Terms and Conditions
Last updated: June, 2017
The following terms and conditions (Terms) apply to all Agreements entered into with Montie and all Services provided by Montie ABN 262 737 92713.
By using the Services, You agree to be legally bound by these Terms. In these Terms “we”, “us: and “our” refers to Montie.
1. Terms and Conditions
1.1 You agree and continue to agree to use the Services in a manner consistent with all applicable laws and regulations and in accordance with these Terms.
1.2 You must comply with these Terms at all times in your use of the Services. You agree to use the Services only for lawful purposes. You are prohibited from posting on or transmitting through the Services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state or national law.
1.3 We may elect to electronically monitor the Services for adherence to these Terms and may disclose to the extent permitted by law any content, records or electronic communication of any kind (i) to satisfy any law, regulation or authorised governmental request, (ii) if such disclosure is necessary to operate the Services, or (iii) to protect the rights or property of Monite or its partners.
2. Payment Terms, Taxes, and Cancellations
2.1 All quoted prices are in Australian dollars and exclude GST unless otherwise noted.
2.2 You agree that You will pay for all products selected in your account and that Montie may charge you for any additional amounts (including taxes and late fees, as applicable) that may be accrued in connection to your account. Your total price will be the price of the product(s) selected in your account and any applicable taxes based on the billing address provided.
2.3 You agree to pay a $198 deposit prior to Montie commencing work on your product(s). This amount is non refundable.
2.4 Products will not be delivered until final payment has been received in full. You are responsible for the timely payment of your final invoice. Failure to do so within 14 days of your invoice date may result in a late fee of 5% of the total order per month.
2.5 You acknowledge and agree that payments may be processed by a third party by credit card or debit payments and you provide your credit card or bank account details for this purpose and authorise us to make these payments.
2.6 If You wish to cancel this job before or after completion, or You do not comply with our website design terms, You will forgo your initial deposit.
4.1 Montie Website Design
4.1.1 Once You have submitted your information to Montie, we will begin putting together your website. Failure to provide required content or other items during your submission will result in those items being excluded from your final website.
4.1.2 Your website will be presented to you before payment is required. The number of edits or adjustments You require should not exceed a total of 5 requests. This number can be varied at the discretion of Montie and will be evaluated on a case by case basis.
4.1.3 After the launch of a website, the client is responsible for backing up, and updating their website on a regular basis. In the event that your website goes down, we are not responsible for bringing the site back online. This is the responsibility of your host provider.
4.1.4 Montie is not responsible for functionality or performance specific to your website hosting.
4.2 DNS propagation
4.2.1 In cases where You request Montie to change your DNS settings, we are not responsible for any downtime or performance issues.
4.3 Search Engine Optimisation (SEO)
4.3.1 Montie has optimised its templates as per best practise techniques used in the industry. These techniques have been passed onto your website upon purchase.
4.3.2 You agree and understand that SEO does not provide any guaranteed results and that results can vary based on your website history, industry and many more factors. You agree to release us and any employee, owner, or director of Montie from being liable for any damages, cost, or loss of business due to any incidents and/or issues relating to any search engine’s actions.
4.3.3 You agree and understand that SEO practices become out of date and Montie is not responsible for keeping your website SEO current.
4.3.4 You understand any changes made to your website after design completion may affect website SEO and Montie is not liable for any damages, cost, or loss of business due to any incidents and/or issues relating to any search engine’s actions.
4.3.5 You agree and understand that the initial keywords specified in your Montie submission have been used on your website and can not be changed. If you want to alter your SEO keywords after your initial selection of the keywords, Montie will charge you additional fees.
4.4 Website Content Maintenance
4.4.1 Any website maintenance or requested changes after completion of your Montie website including content updates is charged at our then current hourly rates with a one (1) hour minimum.
5.1 Notwithstanding the security precautions taken against disclosure of information, there are certain conditions that exist on the Internet generally which are outside Montie’s control and could result in a breach of security. You hereby expressly waive any claim against Montie arising out of the loss of data through corruption, piracy, and breach of security or for any other reason.
6. Liability and Indemnification
6.1 To the maximum extent allowed by law, Montie and any of its parents, members, subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how they arose, including negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the Services. Further, Montie will not have any liability for any losses arising because its Services are not operational or accessible.
6.2 You will at all times indemnify and hold harmless Montie and its officers, employees and agents (those indemnified) from and against any loss (including legal costs and expenses) or liability incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such loss or liability was caused by:
(a) a breach by you of your obligations under the Agreement or these Terms;
(b) any misuse of the Services by you or any of your customers or any third party related to you;
(c) any wilful, unlawful or negligent act or omission of you, or
(d) any infringement by you of any third party’s intellectual property rights.
6.3 Each indemnity under these Terms is a continuing indemnity and will constitute a separate and independent obligation of you from your other obligations under the Agreement or these Terms and will survive the completion and termination of the Agreement.
7.1 Copyright in the Montie website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorized by these terms and conditions, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
(b) commercialise any information, products or services obtained from any part of this website without our written permission.
8. Website Links
8.1 Some of our Services may contain links to other websites (“linked websites”) which are not owned or operated by Montie. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or the terms and conditions and privacy practices associated with linked websites.
8.2 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.