Acknowlegement of Terms

MYSTICS WEBSITE DESIGN SERVICE AGREEMENT - TERMS AND CONDITIONS
This Service Agreement (the "Agreement") is made between Mystics Website Design (ABN 56 391 143 266) (“Mystics”), and the party identified in the signature section of the Agreement as Client ("Client"). For good and valuable consideration, Mystics and Client agree as follows:

1. DEFINITION OF TERMS
MYSTICS – Melanie Henry, 8 Alexander Avenue, Kiama Downs trading as MYSTICS WEBSITE DESIGN, having its principal place of business at the above address, aforesaid
The Client - the entity which enters into a contract with MYSTICS.
Domain Name - the root address of a website, e.g. www.webaddress.com. All such names must be registered with the appropriate naming authority, which will usually charge a fee.
Downtime - time when the website is not accessible via the Internet. This may be because of a technical failure of the Host or because work is being carried out on the site.
Host - the company on whose system the Website physically resides.
Link, Hyperlink - a 'clickable' link embedded on a web page which may take the form of a graphic or text.
Search Engine - a website which contains a directory of websites on the Internet enabling users to find websites by subject matter classification.
Website - a collection of web pages and associated code which forms an integrated presence.
The Work - the subject matter of the contract between the Client and MYSTICS.

2. FEES
2.1 Fee Payable
A non refundable deposit of 30% of the total fee payable under the contract is due immediately upon the signing of the contract. The remaining 70% shall become due when the Work is completed to the reasonable satisfaction of the Client but subject to the terms of Clause 4.3 Approval of Work and Clause 4.4 Rejected Work hereof. MYSTICS reserves the right not to begin the Work until the said deposit has been paid in full. The fee quoted in the contract does not include the cost of domain registration, hosting set up fee or hosting.

2.2 Maintenance Fees
Maintenance, if included in the contract, is for a minimum of 3 months and will then continue on a month to month basis. Cancellation of maintenance plans should be requested via email.

3. DISCLAIMERS
3.1 Third Parties
MYSTICS can take no responsibility for services provided by third parties through us or otherwise, including the Hosting of the Client's Website, although MYSTICS will endeavour to ensure that Website downtime is kept to a minimum.

3.2 Maintenance and Correction of Errors
MYSTICS takes no responsibility for the functionality or maintenance (unless a maintenance contract is in place) of the Website after the Work has been completed. Errors (both technical and typographical) attributable to MYSTICS will be corrected free of charge, but MYSTICS reserves the right to charge a reasonable fee for correction of errors for which MYSTICS is not responsible, including, but not limited to malicious modification of the Website by a third party and typographical errors contained in materials provided to MYSTICS by the Client.


3.3 Extent of Work
Installation on the Internet is limited to the uploading of all necessary files to the Host, and testing of functionality. No registration of the Website with Search Engines will be undertaken unless otherwise agreed with the Client.

3.4 Consequential Loss
Under no circumstances will MYSTICS be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of its software. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure.

3.5 Status and Duration of Offers
Proposals and offers are valid for a period of one month from the date issued. MYSTICS is not bound to honour offers that have expired. Offers are not legally binding until an acceptable timetable for the work has been agreed by both parties. This timetable must be agreed within the month that the offer is valid. If an acceptable timetable has not been approved by both parties within one month of the offer being made, the offer is deemed to have expired.

3.6 Search Engine Listings
MYSTICS does not guarantee listings on Search Engines and the Client accepts that it is Search Engines and not MYSTICS who determine whom they list and whom they will not. The Client further understands there is no guaranteed placement or rank on the Search Engines and that a new website may never even appear on Search Engines at all. MYSTICS does not control Search Engines’ algorithms and huge shifts can appear daily, weekly and even hourly.

4. COMPLETION OF WORK AND PAYMENT
4.1 Completion of Work
MYSTICS warrants completing the Work in accordance with its Standard Terms and Conditions to the specifications previously agreed with the Client. MYSTICS will not charge more than the amount previously agreed unless the Client has varied the specifications of the Work since the agreement. MYSTICS will not undertake changes to the specifications of the Work which would increase the cost, without prior written authorisation from the Client.

4.2 Supply of Materials
The Client is to supply all materials and information required for MYSTICS to complete the Work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the Client's failure to supply such materials leads to a delay in completion of the work, MYSTICS has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount. Where the Client's failure to supply materials prevents progress on the Work for more than 21 days, MYSTICS has the right to invoice the Client for any part or parts of the Work already completed.

4.3 Approval of Work
On completion of the Work, the Client will be notified and have the opportunity to review it. The Client should notify MYSTICS, in writing, of any unsatisfactory points within 7 days of receipt of such notification. Any of the Work which has not been reported in writing to MYSTICS as unsatisfactory within the 7 day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and the 70% balancing payment under Clause 2.1 Fee Payable will become due. The Contract will remain in effect until all obligations have been completed in terms of this Clause.



4.4 Rejected Work
If the Client rejects the Work within the 7 day review period, or will not approve subsequent Work performed by MYSTICS to remedy any points reported by the Client as unsatisfactory, and MYSTICS considers that the Client is unreasonable in his repeated rejection of the Work, the contract will be deemed to have expired and MYSTICS can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment.

4.5 Payment
Upon completion of 7 day review period, MYSTICS will invoice the Client for the 70% balancing payment in accordance with Clause 2.1 Fee Payable hereof, which, in the absence of agreement to the contrary, is to be paid by the Client within 7 days of the date that the invoice was issued.

4.6 Remedies for Overdue Payment
If payment has not been received by the due date, MYSTICS has the right to suspend ongoing work for Client, until such time that full payment of the outstanding balance has been received. If full payment has still not been received 21 days after the due date, MYSTICS has the right to apply a late payment fee of $30 as well as replace, modify or remove the Website and revoke the Client's licence of the Work until full payment has been received. By revoking the Client's licence of the Work or removing the web site from the Internet, MYSTICS does not remove the Client's obligation to pay any outstanding monies owing.

5. INTELLECTUAL PROPERTY
5.1 Offers and Proposals
Offers and proposals made by MYSTICS to potential clients should be treated as trade secrets and remain the property of MYSTICS. Such offers and proposals or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorization from MYSTICS. This includes, but is not limited to, technical features, functionality, aspects of the design and pricing information.

5.2 Warranty by Client as to Ownership of Intellectual Property Rights
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to MYSTICS for inclusion on the Website. The conclusion of a contract between MYSTICS and the Client shall be regarded as a guarantee by the Client to MYSTICS that all such permissions and authorities have been obtained and that the inclusion of such material on the Website would not constitute a criminal offence or civil delict. By agreeing to these terms and conditions, the Client removes the legal responsibility of MYSTICS and indemnifies the same from any claims or legal actions however related to the content of the Client's site.

5.3 Domain Name
Any Domain Name obtained will belong to the Client. The Client agrees to indemnify MYSTICS, including any incidental costs, against any claims that a Domain Name applied for, or obtained, violates the intellectual property rights of a third party. The Client warrants that the domain name sought is not a trademark of a third party.

5.4 Licensing
Once MYSTICS has received full payment of all outstanding invoices and the Work has been approved by the Client in accordance with Clause 4.3 hereof, the Client will be granted a licence to use the Website and its contents.


5.5 Trade Secrets
Any code that is not freely accessible to third parties and not in the public domain, and to which MYSTICS or their suppliers owns the copyright, may not be copied, published, distributed or passed to any third parties in any form without prior written consent from MYSTICS. Unless previously agreed otherwise in writing, no modifications may be made by the Client or any third party to code to which MYSTICS or their suppliers owns the copyright. MYSTICS acknowledges the intellectual property rights of the Client. Information passed in written form to MYSTICS, and that the Client has indicated is confidential or a trade secret, will not be published or made available in any other way to third parties without the prior written consent of the Client.

6. RIGHTS AND RESPONSIBILITIES
6.1 Right to Terminate
MYSTICS reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable.

6.2 Events Beyond the Control of MYSTICS
MYSTICS will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of MYSTICS.

6.3 Supply and Pricing of Services
MYSTICS reserves the right to use whoever it feels appropriate at the time for third party software and services, and to alter its prices as necessary without prior notice and without affecting existing contractual pricing agreements.

7. INTERPRETATION
7.1 Jurisdiction
This Agreement shall be governed by the laws of Australia which shall claim venue and jurisdiction for any legal action or claim arising from the contract between MYSTICS and the Client. The said contract is void where prohibited by law.

7.2 Survival of Contract
Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

7.3 Change of Terms and Conditions
MYSTICS reserves the right to change these terms and conditions from time to time.

Standard Terms and Conditions v5 – 19th February 2021

MAINTENANCE PLAN CONTRACT AGREEMENT
The Maintenance Plan is a month-to-month contract for Mystics to provide ongoing services for your website. Ongoing maintenance of your website for backups, updates, licenses, support, security and any edits is crucial to your website’s success. Due to the nature of technology and content management systems, monitoring these aspects is a necessity.
Cancel any time– everything is month to month (but you do pre-pay each month’s service).

What does the Maintenance Plan cover?
Security. Like any software, your website could be vulnerable to hackers and viruses. Our premium security platforms help protect your site against attacks that can infect destroy your website. This paired with off-site backups is the best plan you can have in place to ensure your website is secure.
Website & Database Backups. Included in the maintenance plan are scheduled backups - so you never lose a thing. Technology is fickle some times, but should anything go wrong, we can have your site back up and running in minutes.
Software Updates. Most content management systems (CMS), especially open-sourced software like WordPress, are frequently updated for functionality and security. While these updates happen sporadically, Mystics will download and install updates once a month (excluding crucial security updates, which will be installed as they become available). Updates will include any 3rd party plugins, software or applications.
Licenses. Your site likely uses 3rd party plugins that are licensed to Mystics Website Design via a GPL license which allows us to use our license on your site. With our maintenance plan you can retain the use of our license to ensure all updates to any of our roster of plugins. If you choose to forgo the maintenance plan, the licenses for these plugins will be removed from your website but you will retain the functionality of the plugins up to the date the license was removed. You can acquire your own license for any of these plugins. For more information on what plugins you have and where they can be purchased, please email info@mysticswebsitedesign.com.au. It’s possible not ALL of your licenses will be covered under your maintenance plan. If Mystics Website Design has purchased a license that is for your use only we will inform you of what the renewal fees will be (otherwise assume we have it all covered!).
Analytics. Our maintenance plan members will receive access to a Google Analytics dashboard. Google Analytics allow you to track the usage of your website including visits, page views, demographics, traffic acquisition, and much more.
Maintenance. It is likely that as time goes by you will want to make changes to your website. Mystics hourly rate to make changes is $80.00 per hour. Depending on your plan, maintenance plan members may receive a block of time for website edits every month. This could include copy change, edits to photographs, or any other website change that can be done in within your plans timeframe or less. Any request that goes beyond the plans timeframe will be billed at a discounted hourly rate of $70 per hour.

What the Maintenance plan Plan does NOT cover.
Any edit your page that requires more than your plans allocated timeframe. Maintenance plan members receive a discounted hourly rate of $70 per hour for any work that takes longer than the allocated timeframe.
The Maintenance plan do not include any graphic design. Any creation of ads, flyers, logos or graphics will be billed at our hourly rate of $80.00 per hour.
The Maintenance plan does not cover any social media management, directory listings (such as Google, Yahoo, Yelp, etc).
Domain registration is not included in your Maintenance plan package. Domains are typically registered annually. We can handle that fee and registration for you, but you will be billed accordingly.
Ongoing Search Engine Optimization monitoring and strategy.
If your website hacked beyond the length of backups we have to restore a safe copy, we will work with you to find a company to remove any viruses—but we will not be held liable to any damages or responsible to pay for virus removal.

Payment Agreement
Your Maintenance plan invoice will be automatically issued on the same day every month. The invoice due upon receipt. After 15 days of non-payment you will receive a notice of past-due invoice. After 30 days your maintenance plan will be inactive and all premium plugins disabled you will then have an additional 30 days to ask for a backup of your site. In order to restore the maintenance plan you will have to get current on all bills, and setup automatic drafts for each month’s bill. After 90 days late payment you will no longer be eligible for the Maintenance plan and we will not be required to provide you with a backup of your site. You can request a backup at any time.

Termination of Services
Your Maintenance plan enrolment is a month-to-month agreement, in the event that you terminate services please notify us in writing with one (1) months notice. Your site will lose website security, plugin/software licenses, and your website will no longer receive any backups, updates, or monitoring from Mystics Website Design. If at any point in the future you want to resume your Maintenance plan you will be quoted with our current rate(s) and you will be assessed a $75 activation fee to resume services.