Terms & Conditions

Payment Terms

Payment terms are provided on a per-project basis and depend on the scope of the project.  You must refer to the payment terms in your project brief or invoice.

  • For new websites and website redesigns, final payment is required before the website and/or changes go live.
  • Larger projects may be broken up into a series of milestone payments.  Refer to the payment terms for your project.

Licensing

Spinsoft CMS is owned by and remains property of Spinsoft, you agree to license the software for use in the duration of your contract – the software is licensed, not sold.  Upon final payment and acceptance of these Conditions, you may login to Spinsoft CMS on your domain to make changes to your website.  Spinsoft grants to you a nonexclusive license to use the CMS software during your contract period.

​Warranties & Copyright

Spinsoft provides the software “AS-IS” and does not provide any warranty whatsoever, whether express or implied, including but not limited to the warranties of non-infringement of third-party rights, merchantability, or suitability or fitness for a particular purpose. Neither Spinsoft nor the Supplier will be liable for any damages, including, but not limited to, ordinary damages, direct damages, lost profit, damages arising from special circumstances whether or not foreseeable, indirect damages and other consequential damages arising from claim for damages by third parties, secondary damages, damages to reputation or prestige, and non-economic damages.

The Client agrees to indemnify and hold Spinsoft harmless against any and all claims, costs, and expenses, including attorney's fees, due to materials included in the Website at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release.

Any content (text, images, videos) provided by the Client remains property of the Client, this includes content that is added to the website by the Client via the CMS.  This is only true in cases where the Client legally owns the content to begin with.

Domain Registration Agreement

Spinsoft runs a "Managed" domain service intended to control all aspects of the domain on your behalf while still giving you ownership.  Domains are registered using your name and business credentials as the registrant, with the exception of the registrant email address which is set to a Spinsoft email address.  By paying this invoice or requesting us to register a domain on your behalf you are giving us permission to do this.

You are always the owner of the domain, however to run our "Managed" domain service we need to receive any emails sent to the registrant, allowing us to perform management tasks on your behalf including:

  • Domain Renewal  & Cancellation
  • Domain Transfers

The Spinsoft email address is also used to protect you against spammers and malicious attempts to renew your domain with other companies.  Unfortunately you may still receive some these in normal postal mail.

Please note that Spinsoft will never hold your domain name for ransom, if you would like to transfer you domain to a different business just let us know and we will assist you with the process.
 


Refund Policy

We always aim to provide an excellent customer experience and high quality workmanship and are considerate of special situations, however the below refund policies are enforced unless we have agreed to special terms or arrangements for your project.

Web Design Services

Web design services for new projects and website redesigns are paid in portion (for milestone projects) or in full before project commences.  

  • Once a full or partial payment has been made and work has commenced a refund is not possible due to the work already done on the project.
  • There are no partial refunds for projects mid way through a milestone.
  • If you would like to cancel future milestones for a project you can contact us to do so (unless your project contact states otherwise).

SEO Audit Services

SEO Audits are paid in full before the work commences.  

  • You must contact us 2 days (48 hours) before the schedule audit date in order to receive a refund as we schedule time and resources for this service.  
  • Refunds are not possible within 48 hours of your scheduled audit.

Digital Marketing Campaigns

Ongoing payments for your digital marketing campaign are scheduled for the start of each month and paid in advance to allocate time & resources.  

  • You must contact us no less than 7 days before the start of the next month to cancel your service & payment.
  • After your monthly payment has been made a refund is not possible as time & resources have been allocated to your campaign.
  • Any digital marketing carried out as a one-off project is subject to the terms of the individual contract terms (in most cases follows the rules of the above Web Design Services).
  • While we always do our best to work in your best interests, SEO organic ranking changes or PPC advertising performance (such as AdWords) or other paid ad performance (such as Facebook ads) are not guaranteed under any circumstances as they are heavily dependent on search engine ranking changes, competitor changes and many other factors that are outside our control.

Additional Policies

  • We do not offer refunds on deposits
  • We do not offer refunds for projects or milestones that you have abandoned or lay dormant for more than 30 days (due to the work and hours of setup & preparation that would have been carried out).

Governing Law

These terms and conditions are governed by the laws of Victoria, Australia