Webcruit Digital Services Agreement

This Digital Services Agreement ("Agreement") is entered into between Webcruit ("we," "us," or "our"), an Australian company, and [Client's Full Name or Company Name] ("you" or "your"), effective as of the date of acceptance.

1. Introduction

‍1.1 Purpose of the Agreement: This Agreement outlines the terms under which Webcruit provides digital services to you, including branding, website design and development, hosting, maintenance, and social media management.

‍1.2 Acceptance: By signing this Agreement or purchasing services through our website, you confirm that you have read, understood, and agree to these terms.

2. Definitions

‍Services: All offerings provided by Webcruit as described in Section 3.

‍Deliverables: Any tangible or intangible items provided through the Services, including logos, designs, and written content.

‍Confidential Information: Non-public information disclosed between parties in any form.

3. Scope of Services

‍Website Design & Development Plan

‍Logo & Branding (if needed)
Website Design and Development
Regular Blog Posts
SEO
Hosting
Lifetime Updates & Maintenance
Ongoing Support

‍Social Media Management Plan

‍Branding (if needed)
3 branded social media posts per week

Combined Website and Social Media Plan

‍Includes all services above

4. Fees and Payment Terms

‍4.1 GST: Fees are exclusive of GST. GST will be added where required.

‍4.2 Payment Schedule: Payments are billed monthly in advance. The first payment is due upon acceptance, then monthly on the same calendar day.

‍4.3 Payment Method: Accepted methods include Credit Card, Direct Debit, PayPal, or Bank Transfer. You authorise us to charge your selected method.

‍4.4 Late Payments: If payment is not received within five (5) days of the due date, we may pause services. We will notify you first and aim to resolve the issue promptly.

‍4.5 Minimum Contract Term: This Agreement has a minimum term of three (3) months. Afterward, it continues month-to-month. Early cancellation may incur fees equivalent to the remaining months.

5. Term and Termination

‍5.1 Term: The Agreement starts on the effective date and runs for a minimum of three (3) months, then continues month-to-month.

‍5.2 Termination by You: After the minimum term, you may terminate with thirty (30) days' written notice. No refunds for partial months.

‍5.3 Termination by Us: We may end this Agreement if there is a material breach not resolved within 14 days of notice. In rare cases, we may also end the Agreement with 30 days' notice if the arrangement is no longer viable.

‍5.4 Effect of Termination: Upon termination, custom branding and social media pages remain yours. Website and hosting access will end, as they are part of the subscription. We offer options to purchase your website outright. Contact us to discuss. Any outstanding fees remain your responsibility.

6. Client Responsibilities

‍6.1 Content and Materials: You agree to provide required materials within five (5) days of request in our preferred format.

‍6.2 Feedback: Please respond to feedback or approval requests within three (3) business days to keep projects on track.

‍6.3 Access: Provide necessary access to domains, websites, hosting, and social platforms.

‍6.4 Legal Compliance: Ensure your content doesn’t violate third-party rights and follows all relevant laws.

‍6.5 Authority: The person signing or approving this Agreement confirms they have authority to act on your behalf.

7. Revisions and Modifications

‍7.1 Revisions: Unlimited revisions to design aspects during the design phase (within four weeks).

‍7.2 Timeline: We aim to complete designs within four (4) weeks, based on your timely feedback.

‍7.3 Limitations: Revisions include layout, colour, and font changes. Major content, structure, or new functionality changes are outside scope.

8. Intellectual Property Rights

‍8.1 Ownership: Once full payment is made, custom logos and branding created for you belong to you.

‍8.2 Third-Party Materials: Remain property of original owners; we grant you a licence to use them within the deliverables.

‍8.3 Portfolio: Unless otherwise requested in writing, we may display completed work in our portfolio and marketing materials.

9. Confidentiality

Both parties agree to maintain confidentiality of shared non-public information.

10. Dispute Resolution

Disputes will first be addressed via good faith negotiation. If unresolved, both parties agree to mediation via the Australian Disputes Centre. Failing that, matters may be taken to the courts of New South Wales.

11. Governing Law

This Agreement is governed by the laws of New South Wales, Australia.

12. Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control, such as natural disasters or government actions.

13. Amendments

This Agreement may only be modified in writing and signed by a Webcruit Director.

14. Support and Maintenance

‍14.1 Support: You can contact us anytime with questions. We aim to reply within 24 hours.

‍14.2 Maintenance: Hosting, updates, and technical support are included. You may request monthly content updates per Section 17.

15. Hosting and Domains

‍15.1 Hosting: Included in your plan, secure and optimised for performance.

‍15.2 Domains: We can purchase and manage your domain. If you provide your own, we can assist in connecting it.

16. Project Timeline

‍16.1 Timeline Goals: We aim to complete branding, web design, and launch within one month.

‍16.2 Dependencies: Your timely feedback and content submissions are essential to meeting this goal.17. Service Details

‍17.1 Website Updates: One update per month (e.g., adding team members or projects) is included.

‍17.2 Social Media:

‍Platforms: LinkedIn, Instagram, Facebook, Twitter/X (others on request)Three branded posts weeklyYou can suggest ideas or updates at least two days before the next post is scheduled

18. Legal ComplianceBoth parties agree to comply with all applicable Australian laws.

19. Subcontracting

We may use qualified subcontractors to deliver services, remaining responsible for their work.

20. Acceptance

By signing below or completing your purchase online, you confirm you have read and agree to this Agreement.









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This Digital Services Agreement ("Agreement") is entered into between Webcruit ("we," "us," or "our"), an Australian company, and [Client's Full Name or Company Name] ("you" or "your"), effective as of the date of acceptance.

1. Introduction

1.1 Purpose of the Agreement: This Agreement outlines the terms and conditions under which Webcruit will provide digital services to you, including but not limited to custom branding, website design and development, hosting, maintenance, and online management services.

1.2 Acceptance: By signing this Agreement or by purchasing our services through our website, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions herein.

2. Definitions

In this Agreement, unless the context otherwise requires:

• "Services" means all services provided by Webcruit to you as described in Section 3 (Scope of Services).
• "Deliverables" means any tangible or intangible materials provided to you as a result of the Services, including logos, website designs, and written content.
• "Confidential Information" means any non-public information disclosed by one party to the other, either directly or indirectly, in writing, orally, or by inspection of tangible objects.

3. Scope of Services

Website Design & Development Plan:

• Logo & Branding (if necessary)
• Website Design
• Website Development
• Regular Blog Posts
• Search Engine Optimisation (SEO)
• Hosting
• Lifetime Updates & Maintenance
• Ongoing Support

Social Media Management Plan:

• Logo & Branding (if necessary)
• Branding graphics for Social Medias (if necessary)
• 3 engaging branded posts per week

Website and Social Media Management Plan:

• Logo & Branding (if necessary)
• Website Design
• Website Development
• Regular Blog Posts
• Search Engine Optimisation (SEO)
• Hosting
• Lifetime Updates & Maintenance
• Ongoing Support
• Social Media Management

4. Fees and Payment Terms

‍4.1 GST: All fees are exclusive of Goods and Services Tax (GST). GST will be added to the fees at the current rate as required by law.

4.2 Payment Schedule: Payments are due monthly in advance. The first payment is due upon acceptance of this Agreement. Subsequent payments are due on the same calendar day of each month as the first payment date.

4.3 Payment Method: Payments can be made via Credit Card, Direct Debit, Paypal, or Bank Transfer. You authorise us to charge your selected payment method for the fees due under this Agreement.

4.4 Late Payments: If payment is not received within five (5) days of the due date, we reserve the right to suspend services until payment is made.

4.5 Minimum Contract Term: This Agreement has a minimum contract term of three (3) months. After the initial three months, the Agreement continues on a month-to-month basis. Early termination before the end of the minimum term may result in fees equivalent to the remaining monthly payments due.

5. Term and Termination

5.1 Term: This Agreement commences on the effective date and continues for a minimum of six (6) months, then on a month-to-month basis until terminated by either party.

5.2 Termination by You: You may terminate this Agreement after the minimum contract term by providing thirty (30) days' written notice. No refunds will be provided for partial months.

5.3 Termination by Us: We may terminate this Agreement immediately if you breach any material term and fail to remedy the breach within fourteen (14) days of written notice. We may also terminate the Agreement for convenience by providing thirty (30) days' written notice.

5.4 Effect of Termination: Upon termination, all rights granted to you under this Agreement will cease. You will keep ownership of your custom logo, branding materials, and social media pages. Access to your website and ongoing services will end upon cancellation, as the website design and hosting are part of our subscription service. If you wish to retain your website, we offer options to purchase it outright. Please contact us to discuss these options. You will be responsible for any outstanding fees up to the date of termination.

6. Client Responsibilities

6.1 Provision of Content and Materials: You agree to provide all necessary content, information, and materials required for us to perform the Services within five (5) days from the request. All content must be provided in the formats requested by us.

6.2 Approvals and Feedback: You agree to respond to our requests for feedback or approval within three (3) business days. Timely feedback and approvals are essential to the progress of the project.

6.3 Access: You will provide us with necessary access to your existing websites, hosting platforms, domain registrar, and social media accounts as required.

6.4 Compliance: You are responsible for ensuring that all content provided does not infringe any third-party rights and complies with all applicable laws and regulations.

6.5 Decision-Making Authority: You represent that the person signing this Agreement or providing approvals has the authority to make decisions on behalf of your organisation.

7. Revisions and Modifications

7.1 Unlimited Revisions: During the design and development phase, you are entitled to unlimited revisions to the design aspects of the project.

7.2 Design Phase Timeline: We aim to complete the design phase within a maximum of four (4) weeks. We actively work on revisions until you are satisfied within this timeframe.

7.3 Revision Limitations: Revisions are limited to design elements such as layout adjustments, colour schemes, and font changes. Revisions do not include significant content creation, new functionality, or structural changes beyond the original scope.

8. Intellectual Property Rights

8.1 Ownership of Deliverables: Upon full payment of all fees due, we assign to you all rights, title, and interest in and to the deliverables created specifically for you under this Agreement, including your custom logo and branding materials.

8.2 Third-Party Materials: Any pre-existing materials or third-party components incorporated into the deliverables remain the property of their respective owners. We grant you a non-exclusive, non-transferable licence to use such materials as part of the deliverables.

8.3 Portfolio Rights: You grant us the right to display the deliverables in our portfolio, website, and marketing materials unless you expressly prohibit such use in writing.

9. Confidentiality: Both parties agree to keep Confidential Information in strict confidence.

10. Dispute Resolution: In the event of a dispute, both parties agree to first attempt to resolve the issue through good faith negotiations. If negotiations fail, the parties agree to participate in mediation in accordance with the rules of the Australian Disputes Centre. If mediation does not resolve the dispute, either party may pursue arbitration or litigation in the courts of New South Wales, Australia.

11. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts located in New South Wales.

12. Force Majeure: Neither party shall be liable for delays or failures in performance resulting from acts beyond their reasonable control, including natural disasters, governmental actions, or other events of force majeure.

13. Amendment: This Agreement may only be amended or modified by a written document signed by a Director of Webcruit.

14. Support and Maintenance

14.1 Support: You can reach out with questions or requests at any time; we aim to respond within 24 hours. We provide ongoing support as part of your subscription.

14.2 Maintenance: We handle all services involved in running your website, including hosting, security updates, and technical maintenance. Maintenance includes content updates as specified in Section 17.

15. Hosting and Domain Names

15.1 Hosting: We provide fast and secure hosting services as part of your subscription.

15.2 Domain Names: We can purchase the domain name for you at no additional cost, included in your plan. If you prefer to provide your own domain, you are required to allow us to connect it to the website.

16. Project Timeline

16.1 Timeline Goals: We aim to have your logo, branding, web design, and website live by the end of the first month.

16.2 Dependencies: Timely provision of content and feedback from you is essential to meet these timelines.

17. Services Specifics

17.1 Lifetime Updates: You are entitled to make one website change or update per month. Changes can include adding a new team member, updating projects, or similar content updates.

17.2 Social Media Management:

• We primarily cover Twitter/X, Instagram, Facebook, and LinkedIn.
• We can manage other platforms upon agreement.
• Posts are in your branding and are scheduled weekly across agreed-upon platforms.
• You can send any ideas or updates you would like to share two (2) days before the scheduled day to update the next post.

18. Compliance with Laws

Both parties agree to comply with all applicable laws and regulations required for Australian clients.

19. Subcontracting

We may subcontract certain tasks to qualified third parties to provide the Services. We remain responsible for all work performed by subcontractors.

20. Acceptance of Terms

By signing below or indicating acceptance through our online purchasing process, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.

WEBCRUIT DIGITAL SERVICES AGREEMENT