Our Terms and Conditions are supplied with every quote and invoice and you should agreed to them before we start work on your project. If you give us the go ahead for a project either verbally, by email or by digitally signing a proposal. We will assume that you have agreed. This is to ensure all our clients fully understand all their responsibilities during a project. Please contact us if you have any questions about this agreement before accepting the Terms and Conditions.
For a summary of Mobilise Solutions’ commitment to our clients and what we expect from them, see Statement of Responsibilities.
Mobilise Solutions Terms and Conditions of Quotation and Sale
These are the terms and conditions of quotation and sale of all products and services supplied by Mobilise Solutions Website Development (“Mobilise Solutions”). Except as otherwise expressly agreed upon in writing between a duly authorised officer of Mobilise Solutions and the client, the terms and conditions shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by the client.
- Quotations are valid for a period of 30 days.
- Invoices must be paid within 7 days
- All orders placed with Mobilise Solutions shall only be accepted subject to these terms and conditions and Mobilise Solutions may at any time and from time to time alter these terms and conditions and such altered terms and conditions shall apply after notification by Mobilise Solutions to the client.
- If a client cancels or alters any order or part order at any time after Mobilise Solutions has received the order then Mobilise Solutions reserves the right to render additional costs to the date of such cancellation or alteration.
Terms of Payment
- For quotations $1000 and over the client shall make payment within the following terms:
- 50 percent deposit on receipt of signed quotation approval;
- 50 percent on completion;
- All payments are to be made in full within 7 days of the date of invoice.
- For quotations under $1000 the client shall make payment within the following terms:
- Unless otherwise negotiated, payment is to be made in full on receipt of signed quotation;
- All payments are to be made in full within 7 days of the date of invoice.
- Payment shall be made by direct electronic deposit, cash, cheque, or credit card via Stripe (2.5% surcharge applies for credit card payments).
- If the client fails to make payment in accordance with clause 4 or 5, Mobilise Solutions shall be entitled to charge a late payment fee plus default interest at a rate of 10% per annum on all overdue amounts (including charges and amounts other than the price calculated on a day to day basis on any moneys due but unpaid, such interest to be computed from the due date for payment AND the parties agree that such default is not a penalty but a true measure of damages incurred by Mobilise Solutions). Payments received from the client will be credited first against any default interest and all such charges shall be payable on demand.
- Mobilise Solutions shall also be entitled to claim from the client all costs relating to any action taken by Mobilise Solutions to recover moneys due from the client including any legal costs and disbursements on a solicitor-client basis and cease any further delivery of services or products to the client that have not been delivered.
Copyright and Ownership
- All ideas, designs, concepts, artwork, compositions, symbols, logos, development work or other trade indicia prepared or developed by Mobilise Solutions shall be the absolute property of Mobilise Solutions and the client shall not use such material in any media or project until payment is made by the client to Mobilise Solutions in accordance with clause 4.
- The copyright for all purposes in any ideas, designs, artwork, compositions, symbols, logos, development work and other trade indicia prepared or developed by Mobilise Solutions (“the copyright work”) vests in Mobilise Solutions.
- In consideration of payment by the client in accordance with clauses 4 & 5, Mobilise Solutions as the beneficial owner assigns to the client the copyright work subject to clause 11.
- Notwithstanding clauses 9 to 12 herein, Mobilise Solutions shall retain copyright ownership of all draft concepts, artwork, compositions, symbols and logos, development code and work (“the draft artwork”) created or prepared for the client pursuant to these terms and conditions but for any reason whatsoever not so utilised by the client and the client acknowledges Mobilise Solutions’ title in the draft artwork.
- Mobilise Solutions may use any artwork/design for its own promotion and portfolio use and add an industry standard ‘designed by’ link to the client’s website, enhancing client Search Engine Optimisation. Mobilise Solutions’ ‘designed by’ link will remain for the life of the design except by negotiation.
Revisions and Supply of Content
- Unless otherwise negotiated or Mobilise Solutions’ copywriting services are used, the client must supply text for their project in text file format at the start of the project as well as graphics (logos, images, etc.) to be used. Text should be as close as reasonably possible to final format, with accuracy of content, spelling and grammar checked and little or no formatting (includes text from previous websites). Mobilise Solutions assumes all written content adheres to copyright laws.
- Images are also expected to be supplied before work begins, unless by prior negotiation or if using Mobilise Solutions’ stock image services. Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator/Photoshop format, or hi-res JPEG files (300 dpi). Mobilise Solutions assumes that all correct permissions have been sought and/or royalties paid for images used.
- Unless otherwise quoted or negotiated, projects include two rounds of changes or author’s revisions. Following two revisions per project, an additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.
Project Duration and Client Response Time
- The client agrees to provide timely responses to Mobilise Solutions after receiving status notifications, work for review or requests for information. The client shall have 30 days to respond to each draft/request for information submitted. If the client has failed to respond after 30 days, Mobilise Solutions will deem the project complete. At such time, Mobilise Solutions shall have no further obligation to the client, and the client shall pay Mobilise Solutions all fees and expenses associated with the work performed.
- The client agrees to pay any fees for hosting, SEO, Social Media, GMB Management and or website maintenance contracts via regular automatic direct debit or credit card payments unless otherwise negotiated. A dishonour/late fee may apply if payment is late or insufficient funds are available causing Mobilise Solutions additional work or bank penalties. Should the client wish to break this contract and take their hosting, SEO and or website maintenance elsewhere, they will be required to pay the full amount for any remaining months left on their original contract or if month to month thirty days before any files will be transferred to their ownership.
- Mobilise Solutions shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Mobilise Solutions including but not limited to war, health risk, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
Post-agreement restraints - non-solicit
21. For a period of 2 years after the our engagement with your Company and/or persons has been terminated for whatever reason, the company/person agrees that it will not :
- canvass, solicit or endeavour to entice from our Company any person or organisation that was a staff member, contractor or employee or supplier of our Company at the end of the Term (or whose business or custom our Company was cultivating at the end of the Term), in relation to whom the Company/Person regularly dealt or worked on your project with during the Term;
- canvass, solicit or endeavour to entice any employee or agent of our Company to terminate their contracts of employment or agency with our Company;
- interfere or seek to interfere with the relationship between our Company and its customers, suppliers and employees.
- induce any other person to perform any of the acts specified in sub-clauses above of this clause.
22. The Company/Person acknowledges that any breach by them of this clause would cause irreparable harm and significant damage to our Company and accordingly that our Company has the right to seek and obtain immediate injunctive relief in relation to any such breach.
23. The Company/Person acknowledges that the covenants in respect of non-competition contained in this clause are fair and reasonable and that our Company is relying upon this acknowledgement in entering into this agreement.
24. The client agrees that these terms and conditions of quotation and sale shall be construed according to the laws of the State or Territory as Mobilise Solutions may in its sole discretion determine. Proceedings may be instituted in such State or Territory as Mobilise Solutions may in its sole discretion determine. Failing such determination, the client consents to any proceedings being instituted and heard by any appropriate court sitting in the State of New South Wales applying the laws of the State of New South Wales.