Your signed Scope of Work combined with these Terms and Conditions forms your Agreement with us. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Cancellations for WordPress hosting and WordPress websites will only be accepted within 7 days of receipt of signed quotation or online order from customer. Cancellation requests must be submitted to The Digital Marketing Agency in writing, via email to TheDMA Accounts Department or faxed on the customer’s letterhead to 02 8588 1257.
A refund will be provided, less a 10% administration charge. If a WordPress website build has already commenced, no refund will be provided for the portion of the build that has already taken place.
Cancellations will not be accepted after the 7 day grace period and no refund will be provided.
TheDMA retains copyright on the overall design and code created for your site. Upon receipt of final payment for your project, we transfer to you a non-exclusive license to use these designs and code in your site. See the section below on License for more details.
You agree that you are solely responsible for the copyright compliance of all materials that you provide to us to load into the site or you load yourself. You agree that materials are your own original work, or that you have obtained suitable licenses or permission to use. You retain copyright and ownership of all materials you provide for the site. Where TheDMA sources images, text, videos or any other content for your site, we will purchase a suitable non-exclusive use license for said materials and this is transferred to you at project completion.
TheDMA guarantees all website work for three months from project hand-over. Once notified, TheDMA will fix any defects or bugs found within the first three months post site sign off. If the defect or bug on the site is caused by the client or user altering the WordPress installation, widgets, or theme, then any repairs will be charged at standard time and materials rates.
This guarantee applies to the appearance and performance of the website in the versions of the major web browsers at the time it was launched (see note below on Browsers). Changes to versions of browsers after your site is launched is not covered by this Guarantee, but is covered by Support Tickets or other support solutions offered by The DMA.
This guarantee does not include changes of design or function outside of the original scope of work, however any such issues can be completed as a project variation and will be quoted separately.
Browsers, operating systems and IE6
The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our HTML markup and CSS in current versions of all major desktop browsers including: Windows OS Internet Explorer 7, 8 and 9, Firefox and Chrome; Mac OS Safari, Firefox, Chrome and Opera; Apple iOS (iPad) Safari.
We aim to replicate website designs and templates as faithfully as possible across all browsers, however this is dependent on browser capabilities. Designs and coding for older or less capable browsers are designed to degrade as gracefully as possible, appropriate to the capabilities of the browser. Please note that we do not support browser testing for Microsoft Internet Explorer 6.
Customers will be notified when disk and/or traffic usage is approaching a products’ limit. At this time, the customer will have the opportunity to upgrade to a product with more disk and/or traffic (if applicable). If the customer continues to exceed the products’ limit, without upgrading, we reserve the right to suspend the service until the issue is rectified.
Customers will be notified via email when a hosting product is up for renewal. If payment of the renewal is not received on or prior to the expiry date of the product, we reserve the right to suspend the service until payment is made.
WordPress hosting customers agree to be bound by the Rackspace Cloud hosting terms and conditions at http://www.rackspacecloud.com/legal/. We reserve the right to suspend and/or cancel without refund, any service that breaches these terms and conditions.
The Digital Marketing Agency routinely backs up data stored on the WordPress hosting service; however, such data is not guaranteed to be stored for extended periods.
The Digital Marketing Agency is a reliable WordPress hosting provider. Our service is delivered using the Rackspace Cloud hosting platform. Our commitment to you is that every effort will be made to keep your sites online. Rackspace Cloud operates clustered servers, so maintenance that causes downtime is rare.
We do not guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and therefore we are not liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
TheDMA will install licensed code and plugins into your site. Where we hold a developers license for specific components, we transfer to you a non-exclusive, perpetual, license to use. Where we have created specific code for your site, we likewise transfer to you a non-exclusive, perpetual, license to use. In agreeing to these Terms and Conditions, you agree not to challenge our right of copyright and ownership over any code created by us or implemented in your site.
You agree to allow us to include text in the footer noting that TheDMA has built your website, with a link to our website. We’re proud of our work, and we may publicise our design and build of your site on our website, other WordPress sites, design journals or magazines in print or online (all of this will include links back to your site and some great SEO exposure).