1.1 – “Hopping Mad” shall mean Hopping Mad Designs Pty Ltd its successors and assigns or any person acting on behalf of and with the authority of Hopping Mad Designs Pty Ltd.
1.1a – SEO Sydney Experts shall mean SEO Sydney Experts Pty Ltd its successors and assigns or any person acting on behalf of and with the authority of SEO Sydney Experts Pty Ltd.
1.2 – “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by the Hopping Mad to the Client.
1.3 – “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.
1.4 – “Goods” shall mean Goods supplied by the Hopping Mad or SEO Sydney to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Hopping Mad to the Client.
1.5 – “Services” shall mean all Services supplied by the Hopping Mad to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.6 – “Price” shall mean the price payable for the Goods as agreed between the Hopping Mad and the Client in accordance with clause 3 of this contract.
2.1- Any instructions received by the Hopping Mad from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by the Hopping Mad shall constitute acceptance of the terms and conditions contained herein.
2.2 – Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
2.3 – Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of the Hopping Mad.
2.4 – The Client shall give the Hopping Mad not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by the Hopping Mad as a result of the Client’s failure to comply with this clause.
3. Price And Payment
3.1 – At the Hopping Mad’s sole discretion the Price shall be either:
(a) as indicated on invoices provided by the Hopping Mad to the Client in respect of Goods supplied; or
(b) the Hopping Mad’s quoted Price (subject to clause 3.2) which shall be binding upon the Hopping Mad provided that the Client shall accept the Hopping Mad’s quotation in writing within thirty (30) days.
3.2 – The Hopping Mad reserves the right to change the Price in the event of a variation to the Hopping Mad’s quotation.
3.3 – At the Hopping Mad’s sole discretion a deposit may be required.
3.4 – At the Hopping Mad’s sole discretion:
(a) payment shall be due on delivery of the Goods; or
(b) payment for approved Clients shall be made by installments in accordance with the Hopping Mad’s payment schedule.
3.5 – Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
3.6 – Payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Client and the Hopping Mad.
3.7- GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4. Delivery Of Goods
4.1 – At the Hopping Mad’s sole discretion delivery of the Goods shall take place when:
(a) the Client takes possession of the Goods at the Hopping Mad’s address; or
(b) the Client takes possession of the Goods at the Client’s nominated address (in the event that the Goods are delivered by the Hopping Mad or the Hopping Mad’s nominated carrier).
4.2- At the Hopping Mad’s sole discretion the costs of delivery are:
(a) in addition to the Price; or
(b) for the Client’s account.
4.3 – The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then the Hopping Mad shall be entitled to charge a reasonable fee for redelivery.
4.4 – Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
4.5 – The failure of the Hopping Mad to deliver shall not entitle either party to treat this contract as repudiated.
4.6 – The Hopping Mad shall not be liable for any loss or damage whatever due to failure by the Hopping Mad to deliver the Goods (or any of them) promptly or at all.
5. Content Of Web Pages And Undertakings
5.1 – The Client is solely responsible for the content of the web page. The Hopping Mad is not responsible for proofreading any content unless specifically agreed in writing. Any spelling errors wil be the sole responsibility of the client.
5.2 – The Hopping Mad makes no representations to the Client on the functionality or content of the Web site.
5.3 – The Client is solely responsible for dealings with persons accessing the data or web page and the Client warrants that they will not refer complaints or inquiries to such data to the Hopping Mad.
6. Web Hosting
6.1- If the Client selects to organise their own web hosting arrangements, final exported sites will be uploaded to your preferred host company or supplied on disc as per the quoted price. Construction files of the site can supplied on request and at the Hopping Mad’s sole discretion may incur a fee.
6.2- The Hopping Mad accepts no responsibility for down times, delays, breakdowns or data loss caused by Internet Service Providers.
7.1- If the Hopping Mad retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.
8.1 – The Hopping Mad and Client agree that ownership of the Goods shall not pass until:
(a) the Client has paid the Hopping Mad all amounts owing for the particular Goods; and
(b) the Client has met all other obligations due by the Client to the Hopping Mad in respect of all contracts between the Hopping Mad and the Client.
8.2 – Receipt by the Hopping Mad of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Hopping Mad’s ownership or rights in respect of the Goods shall continue.
8.3 – It is further agreed that:
(a) where practicable the Goods shall be kept separate and identifiable until the Hopping Mad shall have received payment and all other obligations of the Client are met; and
(b) until such time as ownership of the Goods shall pass from the Hopping Mad to the Client the Hopping Mad may give notice in writing to the Client to return the Goods or any of them to the Hopping Mad. Upon such notice the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and
(c) the Hopping Mad shall have the right of stopping the Goods in transit whether or not delivery has been made; and
(d) if the Client fails to return the Goods to the Hopping Mad then the Hopping Mad or the Hopping Mad’s agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods are situated and take possession of the Goods; and
(e) the Client is only a bailee of the Goods and until such time as the Hopping Mad has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the Goods on trust for the Hopping Mad; and
(f) the Client shall not deal with the money of the Hopping Mad in any way which may be adverse to the Hopping Mad; and
(g) the Client shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Hopping Mad; and
(h) the Hopping Mad can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and
(i) until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that the Hopping Mad will be the owner of the end products.
9. Client’s Disclaimer
9.1- The Client hereby disclaims any right to rescind, or cancel any contract with the Hopping Mad or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by the Hopping Mad and the Client acknowledges that the Goods are bought relying solely upon the Client’s skill and judgement.
10.1- The Client shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify the Hopping Mad of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford the Hopping Mad an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Hopping Mad has agreed in writing that the Client is entitled to reject, the Hopping Mad’s liability is limited to either (at the Hopping Mad’s discretion) replacing the Goods or repairing the Goods. Where the Client is a consumer as defined in the Trade Practices Act 1974 or the Fair Trading Acts, then the Client shall be entitled to either a refund, repair or replacement of the Goods.
10.2- Goods will not be accepted for return other than in accordance with 10.1 above.
11. The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair Trading Acts (“FTA”)
11.1- Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
12.1- Subject to the conditions of warranty set out in clause
12.2 the Hopping Mad warrants that if any defect in any workmanship of the web site provided by the Hopping Mad becomes apparent and is reported to the Hopping Mad within one (1) months of the date of delivery (time being of the essence) then the Hopping Mad will either (at the Hopping Mad’s sole discretion) replace or remedy the workmanship.
12.2- The conditions applicable to the warranty given by clause are:
(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of the Client to properly maintain any Goods; or
(i) failure on the part of the Client to properly maintain (ii) failure on the part of the Client to follow any instructions or guidelines provided by the Hopping Mad; or
(iii) any use of any Goods otherwise than for any application specified on a quote or order form; or
(iv) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) fair wear and tear, any accident or act of God.
(b) the warranty shall cease and the Hopping Mad shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Hopping Mad’s consent.
(c) in respect of all claims the Hopping Mad shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim.
13. Intellectual Property
13.1 – Where photos are purchased by Hopping Mad from a third party for the use for either print or web it is the responsibility of the client to alert Hopping Mad when the license falls due/expires and they are responsible for renewing this license and all fees associated with this renewal whether past or future. Hopping Mad takes no responsibility for renewal of these images once they have expired.
13.2 – The Client warrants that all designs or instructions to the Hopping Mad will not cause the Hopping Mad to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify the Hopping Mad against any action taken by a third party against the Hopping Mad in respect of any such infringement.
13.3 – The Client warrants that all designs or instructions to the Hopping Mad will not cause the Hopping Mad to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify the Hopping Mad against any action taken by a third party against the Hopping Mad in respect of any such infringement.
14. Default & Consequences of Default
14.1 – Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgement.
14.2- If the Client defaults in payment of any invoice when due, the Client shall indemnify the Hopping Mad from and against all costs and disbursements incurred by the Hopping Mad in pursuing the debt including legal costs on a solicitor and own client basis and the Hopping Mad’s collection agency costs.
14.3 – Without prejudice to any other remedies the Hopping Mad may have, if at any time the Client is in breach of any obligation (including those relating to payment), the Hopping Mad may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. The Hopping Mad will not be liable to the Client for any loss or damage the Client suffers because the Hopping Mad has exercised its rights under this clause.
14.4 – If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10.00%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
14.5 – Without prejudice to the Hopping Mad’s other remedies at law the Hopping Mad shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Hopping Mad shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to the Hopping Mad becomes overdue, or in the Hopping Mad’s opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
14.6 – Hopping Mad Designs retains the right to add a link on any website it designs and builds with its wording at Hopping Mad’s discretion with the link back to the Hopping Mad home page.
15. Security And Charge
15.1 – Despite anything to the contrary contained herein or any other rights which the Hopping Mad may have howsoever:
(a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Hopping Mad or the Hopping Mad’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that the Hopping Mad (or the Hopping Mad’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) should the Hopping Mad elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify the Hopping Mad from and against all the Hopping Mad’s costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Hopping Mad or the Hopping Mad’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.
16. Suspension Of Services
16.1 – The Hopping Mad reserves the right to suspend services in any case where the Client fails to perform their obligations under this and any associated agreements, including but not limited to the suspension of the Client’s websites.
17.1 – Hopping Mad Designs may discontinue services if an amount payable to Hopping Mad Designs is overdue or take down a website permanently in any case where an amount payable is overdue by more than 7 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties. Furthermore, Hopping Mad Designs will not refund ( in part or in whole) any deposits received for the commencement of work, under any circumstances unless agreed firstly in writing by Hopping Mad Designs. Hopping Mad Designs reserves the right to keep all funds from the deposit if work on a job has commenced and is terminated by either party. Hopping Mad Designs shall not be liable for any loss or damage whatever arising from such cancellation.
17.2 – In the event that the Client cancels delivery of Goods the Client shall be liable for any loss incurred by the Hopping Mad (including, but not limited to, any loss of profits) up to the time of cancellation.
18. Privacy Act 1988
18.1 – The Client and/or the Guarantor/s agree for the Hopping Mad to obtain from a credit reporting agency a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by the Hopping Mad.
18.2 – The Client and/or the Guarantor/s agree that the Hopping Mad may exchange information about the Client and the Guarantor/s with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the credit worthiness of Client and/or Guarantor/s.
18.3 – The Client consents to the Hopping Mad being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
18.4 – The Client agrees that personal credit information provided may be used and retained by the Hopping Mad for the following purposes and for other purposes as shall be agreed between the Client and Hopping Mad or required by law from time to time:
(a) provision of Goods; and/or
(b) marketing of Goods by the Hopping Mad, its agents or distributors in relation to the Goods; and/or
(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Goods; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and/or
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.
18.5 – The Hopping Mad may give information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client; and/or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
19.1 – If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
19.2 – These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
19.3 – The Hopping Mad shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Hopping Mad of these terms and conditions.
19.4 – In the event of any breach of this contract by the Hopping Mad the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
19.5 – The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by the Hopping Mad.
19.6 – The Hopping Mad may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
19.7 – The Hopping Mad reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Hopping Mad notifies the Client of such change.
19.8 – Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
19.9 – The failure by the Hopping Mad to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Hopping Mad’s right to subsequently enforce that provision.
19.10 – All prices quoted are valid for 30 days only from the date of written quotation.
19.11 – If Hopping Mad Designs does not receive your design brief within a 1 month period from the date of your order and deposit, your account will be suspended. Reopening your account will incur a $500 + GST administration fee. If your account remains suspended for 3 months, your account will be closed completely and all money paid and work ordered will be forfeited.
19.12 – During the design + development phase of your project, if you do not sign off your design within a 1 month period, Hopping Mad Designs reserves the right to suspend your account. Reopening your account will incur a $500 + GST administration fee.
19.13 – If the client has made no contact with the Hopping Mad Designs office for a period of more than 1 month after the project and or any design work has commenced, Hopping Mad Designs reserves the right to requote the entire project.
19.14 – If any project exceeds a period of more than 6 months, Hopping Mad Designs reserves the right to terminate the project at its own discretion, without any refunds being paid to the client.
19.15 – Under no circumstances, including negligence shall Hopping Mad Designs, its officers, agents or anyone else involved in creating, producing Hopping Mad Designs services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Hopping Mad Designs website services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or servcies. Hopping Mad Designs is NOT liable for any lost business or revenue the client may have lost due to Hopping Mad Designs developing and producing the clients website.
20. The use of Hopping Mad Designs or Seo Sydney Experts SEO services.
The Customer acknowledges that Hopping Mad Designs makes no warranty that search engine optimisation will lead to or improve any increase in sales, profits or any other form of improvement for the Customer’s business or any other purpose.
The client acknowledges that Hopping Mad Designs is not responsible for the clients rankings whilst SEO is being performed and if Hopping Mad Designs ceases to do any SEO work for the client, the client acknowledges that Hopping Mad Designs is not responsible for the clients rankings.
While Google’s results are displayed on other search engines, Hopping Mad Designs Services are aimed at increasing visibility and boosting traffic from Google. Google does change its algorithm and Hopping Mad Designs are not responsible for the client’s rankings due to this algorithm change. Hopping Mad Designs will endeavour to maintain clients Google rankings, but the client acknowledges that Hopping Mad Designs is not liable for any loss of business due to ranking fluctuations caused by Google algorithm changes. Plus if client has had any previous SEO work carried out on their website by another SEO company, Hopping Mad Designs is not responsible for the client’s ranking fluctuations that may have been caused by this previous SEO work.
To the fullest extent permissible by law, Hopping Mad Designs shall not be liable to the Customer 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 whether arising from the negligence of hopping mad designs or otherwise
Where liability cannot be legally excluded, the liability of Hopping Mad Designs shall be limited to the cost of supplying the service again.
The Customer agrees to indemnify Hopping Mad Designs for any third party claim for damages arising out of or in any way connected with the supply of services by Hopping Mad Designs to the Customer, 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 whether arising from the negligence of hopping mad designs or otherwise
The Customer expressly agree to indemnify and hold harmless Hopping Mad Designs, its subsidiaries, affiliates, officers, agents and other partners and its and their respective employees from and against all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys fees and disbursements and court costs) arising from or in connection with the Customer’s information, the Customer’s use of Hopping Mad Designs search engine optimisation services.
Hopping Mad Designs does not refund any money received from clients for any past SEO work that Hopping Mad Designs or SEO Sydney Experts have been asked to carry out. All monies received by Hopping Mad Designs or SEO Sydney Experts for any SEO work will not be refunded at any stage even if the client cancels the SEO service. If the client hands over his/her credit card details for any SEO work, the client must notify in writing to Hopping Mad Designs to stop all SEO work. By handing over the credit card details the client authorises Hopping Mad Designs to continue the monthly SEO campaign without having to notify or report to the client at any stage during the campaign. Hopping Mad Designs DOES not have to provide monthly invoices to the client for this work. Hopping Mad Designs will continue to deduct the original fee each month for the SEO wortk, unless otherwise instructed to by the client. 60 days notice in writing is required for Hopping Mad Designs to stop all SEO work. The client by paying the first instalment agrees that Hopping Mad Designs can continue with the SEO on a continuous monthly basis. Hopping Mad Designs or SEO Sydney Experts reserves the right to delete any links they have built during the SEO campaign for the client after the SEO agreement has terminated between Hopping Mad Designs or SEO Sydney Experts and the client. The client cannot request that these links remain permanent. They remain active only at the discretion of Hopping Mad Designs and SEO Sydney Experts. Rental links which is part of the SEO campaign will be removed if the campaign ceases.
Client agrees to pay Hopping Mad Designs the SEO Product Fees as set out in the Quote. If the client wishes to terminate the SEO services as provided by Hopping Mad Designs, this must be done in writing and 60 days notice is required. All links remain the intellectual property of Hopping Mad Designs and can be removed at the sole discretion of Hopping Mad Designs at the end of the campaign. No refunds at any circumstances will be provided by Hopping Mad Designs at any point in time for any SEO work carried out. The client does not own any of the links created for the SEO campaign. The client acknowledges that Hopping Mad Designs has performed the SEO work unconditionally and understands fully that no refunds will be given under any circumstances for any SEO work carried out – the client understands that Hopping Mad Designs may have to rent links in order to rank a website as part of the SEO strategy and these links can and will disappear if the SEO campaign is terminated – the client understands that they cannot request that these rental links be replaced if the SEO contract is terminated.
The Customer acknowledges that:
20a) Google algorithms will change from time-to-time, which may affect the clients websites rankings in the search engine results pages, and Hopping Mad Designs and SEO Sydney Experts has no control over such changes;
20b) it can take many months for the Organic search to have any significant effects upon the ranking of a website in the search engine results pages;
20c) Link Building is an on going task and, should the client terminate their agreement with Hopping Mad Designs or SEO Sydney Experts, that would be likely to have a negative impact upon the effects of the services provided to the client by Hopping Mad Designs or SEO Sydney Experts;
20d) Hopping Mad Designs or SEO Sydney Experts will not be responsible for any alterations to the website made by the client or any third party that reverse or effect changes made to the website by Hopping Mad Designs or SEO Sydney Experts as part of that service;
20e) not with standing the services, the websites search engine result page rankings and traffic levels may decrease as well as increase.
20f) Hopping Mad Designs or SEO Sydney Experts does not warrant that any particular results will be achieved through the SEO. Where Hopping Mad Designs or SEO Sydney Experts indicates specific targets that it will attempt to meet through the provision of it’s SEO services, such targets are not warranted and a failure to meet such targets will not be a breach of the agreement.
20g) If the client has paid the monthly SEO fee by using a their credit card they are NOT PERMITTED to contact their bank to request that these funds paid by the credit card to Hopping Mad Designs or SEO Sydney Experts be refunded. If the bank refunds the monies paid to Hopping Mad Designs or SEO Sydney Experts to the client, the client fully agrees to repay this money to Hopping Mad Designs or SEO Sydney Experts PLUS all expenses out layed by Hopping Mad Designs or SEO Sydney Experts in retreiving this money; all legal fees.
20h) Hopping Mad Designs or SEO Sydney Experts is not liable for any consequence or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, related to it’s SEO Services provided.
20i) The client accepts the risk that the client may experience fluctuating rankings after a period of time through no fault of Hopping Mad Designs or SEO Sydney Experts, for the following reasons, including but nor limited to:
i) competitor companies attempting to outrank the client;
ii) changes in webmaster and content providor algorithms;
iii) previous SEO techniques used by parties other than Hopping Mad Designs or SEO Sydney Experts; and
iv) ‘Black Hat’ techniques previously used by the client or any third parties.
21.Client Responsibilities and Obligations:
You must follow all instructions provided by Hopping Mad Designs and provide to Hopping Mad Designs, in a timely manner, all information and materials requested by Hopping Mad Designs.
All content must be provided in the format specified by Hopping Mad Designs. Please note that excessive instructions, or links to content on other third party sites for retrieval will not be accepted.
Hopping Mad Designs will request feedback and changes at certain stages of undertaking the process of designing and developing your website. These changes and amends must be sent to Hopping Mad Designs in only one email. Sending excessive or multiple emails may cause important details to be missed and may result in you incurring additional charges.
As soon as your website is uploaded and made live online or handed over to you, any further work or changes will result in you incurring additional costs.
22. Project Timelines:
Hopping Mad Designs will provide you with an estimate that your site can be designed and built.
This time frame is an estimation only.
You must make every effort to follow the instructions provided by Hopping Mad Designs and provide the required information to Hopping Mad Designs in order to facilitate delivery times and correct specifications.
Delays in providing the required information to Hopping Mad Designs may result in delays in product delivery and also may result in you incurring additional charges for administration time.
Hopping Mad Designs will make all reasonable efforts to provide the product by the estimated date but do not accept liability for any costs incurred, loss or damage (including consequential loss or damage) compensation or loss of earnings due to any failure to meet agreed deadlines.
If you require Hopping Mad Designs to make changes to your web site after your site is handed over to you, you will be required to pay for this work at the hourly rate. All work must be paid for upfront and will be quoted for on request.
23. Content + Design Restrictions
Hopping Mad Designs include a set number of rounds of changes during its website design + development phase. Any extra changes required by you may incur additional costs and such extra changes can be purchased during the sales process.
Changes must be submitted in one email and one email of changes (within the scope of the project) is considered one round of changes.
Please ensure that you limit your changes to comply with the agreed specifications. Failure to do this may result in you incurring additional costs.
Hopping Mad Designs may include a link to its own website at the footer of your website and, where such link is so included, you must not take any steps to remove this link. Hopping Mad Designs reserves the right to change any such links from time to time. If you do not want the back-link on your website we will negotiate a fee for the removal of the links.
All prices quoted are valid for 30 days only from the date of written quotation.
24. Suspension of Services:
Hopping Mad Designs reserves the right to suspend/cancel any or all services provided to you, if:–
- You have any outstanding invoices or accounts;
- Your account is in dispute or the subject of a dispute resolution procedure, court order, judgment, finding or determination;
- You fail to comply with any provision of these terms and conditions or any other policy, directive or requirement notified to you by Hopping Mad Designs.
- If you have not paid for the hosting of your website (which Hopping Mad Designs has paid for on your behalf) Hopping Mad Designs reserves the right to terminate your hosting. Hosting will only resume once invoices have been paid. If the customer’s website has been terminated due to cancellation of hosting, Hopping Mad Designs can reinstall the website at a cost of $195 + GST providing the client has a backup of the website.
- Are deemed rude, offensive, abrupt or to staff or directors of Hopping Mad Designs
25. Refund Policy on Website
Once we have commenced work on your project no refund is available on the 50% 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 Hopping Mad Designs, the commencement of wireframes/prototypes by Hopping Mad Designs for your project, the commencement of design concepts by Hopping Mad Designs for your project and other work undertaken by Hopping Mad Designs in relation to your project.
26. Browser Compatibility:
Hopping Mad Designs will make every effort to ensure websites are designed to be viewed by the majority of visitors. WebSites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases. You understand that we cannot guarantee correct functionality with all browser software across different operating systems. If you require the website to comply with other browsers this may not be possible.
27. Viewing Website
Unless otherwise specified your website has been designed to be viewed on a desk top – if you require your website to be iphone, ipad, tablet or android compatible, this will need to be quoted for separately by Hopping Mad Designs.
28. Dispute Resolution
If there is any dispute in the contract we are more than happy for customers to discuss any issues they have with Hopping Mad as a first option before holding them in breach of the contract