at delivery. This is defined as the date you ask us to make the website live or we hand over the management of the site to you.
3.2.4 Approval/Sign-off. To authorise commencement of a project FatGalah must receive a signed copy of the approval document enclosed with each quote. This should be emailed to accounts@fatgalah.com.au.
3.2.5 FatGalah will only commence a project where a signed agreement has been provided by email and the deposit paid in full.
3.2.6 You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
3.2.7 Invoices are not refundable. If the client decides to terminate the contract after a project has commenced, the client will be liable to pay for all work done up to the point of termination.
3.2.8 All of FatGalah invoices have strict 7 day terms unless otherwise agreed prior to commencement.
3.2.9 If invoices are not paid by the due date, FatGalah reserves the right to:
- put a hold on any current work
- move client to an upfront payment model for future projects
- refer the debt to an debt collection agency
- remove the website and/or discontinue all future work for the client
3.2.10 Clients referred to our collection agency will be liable for the invoice as well as any collection fees.
3.2.11 Any scripts or software (unless specifically agreed) written by FatGalah remain the copyright of FatGalah and may only be commercially reproduced or resold with the permission of FatGalah.
3.3 Search Engine Optimisation & Search Engine Marketing
3.3.1 SEO and SEM accounts are invoiced monthly or upfront, depending on the package and are required to be paid in advance, prior to commencing work.
3.3.2 When you choose an SEO package you are committing to the services provided and limited to in the package. You will be asked to confirm an SEO Package Agreement.
3.3.3 All fees are non-refundable.
3.3.4 FatGalah has no control over the policies and ranking algorithms of search engines with respect to the type of sites and/or content that they accept now or in the future. Client's web site may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory.
3.3.5 Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, FatGalah does not guarantee No.1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
3.3.6 FatGalah only uses honest, ethical and completely legitimate techniques and accepted standards to improve your Search Engine Ranking.
3.3.7 FatGalah is not responsible for the Client overwriting SEO work. The Client will be charged an additional fee for re-constructing, re-optimizing content/web pages, based on our current hourly rate.
3.3.8 If the Client request excess work outside the scope of the package provided, FatGalah reserves the right to charge you additional fees.
4. GENERAL
4.1 FatGalah's internet services are provided to the client on an as is basis. These services are provided without warranty of any kind, express or implied, involving and including programming services, database services, any software or material provided to the client, or any other type of service offered by FatGalah.
4.2 In no event will FatGalah be liable for any direct, indirect, incidental or consequential damages, including but not limited to, loss of data resulting from delays, non-deliveries, or service interruptions caused by FatGalah or by the client's own errors and/or omissions or by a Force Majure.
5. CLIENT'S COVENANTS
5.1 The client is responsible for implementing sufficient procedures and checkpoints to satisfy it's requirements for accuracy and security of data and access codes. Although FatGalah routinely backs up it's client data, the client is also responsible for maintaining a means external to FatGalah for archiving any data critical to the client.
5.2 The client agrees to protect and treat as confidential all passwords, user names, and proprietary information provided by FatGalah for access to FatGalah's systems. Sharing of names/accounts is expressly forbidden. If the client believes their user name or password has been compromised, immediate email or written notification must be provided to FatGalah. FatGalah will change the client's passwords and user names as soon as possible. The client will be held responsible for all acts/communications initiated or authorized by its user name.
5.3 The client also authorises FatGalah to place a discreet link back to fatgalah.com.au on the client's website in the form of "Development by FatGalah" and/or "Powered by FatGalah".
5.4 FatGalah's Internet Services may only be used for lawful purposes. Transmission or storage by the client of any material in violation of any Commonwealth or Queensland state law or regulation is prohibited. This includes but is not limited to, copyright material, material legally judged to be threatening or obscene or material protected by trade secret. The client agrees to indemnify and hold harmless FatGalah, from any claims resulting from the client's use of the website. Any access to other networks or systems through FatGalah's Internet Service must comply with the applicable rules of that service.
6. DISCLAIMER
6.1 FatGalah specifically denies any responsibility for the accuracy or quality of information obtained through its services or associated sites. Use of any information obtained by FatGalah is at the client's own risk. FatGalah will not be responsible for the reconstruction of any lost data, outside of that provided by and required for the operation of FatGalah itself.
6.2 FatGalah will not be responsible for service interruptions beyond it's control, including but not limited to acts of nature, service interruptions by its providers, or modifications to the client's system by the client or a third party.
6.3 FatGalah will not monitor or regulate the content of information or data passing through or temporarily stored on it's system, except under Court order or where reasonable suspicion of a legal violation exists.
6.4 FatGalah reserves the right to discontinue all or any part of the provided service at any time for any reason upon the giving of notice to the client to this effect.
6.5 FatGalah will make a reasonable effort to respond to requests for support, however, technical support is not implied under the terms of this agreement.
7. ENTIRE AGREEMENT
These terms and conditions represent the entire agreement between you, the client, and FatGalah. These terms and conditions shall be governed and interpreted in accordance with the laws of the State of Queensland.
8. NOTICES
Any notices required to be given hereunder shall be in writing and shall be sufficiently served if sent by registered letter or by e-mail addressed by either party to the other of them at their respective addresses specified above or any subsequent address notified by either party to the other.
We may change the terms and conditions of this Agreement at any time. Details of our current terms are available here on our website at https://fatgalah.com.au/terms-conditions