Terms of service

Digital Mountain Terms of Service

  1. PAYMENT TERMS
    • Web design
    • Web hosting and domain names
  2. SERVICE TERMS
    • Intellectual Property
    • Maintenance
    • Variations and Extensions
    • Goodwill
    • Approval/Sign-off
  3. FULL TERMS AND CONDITIONS
    • General
    • Project stages
    • Website design
    • Content and data entry
    • Project delays
    • Content management system, database, application and e-commerce development
    • Compatibility
    • Bugs or system errors
    • Website hosting
    • Hosting terms
    • Training
    • Payment of accounts
    • Complaints procedure
    • Formal complaints procedure

1. PAYMENT TERMS

Digital Mountain expressly welcomes artistic, activist, and community-oriented endeavours. We recognise that these pursuits may have financial limitations and we will therefore negotiate payment terms where it is not to the detriment of our interests.

Web design

  • Digital Mountain provides its web design services at an hourly rate of $75.
  • We operate on an up-front part-payment schedule.
  • Digital Mountain will commence work on the project following receipt of $500 or 50% of the quoted amount, whichever is the lesser amount.
  • Digital Mountain reserves the right to discontinue work on the project in the event of outstanding payments, being at the discretion of Digital Mountain.
  • Payment terms are 15 days.

Web hosting and domain names
Payments can be made for hosting and domain names via our online store. Our online store currently accepts credit card and electronic transfers from bank accounts via Paypal.

Web site maintenance and support
As needed support is billed at our standard hourly rate. Our maintenance packages are offered on an upfront monthly payment basis commencing from the initial date of purchase and recurring on the same or following calendar date. Failure to make scheduled payment within 10 days will result in suspension of maintenance service for the remainder of that month with any required or requested updates during that month billed at our standard rates. Failure to make a subsequent scheduled payment will result in cancellation of our maintenance agreement.

2. SERVICE TERMS

Intellectual Property
Digital Mountain reserve the right to re-use technical components developed during the project and will retain intellectual property rights on each development. The client will hold copyright on all work pending payment of final invoice.

Maintenance
Unless specified, Digital Mountain recommends regular site maintenance on completed web sites. Digital Mountain can provide a web site maintenance service on an as needed basis billed at our standard hourly rate, as a monthly maintenance package, or by pre-negotiated agreement. 'Anything goes' web site maintenance refers to any requests made by the client which reasonably relate to a web site Digital Mountain has agreed to provide maintenance for. Digital Mountain does not offer a guarantee against site errors or site malfunction, but will endeavour to provide timely, effective web site support. Sites which are under construction are not eligible for our site maintenance packages until the site has been launched upon its completion. Digital Mountain reserves the right to decline to provide web site support or to enter into a maintenance agreement.

Software compatibility: Digital Mountain makes every effort each project will be compatible with current versions of all major browsers meeting web standards at the time the website goes live. Some variability in appearance may occur across browsers. Digital Mountain can provide a software compatibility update service if required either at our standard hourly rates or included in a site maintenance package.
Browsers, in order, for which Digital Mountain will vouch compatibility:

  • Firefox
  • Safari
  • Chrome
  • Opera
  • Internet Explorer

Variations and Extensions
In the event of any variations or extensions to this contract, all work will be undertaken in accordance with our hourly rates. Digital Mountain can also be engaged on a time and materials basis.

Goodwill
This proposal assumes goodwill from both sides regarding:

  • What can reasonably be achieved in a given time frame
  • Making best use of resources to achieve the most effective outcomes

Approval/Sign-off

To authorise commencement of a project Digital Mountain must receive a request via email, telephone, directly in person, by post, or by receipt of an initial down-payment.

All quotes are valid for 30 days from date of issue.

3. FULL TERMS AND CONDITIONS

By placing an order with Digital Mountain, you confirm that you are in agreement with and bound by the terms and conditions set out below.

General
Digital Mountain will only commence a project where an agreement has been provided by email, telephone, mail or fax. An 'order' is deemed to be a written or verbal contract between Digital Mountain and the client. This includes written and verbal agreements via telephone and email.

Project stages
Preliminaries: Preliminaries are preferably undertaken in person, or, where this is not possible, by phone or internet video discussion with project information at hand. The client provides us with an overview of the project, minimally including functionalities required, content scope, and intentions for content provision, with a view to arriving at a final proposal. Based on the final proposal Digital Mountain will provide the client with a time/cost estimate. The client is under no financial obligation at this preliminary stage. Where the client agrees to project terms and conditions, the preliminary stage of web site development will be charged at our standard hourly rate and included in the time/cost estimate.

Design staging: The client must thoroughly review the website design, providing feedback within five business days from notification.
Functional staging: The client must review the empty website shell or working website with partial or no content, providing feedback within five business days.
Site review: The client must carefully review the completed website including all content, providing feedback on any changes within three business days.
Prelaunch review: The client will review any changes made in stage three and authorise Digital Mountain to launch the project.

Website design
While every endeavour will be made to ensure the website and any scripts or programs are free of errors, Digital Mountain does not accept responsibility for any losses incurred due to website malfunction.
The project and any associated graphics and files remain the property of Digital Mountain until all accounts are paid in full.
Any scripts, php scripts, programming code or software written by Digital Mountain remain the property of Digital Mountain and may only be commercially reproduced or resold with the permission of Digital Mountain.

Digital Mountain cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and may refuse use of any such material unless proof of permission is provided.
Any additions to the brief will be carried out at the discretion of Digital Mountain. Where no charge is made by Digital Mountain for these additions, Digital Mountain accepts no responsibility to ensure these additions are error free. Digital Mountain reserves the right to charge an appropriate sum for any correction to these or further additions.
The client agrees to provide Digital Mountain all materials required from the client to complete the site (files, content and images) in a timely fashion.
Digital Mountain will not be liable for costs incurred, compensation, or loss of earnings due to the failure by the client or Digital Mountain to meet agreed deadlines.
Digital Mountain will not be liable or become involved in any disputes between the site owner and their clients and Digital Mountain cannot be held responsible for any wrongdoing on the part of a site owner.
Digital Mountain will not be liable for any costs incurred, compensation, or loss of earnings due to the work carried out on behalf of the client, or any of the clients appointed agents.

Digital Mountain will not be liable for any costs incurred or compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by its agents.
A deposit of 500 or %50, whichever is the lesser, is required before any work will commence on a project. Once a project has been completed the final balance of payment is due in accordance with our payment terms.
If the client decides to terminate the contract after a project has commenced, the client will be liable to pay for all work done up to the point of termination.

Content and data entry
The supply of content and assets is the responsibility of the client, unless the client is employing Digital Mountain's copywriting service.
Content must be thoroughly reviewed before it is supplied to Digital Mountain. Digital Mountain is not responsible for any spelling and grammatical errors.
Content must be supplied in concordance with the final proposal.

Project delays
Where a project has final approval Digital Mountain will indicate time frames for both parties. If a client delays the project for more than two months, (by missing deadlines for the supply of information, content or images) Digital Mountain reserves the right to charge a project-delay fee to recover costs associated with ongoing management of the project.

Content management system, database, application, and e-commerce development
Digital Mountain cannot take responsibility for any losses incurred by the use of any software created or customised for the client. The client is expected to fully test any application or program relating to a site developed by Digital Mountain before being made available for general use. Whilst every care has been taken to ensure products are bug free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, php scripts or software written by Digital Mountain remain the property of Digital Mountain and may only be commercially reproduced or resold with the permission of Digital Mountain.
Where applications or sites are developed on servers not recommended by Digital Mountain, the client is expected to provide information, software, and support relating to the server to assist with the correct development of the application. Any assistance or work required from Digital Mountain for external hosting will incur additional charges.
Where a large application is to be developed, the client is responsible for providing a testing environment as similar as possible to the final production environment.
When a project has been delivered and approved, the client will have a three month grace period where Digital Mountain will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.

Compatibility
Digital Mountain will ensure that any site or application will function correctly:

  • On the server to which it is initially installed
  • When viewed with Mozilla Firefox, Safari, Chrome, and Internet Explorer to current full release, in that preferred order.

Digital Mountain can offer no guarantee of correct function with all browser software including future releases.

Bugs or system errors
When a project has been delivered and approved, the client will have a three month grace period where Digital Mountain will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates. In the event where it can be demonstrated that bugs or system errors are created as a direct result of client actions, then this grace period will be void and Digital Mountain will charge at our standard hourly rates to repair bugs or system errors.

Website hosting

Digital Mountain cannot guarantee the availability or continuity of this service and cannot accept liability for loss of revenue caused by the unavailability, malfunction or interruption of this service.
Digital Mountain reserves the right to refuse handling of material which may be deemed offensive, illegal or controversial. In this instance, hosting services may be terminated.

Hosting terms
Hosting is available through Digital Mountain hosting. Any client requesting hosting on another server will be charged a fee for the time taken to transition the website to the preferred hosting provider.

Training
End user training is available with Digital Mountain at our standard hourly rates. Location is by agreement with the client and Digital Mountain. Digital Mountain reserves the right not to provide end-user training.

Payment of accounts
A deposit by the client is required before Digital Mountain can commence a project. Any outstanding accounts for work completed by Digital Mountain or our affiliates requires payment in full no later than 15 days from the date of invoice. On completion of a project the client is obliged to pay the balance in full.
Digital Mountain will contact clients to remind them of payments due if they are not received. If accounts are not settled and Digital Mountain has not been contacted regarding the delay, website access may be denied and web sites or projects removed.

Complaints procedure
Any client experiencing problems with a web service provided by Digital Mountain should contact us by phone or email contact@digitalmountain.com.au. Clients should supply the URL of the problem and clearly outline the issue in question.

Digital Mountain will contact the individual responsible for the material in question with a view to resolving the matter satisfactorily.

Formal complaints procedure
Should a client feel that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure, a formal complaint should be made in writing to Digital Mountain who will acknowledge receipt and ensure that the matter is addressed within two business days.
An initial response will be issued within seven days of receiving the formal complaint and a full and considered response will be issued within 30 days. Any required action will be implemented with minimal delay.