Subscription Website Agreements

Subscription Website Terms of Business between us – Kicking Pixels, ABN 13 136 066 496 (“us”/ “we”) and You (“you”). Our subscription websites are branded MyWebAdvantage.

Thank you for choosing to work with us for your new website. We’re excited to help you bring your vision to life!

Summary

We will do our best to meet your needs and goals, but it’s best to have things written down so we both know our responsibilities.

This agreement is simple, readable, and designed to protect both parties. We want what’s best for everyone, now and in the future.

In short, “You” are hiring “Us” at Suite 4.39 Element Building, 200 Central Coast Highway, Erina, Central Coast, NSW, 2250, to provide a WordPress-powered website for the estimated project investment we discussed.

What Does Each Party Agree to Do?

You agree to provide everything needed to complete the project (e.g., text, images) promptly and in the requested format. You also agree to provide timely feedback and adhere to the payment schedule.

Assets (photos, videos, etc.) should be provided before we start. If additional assets are given after the project begins, you may update these yourself post-handover or we can quote you for additional work.

We will carry out our services professionally and on time, but can’t be responsible for delays caused by late submissions, approvals, or payments.

Design

The design must fit within the MyWebAdvantage website framework. This ensures we can provide a high-quality service at an affordable price. Custom features or deviations from the framework may require additional costs and may not be feasible within the subscription model.

We will adjust one of our templates to match your brand, including colours, logo, and fonts.

HTML and CSS Layout Templates

We use valid HTML and CSS for our development. We test websites on current versions of Chrome, Safari, Microsoft Edge, and Firefox, as well as on Apple’s iPad. We do not test older or unsupported browsers like Internet Explorer 11 unless specified otherwise.

Text Content

We create your website copy based on your answers to our questionnaire. You can review and amend the text, but extensive revisions aren’t included.

Photographs & Video

You will supply photographs and videos. We can suggest stock content vendors if needed. Time spent searching for stock will be charged as per the quote. Some stock images are included (up to 5 for single-page websites and 10 for five-page websites). These stock images are provided by us and remain our property.

Changes and Revisions

Revisions are intended to be minor adjustments only. You are entitled to one round of minor revisions before launch. Extensive changes or redesigns are not covered under the standard subscription and will require additional costs.

Revisions are intended to be minor adjustments only. Extensive changes or redesigns are not covered under the standard subscription and will require additional costs.

Feedback must be consolidated into a single email to your project lead. Multiple emails increase review time and the chance of missing items.

The investment covers the estimated work needed. Changes, extra pages, or new functionality will incur additional costs, which need agreement before work starts. Any additional work affects deadlines.

If the project scope changes significantly, we may cancel the current project, and you’ll pay for work completed so far. A new proposal and agreement will be required for further work.

Legal Stuff

Confidentiality

We will maintain the confidentiality of any information you provide. We comply with Australian privacy principles to protect the data you share with us.

We will maintain the confidentiality of any information you provide.

As WordPress and some plugins are third-party, we can’t guarantee that everything will always be error-free. We aren’t liable for damages, including lost profits, savings, or other consequences of issues with your website, even if we were warned.

If any part of this agreement becomes invalid, the rest will remain in effect.

Copyrights

You guarantee that any elements provided (text, graphics, etc.) are owned by you or that you have permission to use them.

Once we receive final set-up payment:

You own the graphics and visual elements we create for this project.
You own any text, photographs (including stock images provided by us if included), or data you provided.
We own the code (markup, CSS) and license it to you for use while you hold a valid subscription. Copying the website or design without approval is prohibited.

We reserve the right to showcase your completed project in our portfolio and related publications, as well as to paraphrase any comments you provide.

Subscription, Invoicing, and Payments

Ongoing subscriptions provide access to 1GB of storage and require valid credit card details to be kept on file in your client portal.

Our subscription websites include hosting, maintenance, community access, and one month of “MWA premium support” (weekly drop-in sessions).

Termination

Either party may terminate this agreement by providing 14 days’ notice in writing. Upon termination, the client must pay for all work completed up to the termination date. As work happens in the background, we are unable to refund any payments already made. Any unpaid amounts must be settled before the termination is final.

Ongoing subscriptions provide access to 1GB of storage and require valid credit card details to be kept on file in your client portal.

Our subscription websites include hosting, maintenance, community access, and one month of “MWA premium support” (weekly drop-in sessions).

Set-up payments:

50% instalment upfront.
50% instalment once the website is built and ready for launch.

Subscriptions begin after a 14-day free trial following the kick-off meeting.

Invoices include GST (10%) and must be paid within 7 days. Work will not begin until payment is received. Delays in payment will affect the project timeline.

Work on extra elements will only commence once paid. Overdue invoices exceeding 30 days will incur debt recovery fees.

If you cannot provide the required content, we will proceed with placeholder content and invoice you. We are under no obligation to keep the site on our server or continue work without payment.

Pricing is valid for 2 months from the start of the project. Extended delays may result in a review of costs based on current market rates.

Delays & Scheduling

The initial schedule is a guide. Early action completion may lead to an earlier start of the next phase, workload permitting.

Delays in feedback impact the timeline, and rescheduling isn’t always on a one-to-one basis. If a project is dormant for over 2 months without next steps being agreed upon, we will assume it’s abandoned. Re-opening the project will require a new quote.

But Where’s All the Horrible Small Print?

You can’t transfer this agreement without our permission. The agreement remains in place during the project. If any part of this agreement becomes invalid, the rest remains. Although simple in language, this is a legal document under Australian jurisdiction.

Non-Payment Consequences

If payment is not received within 7 days of the invoice due date, services may be suspended until payment is received. Continued failure to pay may result in cancellation of services and debt recovery actions.

Indemnification

You agree to indemnify and hold us harmless against any claims, damages, liabilities, costs, and expenses arising from your use of materials provided by you, including content that infringes third-party rights.

The agreement is considered accepted upon the payment of the initial invoice.