Terms of Service

These are the standard terms of service for No Bull Websites and apply to all contracts and work undertaken by No Bull Websites for its clients.

All goods and services are supplied on the terms and conditions set out herein and no addition or variation to these terms and conditions will have any effect unless expressly agreed in writing by No Bull Websites.

Fees & Deposit

A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.

The 50% deposit is only refundable provided all the following conditions are met:

  • We have not commenced work on the site.
  • You request a refund by email within 2 weeks of deposit being made
  • Your request for a refund is not simply because of a change of mind

Furthermore, we are happy to provide you a full refund of your deposit if we cannot (due to unforeseen circumstances) fulfil our obligations to you from this agreement. A purchase order may be accepted in place of the 50% deposit at our sole discretion.

Supply of Materials

You must supply all branding assets and information required to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos, videos, fonts, chosen colours and other printed material. Where there is any delay in supplying these materials, which leads to a delay in the completion of work, we reserve the right to extend any previously agreed deadlines by a reasonable amount.

Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

Variations

We are pleased to offer you the opportunity to revise the website design by providing us feedback via email. Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at the rate of $80.00 per hour to bring the project back on course. This will appear on your invoice as a Change Request and you will be notified of the fee for your approval before the change request development commences.

Change Requests

A “Change Request” is a chargeable event which may occur should you wish to deviate from the agreed project scope. The following will be considered a change request:

  • Major change to website design
  • Change in supplied content
  • Change in agreed amount of work, including pages, posts, products etc.
  • Additional functionality

Approval of Work

On completion of the project, you will be notified and can review it. You must notify me us writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us 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 balance of the project price will become due.

Additional Expenses

You agree to reimburse No Bull Websites for any requested expenses which do not form part of our proposal including but not limited to domain name registration, web hosting or comparable expenses. Should you wish to move your website to a different web hosting service, you will need to obtain licences for any premium software that we have used to build the site, in order to continually receive software updates. See “Moving your Website to Another Web Host”.

Payment

Upon completion of the 7-day review period, we will invoice you for the balance of the project. Payment will be due in 28 days from invoice.

Rejected Work

If you reject any of the work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

Search Engines and SEO

We do not guarantee any specific position in search engine results for your website. We build your website with Search Engine Optimisation in mind and use white hat techniques to ensure it has the best chance. This also ties back to “Supply of Materials” as content provided by yourself majorly affects SERP rankings. Should you engage No Bull Websites to create content and material, we can still not “guarantee” rankings, either immediately or ongoing. Google themselves state, “No one can guarantee a #1 ranking on Google” (Google, 2021. Do you need an SEO. Available at: [ https://developers.google.com/search/docs/beginner/do-i-need-seo?visit_id=637538742894522554-219554162&rd=1.])

Cross Browser Compatibility

By using current versions of well supported content management systems such as “WordPress”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Firefox and Chrome. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

E-Commerce

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify No Bull Websites from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

Website and File Access

By default, No Bull Websites will retain “Admin” access and credentials to access the backend of your website. This is only to protect your website from misconfigurations and edits not made by us and to enhance the level of security on the website. We will happily provide high level access should you wish to post to a blog, manage a store or similar.

Should the site owner request Administrative privileges and make changes to the site which may affect its functionality or layout, including running updates and more, No Bull Websites accepts no responsibility for any problems that may arise as a result. Restoring backups or fixing problems in this instance will be charged at a standard hourly rate.

Website Ownership

No Bull Websites will retain ownership of the website throughout the build process. Once all invoices are paid in full and work is deemed as complete, you will be awarded full ownership of the website.

3rd Party Software

We endeavour to use only 3rd party plugins/scripts or applications that we know are regularly maintained by their respective authors. While we do our best to ensure these plugins are updated, we do not take responsibility for any third party software/apps or plugins or how they impact your site. You will be made aware of all and any of these apps used on your site.

Updates and Maintenance

Ongoing website maintenance is not included within the price of the website build. Should you opt for one of No Bull Websites Maintenance plans, we will look after the maintenance. Content and design updates will be chargeable at $80ph unless included in one of the higher level maintenance packages.

Should you move to a separate web host or opt for one of our Linux packages, website maintenance will become the responsibility of the website owner once the project is deemed to be complete and invoice served. This includes maintenance, security patches, theme updates, WordPress updates, plugin updates, PHP updates, SQL updates, server updates and anything else reasonably deemed to be maintenance. Updates, additions, or changes of content will be considered as separate jobs and will need to be invoiced accordingly.

We can perform this work on an ad hoc basis at a cost of $80ph but offer no warranty on websites or works completed for websites that are not hosted on No Bull Websites server.

Hosting Providers

No Bull Websites hosting plans are offered as a distributor for Dreamscape Networks and Cloudways and thus Dreamscape Networks/Cloudways terms and conditions will also apply to all hosting plans. No Bull Websites accepts no liability for any website or service downtime that may arise because of network, service, or server outage outside of our control.

Hosting, SSL and Domain Name Renewal

If you are hosting SSL, Domain name or your website through No Bull Websites, you will be contacted in advance should one of your products be due for renewal. Should you not reply to us after five attempts of contact, your product will be removed, including all data and licences retained on it. This includes configurations, files, databases, website, email and all other forms of data. 

Product renewals must be paid in full before they will be processed.  

Moving Your Website to Another Host

Should you wish to move your website to another hosting provider, you must provide 1 month notice and we will supply you with a zipped folder containing your website files. Since your website may have been built using premium plugins and applications licensed to No Bull Websites, these will be deactivated on your website (unless otherwise arranged under original agreement) and you will not be able to update them unless you purchase a license from their respective vendors for yourself. Not updating a website’s plugins, core and theme may pose a significant security risk and could also mean your site may not function properly. No Bull Websites is not responsible for websites that malfunction after they have been migrated from our servers.

Website Security

Your website will be kept secure using server level firewall (6G or 7G WAF), and other measures, including limiting login attempts to prevent brute force attack. While we keep your site secure under the site maintenance plan, it is impossible to guarantee your site is immune to hacking. For this reason, if you are hacked, we will investigate the cause of the hack and do our best to clean the site of any malicious code. However, it is your responsibility to keep a strong username and password for your login credentials (don’t use something like “admin” or your site domain as your username, and don’t share your username and password with anyone).

Warranty by you as to ownership of intellectual property rights

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications.

You must indemnify No Bull Websites and hold us harmless from any claims or legal actions related to the content of your website.

Consequential Loss

No Bull Websites shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

Disclaimer

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services No Bull Websites provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of No Bull Websites under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we was contracted to perform.

Governing Law

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Western Australia. You and No Bull Websites submit to the non-exclusive jurisdiction of the courts in and of WA in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

Our goal is to help people in the best way possible. this is a basic principle in every case and cause for success. contact us today for a free consultation. 

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