Terms and Conditions.
1. Introduction
Welcome to CrescoSpec! By accessing and using our website management services, you agree to comply with the following terms and conditions. Please read these terms carefully before engaging our services. If you do not agree with any part of these terms, you should refrain from using our services.
2. Services Offered
CrescoSpec provides various website management packages, which include, but are not limited to:
- Website design and development time
- User-friendly feedback systems
- Comprehensive website security, including:
- Malware Removal: Swift elimination of malware and viruses, SEO spam repair, and blocklist status resolution to keep your site clean and secure.
- Boost Performance: Speed optimization, multiple caching options, and high availability with redundancy to ensure fast and reliable website performance.
- Firewall Protection: Robust firewall security with geo-blocking, prevention of zero-day exploits and DDoS mitigation, ensuring protection against various threats.
- Website Backups: Regular backups of website files and databases on secure servers, with all files stored in a remote location for safekeeping. (See section 10 for stipulation on potential backup issues.)
- Dedicated expert support
3. Maintenance Package Details
Each of our website maintenance packages includes a defined number of design or development hours, which can be used for website updates and adjustments. Unused hours compound up to a maximum of 3 months. The hours allocated for each package are as follows:
- Maintain Plan: Includes 1 hour of design or development time per month, compounding for up to 3 months (i.e., a maximum of 3 hours if unused).
- Optimize Plan: Includes 3 hours of design or development time per month, compounding for up to 3 months (i.e., a maximum of 9 hours if unused).
- Expand Plan: Includes 6 hours of design or development time per month, compounding for up to 3 months (i.e., a maximum of 18 hours if unused).
Unused hours beyond the 3-month compounding period will expire. Any additional work beyond the allocated hours will be billed at a rate of $130 per hour + GST.
4. Task Completion Timeline
For all tasks requested as part of your allocated design or development hours, CrescoSpec will complete the tasks within 7 business days, unless additional time is required due to the complexity or size of the task. In such cases, the client will be informed promptly with an updated timeline.
5. Payment Terms
All services are provided on a subscription basis with a minimum commitment of 12 months unless otherwise agreed upon. The initial subscription fee will be charged automatically on a monthly basis via the payment method provided by the client.
Any additional hours worked beyond the allocated hours in your package will be billed individually at $130 per hour + GST, and these charges will be invoiced separately.
Failure to make timely payments may result in the suspension or termination of services.
6. Client Responsibilities
The client agrees to:
- Provide accurate and up-to-date information required for the provision of services.
- Ensure their website complies with applicable Australian laws and regulations.
- Maintain an active hosting account and provide access to necessary tools and platforms for us to manage their website.
7. Intellectual Property
All intellectual property created as part of CrescoSpec’s website management services remains the property of the client once the monthly invoice has been paid in full. This includes all design, development, and content work done during the term of service. CrescoSpec retains no ownership over any intellectual property after payment is complete.
8. Cancellation Policy
In the event that the client cancels their subscription before the end of the 12-month term, the client agrees to pay the full remaining amount due for the entire term. This amount will be calculated based on the number of months remaining on the agreement.
9. Limitation of Liability
CrescoSpec will not be held liable for any direct, indirect, incidental, or consequential damages resulting from the use or inability to use our services. This includes, but is not limited to, loss of revenue, data, or goodwill. We comply with Australian Consumer Law, and nothing in these terms excludes any guarantees or rights you may have under Australian law.
10. Backup Limitations
CrescoSpec provides regular backups of your website files and databases to secure servers as part of the service. However, we do not guarantee that backups will be free from corruption or damage. Although we take precautions to ensure the safety of your data, CrescoSpec is not liable for any corrupt or incomplete backups that may occur. Clients are encouraged to maintain their own additional backups as an extra safeguard.
11. Termination
Both parties may terminate the agreement by providing written notice 30 days in advance. CrescoSpec reserves the right to terminate services immediately if the client fails to adhere to the terms of this agreement, including non-payment or misuse of services.
12. Amendments
CrescoSpec reserves the right to modify these terms and conditions at any time. Clients will be notified of any changes, and continued use of services following such changes constitutes acceptance of the revised terms.
13. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Australia, and any disputes will be subject to the exclusive jurisdiction of the courts in NSW, Australia.