MUNICATOR Digital Agency General Terms and Conditions of Service
Please ensure to review the MUNICATOR Terms and Conditions, as MUNICATOR recommends that the customer does not agree to use our services until the customer has assessed them and are in agreement with its contents. If the customer is engaged in, or has been engaged in, an agreement with Municator for service provision, it is assumed that the customer has accepted the terms set forth in this document. When we say “We”, “Municator”, “MUNICATOR”, “us”, “our” or “our service” we are referring to MUNICATOR and its services. References to “customer”, “client”, “you”, “your” and the like, refer to you (the customer) and your agents.
These Terms and Conditions can change at any time. It is important that the customer checks back regularly for updates to the Terms and Conditions. The customer’s continued engagement with MUNICATOR implies the customer’s acceptance of any subsequent updates or additions to the Terms and Conditions.
MUNICATOR’s liability is limited to the amount paid by the customer to MUNICATOR for services rendered.
The central concept of service provision by MUNICATOR is one where a basic micro-website is leased to the customer. Typically the establishment (including, but not limited to, registration of domain name, procurement of a hosting account, collection and incorporation of content, images, etc. and the development and delivery/publication) of the website is done free of charge to the customer, on the premise that the customer does not take ownership of the website, but simply leases it from MUNICATOR. The customer pays a Recurring Lease Fee to MUNICATOR, while the ownership of the website remains with MUNICATOR. The domain name(s) associated with the website, while registered by MUNICATOR, remains the property of the customer and the customer reserves the right to migrate the domain name away from MUNICATOR to a different registrar (see Termination of Lease Agreement) if required.
In this way, MUNICATOR provides a mechanism for small businesses to establish an online presence at a fraction of the cost that would normally be associated with launching a website.
The customer has the option to request additional services outside the scope of a standard Lease Agreement, which will increase the Recurring Lease Fee above the base rate.
Prior to the development of the website, the customer and MUNICATOR will settle on the terms of a Lease Agreement. Since MUNICATOR takes responsibility for all the up-front costs of developing and establishing the website, the customer’s agreement to the Minimum Required Lease Period is a prerequisite for the commencement of development. The Lease Agreement outlines to Lease Period, Recurring Lease Fee and the percentage saving applied based on the Lease Period and the length of up-front Recurring Lease Fees.
The Lease Period will be one of the following: one month, six months, one year, or two years. The length of the Lease Period is determined by the Recurring Lease Fee paid up-front (see Recurring Lease Fee).
Recurring Lease Fee
The Recurring Lease Fee is due in advance and may be paid monthly, biannually (6-monthly), annually (yearly) or biennially (2-yearly). Recurring Lease Fees paid monthly do not have a discount applied; where Recurring Lease Fees paid quarterly, biannually, annually or biennially have discounts applied. The percentage discount increases as the Recurring Lease Fee payment period increases.
Refer to the specific terms of the Lease Agreement between the customer and MUNICATOR for details of the agreed Lease Period and Recurring Lease Fee.
The customer is afforded a Cooling-Off Period of one month after the initial Lease Agreement is entered into. During this period the customer may choose to terminate the Lease Agreement with MUNICATOR with full and immediate effect, and receive a full refund on the up-front Lease Fees that have already been paid to MUNICATOR, regardless of the Lease Period. The customer agrees to allow at least two weeks for refunds to be processed (see Termination of Lease Agreement).
The Cooling-Off Period only applies to new Lease Agreements, not Lease Agreement Renewals.
Minimum Required Lease Period
The minimum required Lease Period for any Lease Agreement is equal to the number of months or years that a customer has paid for up-front via a Recurring Lease Fee when establishing or renewing a Lease Agreement. A Cooling-Off Period applies for one month after the initial Lease Agreement is entered into between the customer and MUNICATOR (see Cooling-Off Period), but does not apply for Lease Agreement Renewals.
If a customer decides to terminate their Lease Agreement at a date which is earlier than the end date of the Lease Period, then the customer will not be entitled to a refund of any up-front Recurring Lease Fee payments that may have been made, regardless of the Lease Period, unless within the initial Cooling-Off Period (see Termination of Lease Agreement).
Lease Agreement Renewal
At the point of expiration of a Lease Agreement, the Lease Agreement will automatically roll-over into a renewal of the original Lease Agreement. The Lease Period of the Lease Agreement Renewal will default to be the same as that of the expired Lease Agreement. The Recurring Lease Fee will default to be the same as that of the expired Lease Agreement, unless MUNICATOR require the application of any Recurring Lease Fee Adjustments (see Recurring Lease Fee Adjustments). In this case, the customer will be notified of any Recurring Lease Fee Adjustments prior to the Lease Agreement Renewal taking effect.
Termination of Lease Agreement
The following terms will apply if the Lease Agreement is terminated either after or before the Minimum Required Lease Period.
By mutual agreement of the customer and MUNICATOR, the domain name associated with the customer’s website may be transferred to the customer if the customer wishes to obtain the registration rights to the domain name. The transfer of a domain name associated with the customer’s website to a customer after the termination of a Lease Agreement will not attract a service fee payable to MUNICATOR. The domain transfer may take place at any point after termination of the Lease Agreement, provided MUNICATOR has not relinquished the rights to the domain name.
By mutual agreement of the customer and MUNICATOR, the customer’s website (design, implementation, contents, graphics, images, etc.) may be transferred to the customer if the customer wishes to obtain ownership rights of the website. The transfer of a website to a location of the customer’s choosing, after the termination of a Lease Agreement, may attract a service fee payable to MUNICATOR, which will be determined by MUNICATOR at the point when the transfer is requested. The website transfer may take place at any point after termination of the Lease Agreement (see Cancellation of Account).
Recurring Lease Fee Adjustments
On occasion it might be necessary for MUNICATOR to apply adjustments to Recurring Lease Fees. The reason for adjustments is related to ongoing and increasing expenses of service delivery to customers by MUNICATOR. Service delivery expenses include, but are not limited to, domain name registration and renewal charges, content hosting charges, development and maintenance costs, licencing and insurance costs and 3rd party service charges.
MUNICATOR is focussed on service delivery as a priority. Recurring Lease Fees Adjustments will always be in-line with service levels and will not detract from the value proposition offered by MUNICATOR to its customers.
The customer and MUNICATOR will discuss and agree on a design to use as the basis for the website development. The customer may select a suitable design from a set of pre-developed designs, provided by MUNICATOR.
Ownership of Domain Name and Intellectual Property
The customer authorises MUNIUCATOR to register a domain name associated with the customer’s Australian Business Number (ABN) on their behalf and to hold the rights to that domain name for the duration of the Lease Agreement.
The domain name remains the property of customer, during the lifetime of the Lease Agreement. See Termination of Lease Agreement for more detail regarding domain names.
The website content and any intellectual property (except for the domain name) associated with the website or service provided by MUNICATOR remains the intellectual property of MUNICATOR, during the lifetime of the Lease Agreement and thereafter. Exceptions to this are any graphics or logos specifically provided by the customers.
Payment of Recurring Lease Fees can be made by recurring Credit or Debit Card payments. As part of a Lease Agreement between the customer and MUNICATOR, the customer is required to enter into recurring Credit or Debit Card payment scheme, which will require Credit or Debit card details to be provided and the amount and frequency of Recurring Lease Fee Payments to be specified, based on the Lease Period and Lease Agreement Renewals (see Minimum Required Lease Period).
MUNICATOR does not collect or store Credit & Debit Card information of any kind. Payments and Credit & Debit Card information is handled through a third party merchant service provider, who fully complies with the Payment Card Industry Data Security Standards (PCI DSS).
See Cooling-Off Period, Minimum Required Lease Period and Termination of Lease Agreement for details.
MUNICATOR will commence charging the customer a Recurring Lease Fee as soon as the Lease Agreement is entered into. Although the customer’s website may not be live at that stage, the customer’s account is an expense to MUNICATOR for things such as support, domain name registration, hosting, etc.
Licence Fee Billing Procedure
The customer’s billing frequency will be determined by the Lease Period. Based on the Lease Period’s billing cycle, MUNICATOR will bill on the first day for that Lease Period cycle’s Recurring Lease Fee, a short time after which the automatic payment will be actioned.
The customer’s Recurring Lease Fee amount is as per its Lease Agreement or Lease Agreement Renewal, until such time as the customer is notified of any Recurring Lease Fee Adjustments. MUNICATOR will give prior notice of any Recurring Lease Fee Adjustments via email to the customer.
Payment is only accepted by recurring credit card payment. MUNICATOR does not accept cheques, direct deposits or cash.
Non-payment of Recurring Lease Fees
If for any reason a Recurring Lease Fee payment becomes overdue by more than thirty days, MUNICATOR will put the customer’s account on hold until all outstanding fees are collected. This will include any email services MUNICATOR may be providing. In this case, MUNICATOR will charge a Reinstatement Fee, no less than one month’s Recurring Lease Fees, in additional to all outstanding fees.
The customer’s account will remain on hold until all outstanding Recurring Lease Fees and Reinstatement Fees (as applicable) have been paid, or until the Termination of the Lease Agreement has been mutually agreed upon my MUNICATOR and the customer.
Cancellation of Account
If the customer is not happy with the service or wishes to put their site on hold for longer than one month, then the customer can cancel their service immediately. From the time MUNICATOR receives the customer’s cancellation confirmation, the customer will no longer be billed for future Lease Periods by MUNICATOR. No retrospective cancellation is possible. Customers are billed based on the Lease Period, for the Lease Period, in advance. No refunds or partial refunds are available for unused portions of any Lease Period. If the customer utilises more than one of the services offered by MUNICATOR, the customer must state which services they want cancelled. Requests to cancel an account must be in written format, stating the date the customer wishes their service(s) to cease. Once MUNICATOR receives the customer’s request it will reply with a written confirmation of cancellation.
If the customer chooses to commence website services with an alternative provider, the customer must inform MUNICATOR if its services are no longer required by the customer. There is no automated way for MUNICATOR to know that the customer no longer requires the services of MUNICATOR. If the customer fails to inform MUNICATOR, refunds of Recurring Lease Fees for past Lease Periods cannot be made.
MUNICATOR will store a copy of the customer’s website for six months from the date of cancellation, after which MUNICATOR will delete all files related to the customer’s website. MUNICATOR will not inform the customer once the files are deleted following the six months period. If storage of website files are required beyond six months, MUNICATOR my charge a nominal storage fee.
If MUNICATOR uses stock imagery on the customer’s website then the customer does not own these images. Rather ownership is retained by the original image rights owner. As a result, such images may not be used or re-used for any other purpose and may only be used as they were placed onto the customer’s website by MUNICATOR. Editing of the dimensions or other characteristics of images in which they appear may contravene their usage rights. The customer may not copy the images and use them in other promotional materials. If the customer is looking to own the images on their website or use them for another purpose then please contact MUNICATOR who will endeavour to put the customer in contact with the image rights owner. This does not apply to images that are owned by the customer and has been provided to MUNICATOR for use on the customer’s website.
The system supporting the customer’s website remains the property of MUNICATOR at all times. The programming, coding and intellectual property that constitutes the customer’s website is owned by MUNICATOR. In proceeding and paying in whole for a website project with MUNICATOR, the customer owns all of the content that is placed onto the website by the customer. The content, style and design on the customer’s website will be made available to the customer if electing to no longer be served by MUNICATOR.
Websites from MUNICATOR cannot be used to disseminate, communicate, store or transmit:
- Copyright infringing data;
- data that infringes on any intellectual property, publicity rights or privacy rights;
- relates to illegal business operations or schemes;
- content sexually-explicit in nature;
- information that contains viruses, worms or malicious elements;
- trade secret protected data;
- is defamatory, harassing or threatening;
- contains deliberately misleading, incomplete or deceptive content; or
- is deemed inappropriate by MUNICATOR
As part of the customer’s website build and ongoing hosting, MUNICATOR has the right to include back-links from the customer’s website to MUNICATOR. This is an important marketing avenue for MUNICATOR and is factored into the website cost to the customer. If the customer does not want back-links on their website, MUNICATOR may be able to negotiate a fee for the removal of the links.
MUNICATOR reserves the right to use customers’ websites, web designs, prototypes, wireframes, layouts and collateral in advertising and marketing initiatives promoting MUNICATOR. This may include portfolio examples on the MUNICATOR website, case studies and other promotional initiatives.
Support and Update Requests from Existing Customers
- Support and update requests are included in the customer’s standard Lease Agreement
- These requests are governed by MUNICATOR’s Fair Use Policy
- The customer must allow for between three to five business days for MUNICATOR to respond to update requests, after which completion will take a minimum of five business days
- The customer must allow for twenty-four hours for MUNICATOR to respond to support requests, after which remediation will take a minimum of twenty-four hours
- Depending on the complexity of the work, MUNICATOR may be able to provide an estimated completion timeframe at the outset, if requested. Note that estimates are subject to change.
- For quicker turnaround requests, MUNICATOR may charge an expedited premium.
- Support may be contacted at [email protected]
MUNICATOR makes every effort to launch a customer’s site onto the selected domain name on the date requested by the customer when approving the customer’s website but MUNICATOR does not offer a guarantee. If MUNICATOR is not able to launch on the day requested MUNICATOR will inform the customer prior to the date and arrange an alternative launch date.
Please note that MUNICATOR may not be able deliver or launch sites in the Christmas/New Year period.
The Customer’s Privacy
The customer’s privacy is important to MUNICATOR. MUNICATOR will never sell, lease or distribute customers’ contact details to any 3rd party. MUNICATOR will only reveal data pertaining to the customer’s account if compelled to do so by law.
Fair Use Policy
MUNICATOR employs a Fair Use Policy to its websites. MUNICATOR includes a statement of “unlimited” support for Lease Agreements. Due to the relative static nature of micro websites, the support and contents update requirements are expected to be relatively low. If MUNICATOR judges that a customer is abusing this “unlimited” support offering, it may start charging for requests above a certain monthly threshold.
If MUNICATOR believes, for any reason, that a customer’s website is being used in a manner contrary to the expectations of a MUNICATOR Customer then it reserves the right to suspend or terminate the customer’s lease – effective immediately. (See Website Content)
MUNICATOR makes efforts to ensure that its website and all of its services are online twenty-four hours a day, seven days a week. However, this may not always be the case. There are times when the MUNICATOR website and associated service may be down. When some or all of our services are offline MUNICATOR will do its best to rectify the problem as soon as possible. MUNICATOR will not be held responsible for damages or losses directly or indirectly related to our website or hosted sites being offline. If the customer has specific hosting needs, or expect a large volume of users to visit their website in a short space of time they are obligated to contact MUNICATOR well in advance.
Service Level Agreement
MUNICATOR aims to provide at least 99% up time on all of its websites and services. MUNICATOR may enlist the services of third-party hosting companies, all of whom provide industry-standard business-level service levels. MUNICATOR cannot make any guarantees as to the up-time provided by third-party hosting companies.
The customer’s website must be hosted on servers managed by MUNICATOR for the duration of the customer Leas Agreement. MUNICATOR cannot build or support a customer’s website unless it is hosted on servers managed by MUNICATOR.
MUNICATOR will not be held liable for any action or inaction relating to our service. MUNICATOR offers a quality service at highly competitive rates. MUNICATOR believes that its websites are secure from the actions of hackers, viruses and other problems on the internet, but can make no guarantees. If a customer’s website is offline then please contact MUNICATOR immediately and every effort will be made to alleviate the problem as soon as possible. MUNICATOR will not be liable for loss of sales, leads or reputation from using our service.
Disclaimer of Warranties
MUNICATOR does not give any warranty in respect of our services other than as is implied by law.
If a clause or part of a clause is read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part thereof is to be treated as removed from this document, but the rest of this document is not affected.
The parties will, in good faith, attempt to resolve any dispute, claim or controversy arising out of or relating to a Lease Agreement by negotiation. Either party may initiate negotiations by providing written notice in letter-form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within five business days with a statement of its position on, and recommended solution to, the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet at a mutually agreeable time and place within twenty days of the date of the initial notice in order to exchange relevant information and perspectives, and attempt to resolve the dispute. If the dispute is not resolved by these negotiations, the matter shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.
If the dispute or difference is not settled within forty-five days of the submission to mediation and provided such period is not extended by consent of the parties, it shall be and is hereby submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitration.
Notwithstanding the existence of a dispute or difference each party shall continue to perform the Lease Agreement.
This clause shall survive termination of any Lease Agreement.
This website is governed by the laws of the state of Western Australia, Australia. Any dispute arising from the use of this website will be settled in this jurisdiction.