Terms Of Service

Freckal

Please read through our Terms and Conditions before proceeding with any of our services.

These are the standard Terms and Conditions for Website Design and all associated services and apply to all work and services undertaken by Freckal on behalf of the customer.

If you are using or have used our service/s it is understood that you have agreed to the terms set forth on this page.

When we say “We”, “Freckal”, “us”, “our”, and “our service/s” we are referring to Mukta Pty Ltd trading as Freckal and its respective owners, employees, subcontractors, products and services. References to “you” “your” “customer” “client” and the like, refer to you, your employees, agents, partners and anyone using our services on your behalf. These Terms and Conditions can change at any time. It is important that you check back here regularly. Your continued use of our services implies acceptance of any subsequent revisions.

Our Fees

Our website design fees are stated on our Plans page and are exclusive of GST. When you sign up for any of our plans, you will be taken to a payment page, where you will pay the associated upfront fee for whichever Plan you choose, and then a recurring monthly payment. This recurring payment comes out at 30-day intervals and gives you the services outlines in the Plan you have chosen. Regardless of whether you utilise the services available for each plan, you will be charged the same monthly fee.

If you choose to pay upfront and not go on a Plan, you will be required to pay a 50% deposit before we commence work on your website, and the remaining 50% upon completion of the website. There are no further payments unless additional services are required, which will be charged at an agreed rate upon request of a service.

It is your responsibility to notify us if the credit card we have on file for you is due to expire so we can update it before your payment is due. We have the right to suspend your website if your payment becomes 7 days overdue.

Supply Of Content & Materials

You are responsible for supplying us with all content for your website, including all text and information required on your site, photos that you want included (although we will also include stock images in our designs), logos and artwork, printed materials and any access tokens for linking social media to your website.

It is your responsibility to ensure all content provide is free of errors including typos, capital letters where appropriate, and correct spacing particularly after symbols such as “$”. It is not our responsibility to edit your content. If you would like us to edit any documents including content, menus etc. we can do this for $80 per hour, charged in 30-minute increments. Please provide any material for editing in a Word Document.

Delays & Liability

After the upfront fee is paid, we aim to have your website live before your first monthly payment is due. This is contingent on your full cooperation by providing answers to the questionnaire as soon as possible, providing all necessary content and photos, and responding to emails throughout the design process. If your website isn’t live before the 30-day timeframe and it’s due to delays from your side, we will not offer any refund or compensation. If it is due to a delay from our side, we will refund the first month’s fee, or part thereof, depending on how long the delay is.

Ownership of Stock Images on Your Website

We frequently use stock images to design your website. Any stock images used are not owned by you (or us). Ownership is owned by the image rights owner therefore such images cannot be used for any other purpose other than how they were placed on your website. This includes any editing, copying, and using for promotional or social media purposes. If you contravene this agreement and we are fined by the image rights owner, all fines will be passed onto you and will be payable within 7 days.

Cancellation of Service & Refund Policy

If you want to permanently cancel your service with us, we require 30 days’ written notice. No refunds or partial refunds are offered. If a subscription payment falls within that 30-day period, it will be charged to you in full.

If you want to suspend your website temporarily, we will charge you a storage fee of $10 a month.

We have the right to cancel your service by giving you 30 days’ written notice, or after 7 days of non-payment. We will not do this without grounds. If we believe, for any reason, that you are not behaving in a manner that we would expect of a Freckal customer, we reserve the right to terminate your account immediately.

Unless a specific agreement has been made with you, we do not offer refunds.

Intellectual Property

The system that runs your website remains the property of Freckal at all times.The coding, programming and intellectual property that creates your website is owned by Freckal. All content and images provided by you are owned by you.

If you pay for your website outright (either upfront or by cancelling your subscription and paying the exit fee to keep your website) the style, design and graphic design of your website is owned by you and will be made available to you upon payment of the associated fees.

Hosting

We will host your website on our servers and are not able to support your website without us hosting it.

Subcontracting

We reserve the right to subcontract any of our services.

Non-Disclosure

We agree that we will not at any time, unless required by law, disclose your confidential information to any third party.

Liability

We offer a quality service at highly competitive rates and will not be held liable for any action or inaction relating to our services. We ensure our system is highly secure from the actions of hackers, viruses and other problems on the Internet, but we can make no guarantees that any websites we host won’t be affected. We will not be liable for any claims of loss of sales, leads or reputation from using our services.

Disclaimer of Warranties

Freckal does not give any warranty in respect of our services other than as is implied by law.

Jurisdiction

This website is governed by the laws of the state of Queensland, Australia. Any dispute arising from the use of this website will be settled in this jurisdiction.

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