By signing up to one of our Kwokka Digital Website Plans or Kwokka Digital Website Support Plans, you agree to the following Terms of Service relating to the use of Kwokka Digital’s services:

These terms of service apply to all services provided and agreements between Kwokka Digital, ABN:24 704 604 272 and its clients.

Kwokka Digital does not guarantee any type of profit or response from any services provided to its clients.

You, the client shall indemnify Kwokka Digital from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which Kwokka Digital may sustain, and/or to hold Kwokka Digital harmless to which Kwokka Digital may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case legal fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

The Website Terms of Service of this agreement is governed by and will be construed according to the laws of Victoria, Australia.

1. Services provided

The Service Provider agrees to provide the Client a WordPress website, website hosting and or register domain names on behalf of the client, and or provide website maintenance and support services for the client.

The subscription service and the website provided for the Client is available for the Client to use, so long as the agreed subscription payments are made or if the Client arranges a buyout of the service.

Please see section fifteen (15) for cancellation and buyout terms.

2. Service Fees

The Client agrees:

To pay the fees that shall be charged to his account as a result of using Kwokka Digitals services, including but not limited to:

Subscription fees;

Fees for additional services or features requested by the client that fall outside of the inclusions of the clients’ current subscription;

Fees for additional website customisation or development that fall outside the inclusions of the clients’ current subscription; and

Software or plugin licences that fall outside of the inclusions of the clients’ current subscription.

That subject to any applicable law,  Kwokka Digital’s services fees are non-refundable unless the pricing terms for the applicable service expressly states otherwise.

3. Effective Date

This Agreement and the Client’s use of Kwokka Digital’ services shall become effective on the date the order is submitted by the Client;

Unless amended or a cancellation request is submitted by the Client, in accordance with the provisions laid out in Section Fifteen (15), this agreement shall continue to exist and bind the parties under the same terms and conditions as herein agreed.

For account cancellation, refer to the CANCELLATION POLICY found in section fifteen (15).

4. Method of Payment

The Client shall provide a valid credit card prior to and during any time the Client has an active account with the Service Provider .

Any Client subscribing on a monthly basis will have their credit card charged the full monthly service fee in advance, which shall be recurring as long as the Client stays on the service.

Please note: Our billing cycle is on the 1st of each month. If you subscribe on a date other than the 1st you will be billed a prorated amount for the period of days between your subscription creation date and the 1st of the next month, plus your first full monthly installment in advance. Your next payment won’t be billed until the following month. For 12 month plans, the total amount billed over 12 payments will remain the same no matter what date your first subscribe.

Receipts for the payment transactions will be emailed directly to the Client through Chargebee, the secure billing platform of the Service Provider.

The Client acknowledges and agrees that the Service Provider will not require any additional authorisation for any recurring payments or automatic billing options.

The Client shall be liable for any fees the Service Provider will incur in its efforts to collect any unpaid balances if payment is not made more than fourteen (14) days past due.

Any billing problems or discrepancies must be brought to Kwokka Digital’s attention within sixty (60) days from the date the Client is billed. If the Client does not bring them to the Service Provider’s attention within sixty (60) days, the Client agree to waive his right to dispute such problems or discrepancies with the Service Provider.

Should the client have any billing related questions or to intend to stop a recurring payment from being charged to the designated payment method, the client is required to email hello@kwokkadigital.com.au.

5. Account Termination

The subscription shall be terminated on the following grounds:

Service fees are unpaid after more than 30 days;

The Service Provider believes the website is being used for illegal or offensive purposes including but not limited to pornographic content, terrorist activities, etc.

The Service Provider shall notify the client via email prior to terminating the subscription.

6. Warranties

The Service Provider makes no warranties to the Client of any kind, expressed or implied with respect to the services, and/or the Service Provider’s subcontractors and affiliate’s services provided.

The Service Provider expressly disclaims any implied warranty or merchant ability of fitness of the service for a particular purpose.

The Service Provider shall not be liable for any damages suffered by the Client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, resulting from:

The use or the inability to use the service;

Cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;

Unauthorised access to or alteration of your transmissions or data;

Statements or conduct of any third party on the service;

Or any other matter relating to the service.

The Service Provider shall take all reasonable precautions to ensure the website database is secure and protected, the Client understands and agrees that the service provider is under no obligation to export, extract, retrieve or store our Client’s data except via through the daily backups of the Clients website which is stored on a ‘best effort’ basis.

7. Terms

The Client agrees to:

Submit necessary contents to build the ordered website in a timely manner.

Use the website in a manner that is legal, ethical and in conformity with community standards;

Respect the privacy of other users in such manner that he shall not intentionally seek data or passwords belonging to other users, nor will he modify files or represent himself as another user unless explicitly authorised to do so by that user;

Respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; and

Accept notifications of service changes, commercial email and similar offers presented via email.

In the event of a serious violation of the TERMS OF SERVICE, the Service Provider shall reserve the right to terminate your account immediately. Every effort will be made to inform the Client prior to account termination.

8. Assignment

This Agreement is personal to the Client, and in case of assignment wherein the Client allows someone to use his account, the Client agrees to:

Seek the prior written consent of the Service Provider;

Remain liable to the Service Provider for any fees due under this Agreement.

The Service Provider retains its right to assign this Agreement at any time.

9. Submission of Content

The Client shall submit the necessary contents to build the ordered website in a timely manner.

The Kwokka Digital design team will not start the project and website design until the client supplies all assets required to complete the website. This may include but is not limited to; logo, images, copy and video where required.

The Kwokka Digital development team will not start the website build unless the design concepts have been formally signed off/ approved by the client.

Two (2) rounds of website design revisions are included in all Website Plans. A ’round of revision’ is defined as follows: a design draft is presented and the client supplies consolidated feedback, questions, comments, ideas (this feedback must be supplied in 1 x email/ message). Kwokka Digital designers will provide an updated draft to the client based on this feedback, at which time this will signal the end of the first round of revision.

Revision requests exceeding the two rounds included in all Website Plans will incur an additional flat fee ($80 per additional round) prior to being actioned. These fees if applicable will be paid via secure credit card link and will be separate to the clients monthly subscription.

Changes to original design concepts that have been previously signed off/ approved by the client will incur a flat fee to be quoted by the design team prior to being actioned.

Changes to original design concepts that have been previously signed off/ approved by the client means additional time for build completion and the guaranteed delivery timelines will no longer apply.

Similarly, once an original design concept has been signed off and already built and incorporated into the development website; any requested design variations or revisions will incur additional project fees outside the clients monthly plan which will be quoted by the design team prior to being actioned.

Our guaranteed delivery timelines of (30) thirty business days for website builds will no longer apply should the Client fail to submit the required contents within (7) seven working days after the Kick Off Meeting. In these instances, the production team will advise the client of the new timeline and the Service Provider will not be responsible for the delay.

If the client fails to submit the necessary assets and content for us to complete the website within 6 months after the Kick Off Meeting or from the date of the order (if there was no Kick Off Meeting conducted due to the fault of the Client), or if the clients requests it, the order shall be placed on hold.

Should the Client wish to restart the project at any time after the order has been placed on hold, they will be required to pay a restart fee of $500.

10. Change of Terms and Conditions

Kwokka Digital Website Plan rates are locked in for the client for the initial 12 month term of their contract at the rates listed on our website at the time of the clients order.

Should the clients’ Website Plan agreement be cancelled for any reason during this 12 months, then a new agreement will be required and the Service Provider reserves the right to change the terms and conditions of this agreement as needed. This includes, but is not limited to, the right to revise our subscription rates to reflect newer rates than when the initial order was placed. Agreed rates are only locked in whilst an active Website Plan subscription is in place for 12 consecutive months.

The continued use of the services after said changes constitutes acceptance of those new terms and conditions.

Kwokka Digital Website Hosting & Support Plans are available to clients after their first 12 month Website Plan is complete. Clients subscribe to these on a month to month basis. The Service Provider reserves the right to change the terms and conditions of this agreement as needed. This includes, but is not limited to, the right to revise our subscription rates to reflect newer rates than when the initial order was placed. The client may secure and lock in current monthly rates on Kwokka Digital Website Hosting & Support Plans by paying for 12 months upfront.

In the case of non-acceptance to any new terms and conditions, the Client may terminate this Agreement in accordance with the cancellation policy provided under section fifteen (15).

The Service Provider shall give thirty (30) thirty days notice prior to changing subscription rates of any plans.

11. Notification of Account Changes

The Client agrees to:

Notify the Service Provider of its address, email address, telephone number or billing information changes.

12. Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been given on the date of delivery:

If delivered personally to the party to whom notice is to be given;

If sent by email to the party to whom notice is to be given;

Or on the third day after mailing by express post.

If an organisation is the subscriber, the individual signing up for Kwokka Digital services, represents that he or she is duly authorised to enter into this Agreement on behalf of that organisation.

In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within the Service Provider’s state, before instituting litigation.

13. Payment, Refunds, Upgrading and Downgrading Terms

A valid credit card is required for paying accounts.

Our billing cycle is on the 1st of each month. If you subscribe to a plan on a date other than the 1st of the month, you will be billed a prorated amount for the period of days between your subscription creation date and the 1st of the next month, plus your first full monthly installment in advance. Your next payment won’t be billed until the following month. The total amount billed over 12 payments will remain the same.

For Clients in Australia, all fees include GST. However, for international Clients, all fees are exclusive of any tax and other duties.

For any upgrade in plan level, the credit card supplied by the Client will automatically be charged a prorated invoice amount for the period from the date of the subscription change to the 1st of the next month (the service providers billing date) and the new rate will be applied on the next billing cycle, provided 48 hours notice has been allocated to the upgrade/downgrade.

For any downgrade in plan level, the Client will issued prorated credits for the unused period from the date of the subscription change to the 1st of the next month (the service providers billing date) and the new rate will be applied on the next billing cycle, provided 48 hours notice has been allocated to the upgrade/downgrade.

Clients who have signed up to one of our Website Plans will be billed for 12 consecutive months. At the end of 12 months from the date of the clients initial order, and so long as all payments are up to date, no further payments will be billed.

At the end of this 12 month period the client has the option to sign up to one of our Website Hosting & Support Plans. This will require a new agreement and subscription. At the end of the clients 12 month agreement the client wants to move the website away, the client will need to arrange to migrate the site to a new host. Kwokka Digital will supply all necessary credentials to help the client in this process. If the client required us to migrate the site/ liaise with the new host an additional fee will be charged.

Clients are eligible to a 100% refund of any monies paid, within 30 business days of their initial website order/ first monthly payment if they are dissatisfied with the quality of services provided. No questions asked.

After the 30-day period, clients will no longer be eligible to receive a full cash refund. However, clients who choose to discontinue their website build after the 30-day period may be eligible for a credit, subject to a non-refundable administrative fee of $250, under the following conditions:

The website build has not commenced;

The client must NOT have initiated the process of domain mapping to make their website live, as this constitutes acceptance of the services as fully completed; and

The credit may only be redeemed for other products or services offered by Kwokka Digital.

This refund and credit policy exists to protect Clients against the potential of poor work quality. As such, refunds will not be granted for any other reasons including but not limited to; change of mind, closing or liquidation of business, or financial hardship.

Several types of products are exempt from this guarantee including:

G-Suite or Outlook/ Office 365 setups;

MailChimp setups; and

Additional third-party integrations billed to the customer separately to the website design and development.

To request for refund, submission must be made via email to hello@kwokkadigital.com.au.

14. Account Terms

The client agrees that:

• He/She must be 13 years or older to use the service.
• He/She or his assignee when approved by the Service Provider, is a human being; Accounts registered by “bots” or other automated methods are not permitted.
• He/She shall provide his legal full name, a valid email address, and any other information requested in order to complete the signup process.
• He/She is the owner of the credit card supplied. If another person or company owns the credit card provided, he undertakes to have the proper authority to validly use the same and assumes all legal responsibility thereto towards the real owner thereof or to Kwokka Digital, should reimbursement is necessary.
• Login may only be used by one person – additional logins for the same account can be requested by contacting hello@kwokkadigital.com.au.
• He/She is responsible for maintaining the security of the account and password. The Service Provider cannot and will not be liable for any loss or damage from the failure of the Client to comply with this security obligation.
• He/She is responsible for all Content posted and activity that occurs under his account (even when Content is posted by others who have accounts under the Client’s account).
• He/She shall not use the Service for any illegal or unauthorized purpose.
• He/She must not, in the use of the service, violate any laws. (including but not limited to copyright laws).

15. Cancellation and Termination

To cancel your subscription and terminate your agreement at any time simply email hello@kwokkadigital.com.au.

Kwokka Digital’s Website Plans are delivered as a subscription service. To use the website developed for the Client at the commencement of this service, and any services rendered thereafter,  the Client must continue to pay the relevant subscription fee applicable until the end of the agreement (12 months) or arrange a buyout of the website prior to this date.

The buyout fee is the balance owing on the agreement at the time of cancellation plus a fee of $150 to migrate your website to a new hosting server of your choosing. Additional charges will apply to transfer software and plugins into the clients name as the Service Provider includes the use of Developer Licenses in monthly website plans and website support plans. Cancellation and buyout can be arranged by emailing us at hello@kwokkadigital.com.au. 

The Content of the Client’s website will be immediately deleted from the Service upon cancellation. This information cannot be recovered once the account is cancelled unless otherwise arranged through written notice via Kwokka Digital.

The Service Provider reserves the right to refuse service to anyone for any reason at any time.

16. Modifications to the Service, Subscription and Prices

The Service Provider reserves the right to modify the service (or any part thereof), that includes modifying Monthly Subscription pricing,  provided Clients are notified a minimum of 30 days before subscription or pricing increases. (Please note: this does not apply to active Website Plan subscriptions whose accounts are are in good payment standing. Monthly rates for these accounts are locked in at the time and date of their initial order for a period of 12 months).

Should the Service Provider decide to discontinue the service permanently, it shall ensure that Client has continued use for their website and agrees to notify the Client at least 60 days beforehand.

Prices of all Services, including but not limited to monthly subscription plan, are subject to change upon 30 days’ notice. Such notice may be provided at any time via email and by posting the changes to the Kwokka Digital’s website.

The Service Provider shall not be liable for any modification, price change, suspension or discontinuance of the Service.

17. Copyright and Content Ownership

The Service Provider claims no intellectual property rights over the material provided by the Client for use on their website.

The written content, photos, user data and materials uploaded on the Clients website remain the Client’s property. However, by setting the pages to be shared publicly, the Client agrees to allow others to view and share the Content.

The Service Provider does not pre-screen content provided by the Client, and will not be liable for any copyright disputes the Client may have resulting from content posted on their website. By supplying the content to the Service Provider the Client confirms that they own the right to publish such content.

The Service Provider does not pre-screen content provided by the Client and will not be liable for any copyright disputes the Client may have resulting from content posted on their website, but Kwokka Digital and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any. Content that is made available by the client via the Service.

The look and feel of the website produced for the client is copyright Kwokka Digital, All rights reserved. Client shall not duplicate, copy, or reuse any portion of this website without the express written permission of the Service Provider.

18. General Conditions

The subject headings of the articles and sections in these terms are for convenience only, and shall not affect the construction or interpretation of any of its provisions.

If any portion of this Agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this Agreement shall remain in force.

This Agreement constitutes the entire Agreement between the Service Provider pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings.

No waiver shall be binding unless executed in writing by the party making the waiver.

The Client’s use of the Service is his sole risk. The service is provided on an “as is” and “as available” basis.

Technical support is only provided to paying account holders and is available via email, our Online Customer Portal and Telephone.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Kwokka Digital customer, employee, member, or officer will result in immediate account termination.

The Client understands that the technical processing and transmission of the Service, including its Content, may be transferred unencrypted and involve

transmissions over various networks; and

changes to conform and adapt to technical requirements of connecting networks or devices.

You must not transmit any worms or viruses or any code of a destructive nature.

Whilst Kwokka Digital promises to always work to provide the best service possibly, they provide no warranty or guarantee that;

The service will meet your specific requirements and expectations;

The service will be completely uninterrupted, timely, secure, or error-free;

Leads, sales, revenue numbers or any other specific business results will be achieved through the use of our service.

Questions about the Terms of Service should be sent to hello@kwokkadigital.com.au