Terms & Conditions

GENERAL TERMS AND CONDITIONS OF SUPPLY 

To the fullest extent legally permissible all dealings between each customer (including all related and/or associated companies and/or other entities, all successors and/or assigns and in the customer’s own capacity and as trustee of each and every trust of which the customer is trustee) [jointly “the Customer”] and Lujein Shannan and Alex Gani ABN 28 943 291 256 (and/or any successors and/or assigns) whether trading as “MobiWeb” and/or otherwise [“MobiWeb”] relating to any and all services [the “services”] are subject to the following terms and conditions [“these Terms”] unless otherwise expressly agreed in writing:

  1. Payment: Payment shall be made by cheque, direct deposit, electronic bank transfer or credit card (credit card transactions will be accepted at the discretion of MobiWeb), without deduction and within the payment period stipulated in the relevant proposal, quote, agreement, invoice or statement. If no credit period is stipulated, payment shall be made within 7 days from the date of invoice. MobiWeb may require payment prior to delivery of services and reserves the right to withhold delivery of services until payment is received.
  2. Interest: Interest shall be charged on overdue accounts at the current Penalty Interest Rates Act 1983 (Vic.) interest rate plus 2%.
  3. Price and Services: a) The price for the services are as detailed in any proposal, quote or agreement from MobiWeb. b) Prices exclude all government imposts, levies and duties (including any GST or equivalent), which shall be invoiced to the Customer. c) In the absence of any binding proposal, quotation, order or agreement, all supply is made at the price nominated by MobiWeb at the time of delivery. d) The services to be provided by MobiWeb are those detailed in any proposal, quote or agreement. e) Any services not included in any proposal, quote or agreement, including any extra revision/s [“Exclusions”] are not included in the price. Any Exclusions provided to the Customer shall be invoiced to the Customer at MobiWeb’s usual rates.
  4. Proposals, Quotations and Orders: The Customer agrees that: a) proposals and/or quotations must be in writing; b) MobiWeb shall not be bound by any proposal or quotation if an order is not placed within 14 days from the date of proposal or quotation; and c) MobiWeb may prior to receipt of any order amend any proposal or quotation and notify the Customer accordingly without ramification.
  5. Delivery of Services: a) MobiWeb may suspend, withhold or cancel supply of services where: (i) the Customer is in breach of these Terms, (ii) the Customer has delayed or failed to comply or deliver any of its obligation or deliverables under any proposal, quote or agreement; and/or (iii) MobiWeb has any occupational health and/or safety concerns. b) The Customer agrees that: (i) the price stated in any proposal, quote or agreement includes two revisions of website design and any additional revisions shall be invoiced to the Customer at MobiWeb’s usual rates; (ii) where any website design or project is not completed within 3 months of commencement, and there is any delay caused or contributed to by the Customer, MobiWeb may suspend, withhold or cancel supply of services, without ramification, and invoice the Customer for services provided as at the date of suspension or cancellation; (iii) MobiWeb will attempt to meet any commencement, milestone or completion dates given by MobiWeb and/or any project timeline or timetable in any proposal, quote or agreement but accepts no liability if any of those dates or obligations are not met; (iv) MobiWeb shall not be liable for any delay, failure or inability to deliver any service; v) it will pay for so much of any services as MobiWeb invoices from time to time; (vi) no delay or failure to fulfil any part of any proposal, quote, order or agreement shall entitle the Customer to cancel or vary any order or delay or reduce any payment. c) MobiWeb will provide ongoing support at no cost for any services provided. Support is available for 30 days from the provision of services and is limited in scope to support of services actually provided. The timing, delivery and level of support will be at the discretion of MobiWeb. d) MobiWeb’s money back guarantee may only be exercised by Customers up to the design and development stage.  The money back guarantee is not available after sign-off by the Customer or delivery of the website. 
  6. Cancellations: The Customer agrees: a) that any SEO, advertising or similar monthly service may be cancelled by the Customer on 1 month’s written notice upon which MobiWeb may invoice for that month; b) MobiWeb may cancel any SEO, advertising or similar monthly service upon 7 day’s written notice and may invoice for services up to the time of termination; c) save for a) and b) above, not to cancel any order or agreement without MobiWeb’s prior approval; d) to indemnify MobiWeb against any and all loss suffered as a result of any cancellation (save for any cancellation under a) or b) above).
  7. Monthly Website Maintenance Package: a) This clause applies if the Customer has engaged MobiWeb to provide an ongoing monthly website maintenance package. b) These Terms apply to the maintenance package but this clause 7 prevails to the extent of any inconsistency. c) The services included in the website maintenance package are those detailed in any proposal, quote or agreement. d) Any services not listed in the proposal, quote or agreement will be invoiced as additional charges. e) Any special project or services advised by MobiWeb as being outside the scope of the website maintenance package will be invoiced as additional charges. f) MobiWeb gives no warranty or guarantee of “call out” times or response times for any website maintenance package and accepts no liability for any delay. g) 30 days written notice from the Customer is required to cancel or terminate any website maintenance package. In the event of cancellation or termination, the Customer shall be invoiced, and be liable for, the next month’s invoice together with the balance of the month during which notice was given.
  8. Consumer Guarantees & ACL: The Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) [“ACL”] provides consumers with certain consumer guarantees and rights in relation to certain transactions concerning goods and/or services (see www.consumerlaw.gov.au). Any rights the Customer may have under the ACL shall apply notwithstanding any inconsistent provisions in these Terms which shall be read down to the extent necessary to comply with the ACL and which shall otherwise apply to the fullest extent legally permissible.
  9. Limitation of Liability: To the extent permitted by the ACL: a) the Customer agrees to limit any claim to the re-supply of services (or cost thereof); b) MobiWeb shall not be liable for any Consequential Loss and/or any special and/or punitive damages through any fault and/or negligence of MobiWeb; and c) for the purposes of clause 9b) “Consequential Loss” includes but is not limited to: loss of profits, loss of revenue, loss of opportunity, loss of goodwill and/or loss of contract.
  10. Exclusions: To the extent permitted by the ACL: a) MobiWeb gives no warranty or guarantee as to the performance or outcomes of any services (including SEO, any social media presence and/or advertising and/or otherwise) and the Customer agrees to make no claim against MobiWeb; b) no dealing between MobiWeb and the Customer shall be or be deemed to be a sale by sample; c) the Customer shall rely on its own knowledge and expertise in selecting any services for any purpose and any advice and/or assistance given by or for MobiWeb shall be at the Customer’s risk and shall not be or be deemed to be given as expert or adviser nor to have been relied on by the Customer or anyone claiming through the Customer; d) MobiWeb shall not be responsible nor liable for paying and/or obtaining any necessary statutory, government and/or utility fees, expenses, orders, approvals, permits and/or licences; e) MobiWeb shall not be liable for any services: (i) made or performed to designs, drawings, specifications and/or procedures etc. which are provided and/or approved (whether fully or in part) by or on behalf of the Customer; (ii) utilised and/or maintained incorrectly or inappropriately; and/or (iii) supplied by any other party; and f) the Customer agrees to: (i) check all services for compliance with all applicable laws, standards and/or guidelines before use or application; (ii) comply with all applicable laws, standards and/or guidelines and with all recommendations and/or directions made and/or given by MobiWeb and/or by any other supplier; and (iii) act in good faith and in accordance with good practice at all times.
  11. Default: a) On default or breach of any part of these Terms or any proposal, quote, order or agreement by the Customer the full balance of all unpaid monies shall be deemed by this clause to be immediately due and payable (save to the extent that MobiWeb expressly directs otherwise in writing) and MobiWeb may inter alia terminate any order or agreement, retain all monies paid, cease further provision of services, and/or recover all lost profits without prejudice to any other rights and without being liable in any way to any party. b) The Customer agrees to indemnify MobiWeb for all fees and expenses payable to lawyers, mercantile agents and/or other parties acting on behalf of MobiWeb in respect of anything instituted or being considered against the Customer whether for debt or otherwise (including all legal costs on an indemnity basis). c) MobiWeb may apply any payment in reduction of fees, interest and/or any principal debt in such order of priority as MobiWeb in its discretion deems appropriate.
  12. Indemnity: The Customer fully indemnifies MobiWeb against any claim and/or loss arising from or related in any way to any dealing between MobiWeb and the Customer and/or arising under these Terms or any proposal, quote, order or agreement.
  13. Intellectual Property: a) The Customer retains ownership of intellectual property in all data, files, drawings, designs, photographs, logos or other materials supplied by the Customer [“Customer Materials”]. b) The Customer must obtain any permissions or licences to use any intellectual property owned by third parties. c) Upon payment in full of all monies owing by the Customer to MobiWeb, all intellectual property of MobiWeb in the website design shall pass to the Customer. d) The Customer grants MobiWeb a licence to use the Customer Materials in order to provide the services. e) The Customer permits MobiWeb to use, for promotional or training purposes, any of the Customer’s publicly available information (which is not confidential) including, but not limited to: company details, logos and photographs, testimonials and/or artworks. f) The Customer permits MobiWeb to display the Customer’s website on MobiWeb’s website as an example of MobiWeb’s website design. g) The Customer permits MobiWeb to insert on the Customer’s website any design credit such as “Designed by MobiWeb” or otherwise.
  14. Website Content: a) MobiWeb is not responsible or liable for any content posted on any of the Customer’s platforms by the Customer or any third party. b) The Customer agrees that any content or material posted on the Customer’s platforms shall not be false, misleading, defamatory, offensive, discriminatory, indecent, etc, nor infringe any third party’s rights (intellectual property rights included).
  15. Digital and Virus Protection: MobiWeb accepts no responsibility for protecting the Customer’s or any third party’s network or computer(s) against viruses or other threats as a result of using MobiWeb’s services.
  16. Other Terms and Conditions: a) No terms and conditions sought to be imposed by the Customer upon MobiWeb shall apply. b) Any statements on the MobiWeb website or in any MobiWeb proposal or quote is to be read subject to these Terms and these Terms shall prevail to the extent of any inconsistency.
  17. Jurisdiction: The Customer agrees that these Terms and any claim or dispute between MobiWeb and the Customer shall be governed by the law applicable in the State nominated by MobiWeb and the Customer agrees to submit to the jurisdiction of the appropriate Court nominated by MobiWeb in the capital city of that State. If no State is nominated then Victoria shall be deemed to be the nominated State.
  18. Waiver: An election by MobiWeb not to exercise any rights on any breach of these Terms or any quote, order or agreement shall not constitute a waiver of any rights relating to any other breach.
  19. Variations: The Customer: a) acknowledges that MobiWeb may vary or replace these Terms affecting all future dealings between the Customer and MobiWeb; b) shall be deemed to have notice of any variation to or replacement of these Terms immediately upon MobiWeb notifying the Customer at the Customer’s last known address; and c) shall be deemed to have accepted these Terms as varied or replaced immediately upon placing any further order with MobiWeb.
  20. Privacy Policy: a) Any personal information provided by the Customer to MobiWeb will be treated in accordance with MobiWeb’s obligations under the Privacy Act 1988. b) You authorise MobiWeb to disclose your personal information to third party suppliers for the purpose of providing the services.
  21. Force Majeure: MobiWeb shall not be in default or in breach of any contract with the Customer as a result of Force Majeure including but not limited to any epidemic, pandemic, industrial disturbance, digital or internet disruption and/or any event beyond the control of MobiWeb.
  22. Insolvency: The Customer shall be in default of these Terms if the Customer commits an act of insolvency, appoints an insolvency practitioner or has one appointed and/or calls a formal meeting of creditors.
  23. Severability: Any part of these Terms shall be capable of severance without affecting any other part of these Terms.

 

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33 Coventry St. Southbank, VIC 3006
howdy@mobiweb.com.au1300 628 087
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