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Memorandum of Understanding - Agreement

An agreement between customer and service provider.

Acceptance of Agreement

Please use the form below to submit you agreement to the terms and conditions displayed here below in the Memorandum of Understanding / Agreement for your selected plan:

Payment Schedule

  • Payment schedule as detailed in agreement.
  • Automatic subscription Direct Debit payment details are to be provided and must be completed and submitted with this signed agreement before work / project commences.
  • A failed Direct Debit payment fee of $9.79 will be charged if the automatic direct debit is declined.
  • The current agreed rate for this work agreement is based on the selected pricing package.
  • A ‘New Website’ you are agreeing to a 12 month minimum repayment term. The agreement can be discharged at any time by the customer upon full repayment of outstanding charges.
  • For ‘Existing Websites’  payments are due month to month at prescribed plan rates. This agreement is not binding and can be discharged at any time by the customer or service provider.
  • All payment plans are subject to change and price increases/decreases at any time.

Confidentiality

  • A party must not, without the prior written consent of the other, use or disclose the other party’s Confidential Information unless expressly permitted by this Agreement or required to do so by law or any regulatory authority.

Intelectual Property

The Supplier grants to the Customer a non-exclusive license to:

 

  •  Use all existing and future Intellectual Property Rights in the Website including the Website Design and content provided under this Agreement for the purpose of the publication of the Website on the internet;

Consumer Guarantees

A consumer guarantee is provided under the Australian Consumer Laws for the services rendered to the client described in the parties’ section of this document. The following consumer guarantees on products and services apply:

Services Must:

  • be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage
  • be fit for the purpose or give the results that you and the business had agreed to
  • be delivered within a reasonable time when there is no agreed end date.

Exceptions to Guarantees:

Consumer guarantees do not apply if you:

  • got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it
  • misused a product in any way that caused the problem
  • knew of or were made aware of the faults before you bought the product
  • asked for a service to be done in a certain way against the advice of the business or were unclear about what you wanted

Rights to a repair, replacement, refund, cancellation or compensation do not apply to items:

  • worth more than $40 000 purely for business use, such as machinery or farming equipment
  • you plan to on-sell or change so that you can re-supply as a business
  • bought as a one-off from a private seller, for example at a garage sale or fete (but you do have rights to full title, undisturbed possession and no unknown debts or extra charges)
  • bought at auction where the auctioneer acted as an agent for the owner (but you do have rights to full title, undisturbed possession and no unknown debts or extra charges).
To make a complaint browse to https://www.accc.gov.au/consumers/complaints-problems/make-a-consumer-complaint and follow the instructions provided.