Agreement between AgentWorks and business or individual. The client/individual is subject to the following terms and conditions.

GENERAL WORKING AGREEMENT

This document defines the terms and conditions of our working relationship. All services that AgentWorks (hereafter referred to as “AgentWorks ” or “we” or “us”) may be contracted to produce or provide for you (hereafter referred to as “you” or “the client”) will be subject to the following:

SUMMARY

We will always do our best to fulfil your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or long passages of unreadable text. We have no desire to trick you into agreeing to something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.

IN SHORT

You are hiring us either for the creation of a website or manipulation of images, floor-plans, text (hereafter referred to as “content”) for an agreed price as outlined in our fees and charges. What Do Both Parties Agree To Do?

If we are designing content for you we’ll create designs as best we can based on the information you can provide for us at the commencement of the project. If you’re not happy with the designs at any stage, you may either request a re-work of the project which can be granted at our discretion. You agree to provide as much information at the commencement that is necessary to complete the project to your specification.

GETTING DOWN TO THE NITTY GRITTY

DESIGN OR CONTENT CREATION

If we are creating/designing content for you we’ll do our best to work to the look-and-feel, layout and functionality that you describe to us at the commencement of the project or as is relevant to the category (garment sales, real estate etc…). You agree that changes you wish to make arising out of information or detail that has not been provided by you, at the commencement of the project are “un-foreseeable” and can incur extra charges in order to complete a project to your new or altered specifications.

EDITING

We will modify supplied content, to suit the category chosen by you, or in accordance with the requests you have made at the commencement of a project. If your requests fall outside what we say that we will deliver, you may incur extra charges in order to complete those requests. If we cannot complete a project for you due to an un-foreseen event or complication, we agree to refund any monies you have already given to AgentWorks within a reasonable time frame.

LEGAL STUFF

We can’t guarantee that the content we return to you will not be viewed as misleading or false from another person(s) or company(s) perspective and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the provision of our service.

You also agree that we do not have knowledge of how the output data, text, or otherwise, is going to be used and we cannot be held liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of how you have chosen to use the output data.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

COPYRIGHTS

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by your good selves, or that you have permission to use them.

When you pay for a project, copyright is automatically assigned as follows:

  • You own the content we return to you for this project. We’ll give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files we used to make them.
  • You also own text content, photographs and other data you provided, unless someone else owns them.

We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to work completed as part of our portfolio and to write about the project on websites, in magazine articles and in books about web design.

MAINTENANCE AND HOSTING MONTHLY PAYMENT TERMS

The first payment occurs on date listed upon sign-up. AgentsWorks clients are responsible for all changes to their recurring payment and must inform AgentWorks of any changes to their bank details.

FAILURE TO PAY / INSUFFICIENT FUNDS

Failure to pay your monthly fee within 7 days will result in the suspension of your site until full payment has been received. AgentWorks clients paying by recurring subscriptions agree to pay all bank, reference, debt collection or legal fees associated with any default or legal proceedings to recover outstanding fees.

MAINTENANCE AND HOSTING CANCELLATION TERMS

Cancellation of the automatic debit requires one month’s notice in writing only after the completion of an initial 12 months. Cancellation of hosting will result in the suspension and removal of the website from the time payment ceases.

TERMINATION

Any customer who wishes to cancel the agreement during the initial term shall be liable to pay the total amount owing within the initial term. The supplier may cancel or suspend this agreement at any time without notice and without any liability to the customer where the customer is in breach of the terms of this agreement.

LIMITATION OF LIABILITY

The services and the work product of AgentWorks are sold “as is.” In all circumstances, AgentsWorks’ maximum liability to Client for damages for any and all causes whatsoever, and Client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to AgentWorks’ net profit. In no event shall AgentsWorks be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by AgentWorks, even if AgentWorks has been advised of the possibility of such damages.

AUTOMATIC SUBSCRIPTION RENEWALS

To ensure uninterrupted service, we’ll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period thereafter until cancellation. Your renewal period will be equal in time to the renewal period of your current subscription. For example, if you’re on a monthly subscription plan, each billable renewal period will be for one month. We’ll automatically charge you the applicable amount using the payment method you have on file with us. We’ll let you know in advance if you’re purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time by contacting Customer Care.

BUT WHERE’S ALL THE FINE PRINT?

Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. We will update this agreement when we believe it to be necessary. You will always be able to obtain a copy of this agreement by visiting www.agentworks.com.au/terms-conditions

Importantly, although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the courts of Western Australia. By starting a project with AgentWorks, the client accepts these Terms and Conditions.