Introduction

We aim to keep our Terms of Service uncomplicated and easy to understand. The following definitions on this page: “you” and “your” refers to you, the person accepting these Terms of Service. “we”, “our” and “us”, refers to Snug Site and all of its employees. This Terms of Service is subject to change, and your continued use of our services following any changes will constitute your acceptance of those changes.
When you complete our Customer Details Form, you are agreeing to the Terms and Service outlined on this page. Please read this page carefully as it will form a legally binding contract between us and you. If you have any questions about the Terms of Service, please contact us prior to filling in our online Customer Details Form.
If you are dealing with us on behalf of a Company, Organisation or Trust, then you agree that you have the power and ability to enter into this contract on their behalf, where all owners of that Company, Organisation or Trust are jointly and severally liable. If a third party is nominated as the recipient of our services, or where a third party is addressed on the invoice, then you, the Client, will still remain liable. This liability can not be transferred by you.

Snug Site Fees

In order to gain an insight into your business and new website requirements, we provide up to 30 minutes of free consultation time. This is a great opportunity to pick the brain of a WordPress expert, especially if you are unclear on your exact requirements, and we will guide you through best practice website design and integrations to suit you. One free consultation is available per client, not per project.

After the initial consultation, we charge for all services based on time spent, in 1 minute increments. This includes time spent on web design / development, meetings & project management, revisions and support via phone or email, troubleshooting, and developing or researching methods and tools directly related to your project or website.
Items which will never be considered billable time include:

  • Administration and account enquiries
  • Any time spent by our Developers up-skilling to keep up to date with current WordPress technology or trends.

In providing an exceptional level of transparency and client service, we will always:

  • provide you with a project Time Estimate based on your initial brief – this will include all design and development work, pages and inclusions as discussed during the brief
  • use a time tracking tool to ensure the most accurate and efficient service to you
  • advise you if we expect to exceed the estimated time
  • provide honest advice on how best to get the most out of your website if you have a limited budget.

Revisions

We include allowances for Website Revisions into our project Time Estimates.

Payments, Pricing and Billing by Time Spent

All services carried out by us will be billed at AUD $97 per hour. You will be billed for our time spent on any billable tasks prior to the acceptance of these Terms of Service, except for the initial consultation we provide for new project websites.

Expenses

Any products, services or licenses purchased by us to further develop your website will be on-charged to you, inclusive of GST and international exchange rates where applicable. These products or services may include, but is not limited to, stock images, WordPress plugins/themes as required by your brief.

Invoicing

We will issue you with an itemised invoice for the work carried out by us. It is at our discretion the dates that Invoices are issued for billable time, even if the services for your project or request are not yet complete. You agree that payment will be made within fourteen (14) days of an invoice date. We accept direct deposit via bank account. Credit card payments attract a 2% surcharge which is added to your next invoice. If your account is overdue, we can deny further services provided by us. Your Invoice will show daily costs with a very brief summary of tasks performed. For a more detailed description of daily services rendered, we recommend you keep your own records of the time spent and topics covered when talking to a Snug Site Developer.

In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs or expenses which we incur in recovering or attempting recovery of moneys owed to us.  

Delivery Dates

To give your project the attention it needs, we will work with you to determine a Start and End date for your project. We are often booked out weeks in advance for large projects, so the earlier we can get sign off on your project details the better! We do allow for smaller tasks and projects during this time, so let us know what your requirements are, and we may be able to work it in.

Rights to the Website Content

With the exception of our intellectual property, and Background Technology, you own all content or information (including, without limitation, any text, music, sound, photos, video, graphics, data, or software). Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Snug Site remain the copyright of Snug Site and may only be commercially reproduced or resold with our permission.

The website, graphics and any programming code remain the property of Snug Site until all outstanding accounts are paid in full.

Credit for Work

You hereby grant to us the right and license to refer to your business name/logo and use screenshots of your website solely for the purpose of promoting Snug Site.

Website Design

You agree to provide us with all required website text copy. We are not responsible for writing or inputting any text copy unless this has been specifically requested. Any licensed media or technology required for your website will be provided by you. Any images provided by you must be royalty free, or have the necessary permissions to use those images.

Intellectual Property

We retain the right to be recognised for the artwork, custom code or innovations created by us. We shall be free to reproduce and create derivative works from any design element from your website created by us. We shall be free to use any concepts or techniques acquired during the development of your website.

Website Functionality

We shall make every effort to ensure that your website is designed to work with the Chrome Internet Browser current release, and you agree that we cannot guarantee correct functionality with other Internet browser software. You agree that any updated software versions of Internet browsers hereafter may affect the functionality and display of your website, We are not obligated to maintain compatibility with these browsers.  We cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

Search Engine Rankings

A specific position in search engine results is not guaranteed. We will make every attempt to obtain a Page One Google Search Rank, but are not liable for circumstances beyond our control, such as change in policies of the Google search engine, spontaneous drops or other anomalies out of our control. We will not use any methods that contravenes official Google best practices or guidelines.

Dispute Resolution

You agree that if any dispute should arise with us, attempts in good faith will be made to resolve the matter fairly before resorting to legal proceedings. In doing so, you agree to use your best endeavours to (i) Clearly communicate in writing the facts leading to or causing the dispute before the due date of the invoice (ii) Set out clearly what action is required to settle the dispute and (iii) Explain why that way of resolving the dispute can be said to be a fair resolution. In the event that an invoice is overdue, and no communication has been entered into, we will begin our debt collection process, which may result in registering a default against the debtor.

Limitation of Liability

We will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. We will not be liable or become involved in any disputes between the site owner and their clients. We will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents. We will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

You acknowledge that this limitation of liability is an essential element of this agreement, and absent such a limitation, we would not enter into this agreement.

The following Terms of Service only apply to clients on a Snug Site WordPress Maintenance Plan:

Overview of key Snug Site WordPress Maintenance Plan terms in this agreement

This is not a long term contract. You are not locked into a minimum term (refer to the “Termination & Ownership Transfer” section below)
Each Maintenance plan supports one website and domain, including any discounted support.
We will require a level of personal information so that we may perform our core functions as a service to you.

Maintenance Plan Support Discount

All Maintenance Plans come with a discount on all WordPress Support and Development performed during the Maintenance Month. The total discount does not exceed the cost of the Maintenance Plan each month.

Service Description and Authorisation

The Snug Site Maintenance Plans are designed exclusively for WordPress websites. The inclusions for each Maintenance Plan can be viewed on our website, and are only available for the website nominated during the account creation. By choosing and creating a Maintenance Plan account, you are engaging us as an independent contractor to perform tasks and other support services. In order to fulfil maintenance tasks, we will require authorisation and access to your WordPress database, files and hosting account.

Maintenance Task SLA

Scheduled Backups. Backups are stored on a secure Cloud Storage as prescribed by us. Only WordPress Core, Theme, Plugin, and Media files are stored. Only the relevant WordPress Database is stored.

Updates. Fortnightly and Monthly Core and Plugin Updates are scheduled and not on demand. We do not update Premium Themes and Plugins as part of the scheduled Maintenance. We only update Themes and Plugins available in the WordPress.org Repository. Premium Plugins and Premium Theme Updates are performed as an Ad-Hoc Support Request.

Uptime and Security Monitoring. Our Security Technicians receive downtime and security breach notifications via SMS. If any issues arise due to the update process or we have a notification of downtime, then we will pro-actively fix these issues up to one hour of support time at no extra cost to you. If any issues persist, we will roll-back updates and contact you for instruction.

Optimisation refers to the removal of saved revisions, spam comments, and database table overhead.

Fees and Charges

Your Maintenance Plan will be invoiced within the first business day of each month, with your first invoice pro-rated for that month. You agree that payment will be made within fourteen (14) days of an invoice date. We accept direct deposit via bank account and credit cards. Credit card payments attract a 2% surcharge which is added to your next invoice. Surcharge is waived when you sign up for direct debit payments. Maintenance Plans are billed monthly in advance, and any discounted support rates are shown for the previous month.

Termination & Ownership Transfer

Either party may terminate this Agreement by the provision of 30 days’ written notice to the other Party, where the final monthly fees may be pro-rated. The Maintenance plan may be transferred to another website without the 30 day notice, on the provision that the request is made in writing and the new website Maintenance is in effect as of the next available billing cycle.

The following Terms of Service only apply to clients on Snug Site Hosting:

Hosting Fees and Usage

If you are at risk of exceeding the Disk Space of your allocated Hosting Plan; We will temporarily place you into the next highest Hosting Plan if available, and will advise you by email. Hosting Plans will not be automatically downgraded – This must be done by request. Hosting Invoices are sent Quarterly in advance. We can not provide refunds on hosting services.

Our hosting is designed to meet the anticipated needs of our customers. If we determine that your use of our network impairs the stability of our network, we may suspend your use of the network, or terminate our agreement with you. Examples of activity that jeopardize the stability of our network include, but are not limited to: using excess bandwidth, overutilization of our servers, and excessive e-mail usage.

Storage and Security

At all times, You shall bear full risk of loss and damage to your server space and all of your server space content. You are entirely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the server or any of your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to your server content; (ii) maintain independent archival and backup copies of your server content; (iii) ensure the security, confidentiality and integrity of your server content transmitted through or stored; and (iv) ensure the confidentiality of your password. Snug Site Hosting Service is not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The services offered by Snug Site  are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Snug Site shall have no liability to you or any other person for your use of Snug Site services in violation of these terms.

Last Updated: 7th December 2016