Terms and Conditions

The content we have placed on this website is for general information purposes only. It is a representation of our business and activities, past and present and we make no other representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability with respect to the information, products, services, or related graphics and videos contained on this website for any other purpose than as stated herein. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising out of or in connection with the use of this website.

Through this website you are able to link to other websites for convenience, some of which are not under the control of IML Digital Media. Links to other websites do not constitute endorsement of material at those sites, or any associated organisation, product or service. Before relying on our material for any important matter, viewers should carefully evaluate its relevance for their own particular purpose.

In some instances, our ideas, concepts, designs and finished materials may incorporate or summarise views, approaches, guidelines or recommendations of third parties in collaboration. Such material is compiled or generated in good faith and may not necessarily reflect the considered views of IML Digital Media, nor indicate our commitment to a particular course of action.

While every effort is made to keep our website functioning effectively, IML Digital Media is not responsible nor liable for the website being temporarily unavailable due to technical or hosting issues or third-party hack attacks, that are outside of our control.

Terms of Service and Outsourcing

IML –  Provision of Website Services for Small Business

The following information sets out our terms of acceptable use of and access to our services – specifically relating to website development, outsourcing suppliers, hosting and site maintenance.

Due to increasing complexity of the worldwide online eco-system, its demands require extremely diverse, up-to-date skillsets: technical, applications, marketing, data analysis, and social media. Best-of-class service providers are not domiciled locally, nor collectively employed in one organisation for practical and economic reasons. Therefore it is necessary to out-source.

Website Creation, Design, Production, Progamming

As we are all now in a global collaborative paradigm, international out-sourcing is a natural consequence, depending on the nature and requirements of each business.      So here is what we do for you.

1. Subject to initial discussions with you, we will prepare a preliminary cost estimate for further refinement, together with an outline of proposed tasks.
Once agreed upon, we will draft our Work Agreement and Quotation – call it a ‘Roadmap’ detailing all requirements and designated tasks, schedules, deliverables and by whom.

2. We will set out a variables list that references out-source work required and cost estimates for the fulfilment of these tasks. They may be subject to going rates at the time, location of suppliers for the work or specialised content provision and currency exchange rate fluctuation.

3. We will set up an agreed schedule and deadlines for the supply of content and services – either by us, our contractors or you, the client. These are critical to adhere to, so as to ensure the work is completed as stated in the time agreed and budgeted for. Failure to meet these schedules (other than situations outside the control of either party), will incur extras costs, or cessation of all work until the requirements are fulfilled.

4. Additional content, production and service variations will be costed, mutually agreed and detailed in an Annex Schedule, to be signed by both parties prior to commencement of any further work.

5. Payment Terms: 50% Deposit on the total Agreement amount is payable prior to commencement. A further 30% is to be paid on completion of the work with the balance of 20% to be paid prior to transfer of the domain, hosting and C-Panel access to you. In the case of a Site Refurbishment, the full 50% balance is due immediately on completion.

6. Where additional out-sourcing is contracted by IML following agreement by you, an Annex Schedule Variables Quotation will be raised whereby 75% of the amount is due on commencement of this work, with the 25% balance due immediately upon completion. Out-sourcing organisations have their own strict terms of compliance and regulatory requirements for their members, to assure quality work fulfilment through an open testimonial practice.

7. No additional work will be undertaken or charged for by IML unless agreed to in writing by both parties.

8. IML reserves the following Rights: (a) to withhold the formal transfer of any or all work until all accounts are paid in full and (b) the right to recover the costs of outstanding invoices including but not limited to, any legal costs associated with collection.

Website Hosting Services and Ongoing Support

Access to the internet brings with it strict adherence to behaviour and international governance policies which must be complied with. Hence, your hosting services are a privilege and not a right.

Acceptable Policy

IML will provide you an Acceptable Policy Guide for your signature if you wish for us to provide hosting and monthly site maintenance.

 Website Hosting, Maintenance, and Security

Content may require updates, become superseded or business and site requirements may grow. Content Management Systems (CMS) on quality website hosting platforms, enables you to do this yourself. Alternatively, you may elect to have us do this for you. There are many reasons for ongoing maintenance and support; notwithstanding, hackers and other malfeasants that trawl the web, often causing site disruption and other misdemeanours like viruses and malicious scripts.

Please note that if for any reason the site is partially or totally corrupted through an infection, or your own attempts to maintain it, we will have to requote for an overall reparation. In the case of malware, for security purposes the web hosting platform will demand it to be taken down until it is fixed. Should you choose to manage your own site, you are responsible for backing it up and maintaining the security of your account.

Ongoing Support Services you will generally require:

maintenance of domain name registration, monthly website hosting, continued website design and development, technical support, continual search engine optimisation (seo), supply of stock images or contracting and supervising relevant content suppliers and perhaps writers and bloggers, labour to complete the project goals, technical support for upgrades as online Applications, plug-ins and version updates continually change.

Services can be flexibly crafted and regularly modified to suit your needs, whereby IML will draft or update an agreed monthly package and price, payable in advance by a Direct Debit account at the beginning of each month.

IML reserves the right to refuse support and assistance if for any reason accounts are over 30 days in arrears. This may result in temporary or permanent website suspension and cessation of email functionality.

Above all else, open and honest dialogue between you and us is the key to a long and successful on-going business relationship.

Search Engine Optimisation (SEO)

SEO is a service provided and quoted for by IML. This service is non-refundable as it is impossible to issue ranking guarantees for optimal ranking of on-page placement. Obviously, the objective is to reach page #1 for organic searches. This can take up to 12 months or more if at all. Effective ranking is also subject to the quality and price of your products, services, information, customer benefits and solutions you provide in your offering by comparison to competitors. As well, their duration of website presence.

Many variable factors can affect ranking behaviour such as changes to platform algorithms which often occur, or changes to competitive content, business locality and areas of operation, along with myriad other factors.

SEO is also a collaborative process with you, whereby you need to regularly inform us of updates on your business, products or services and any additional benefits these bring to your prospects.

IML makes no claims to have influence over search engine behaviour in respect to Google or any other Platform or organisation, but we do undertake to make every reasonable effort to apply ethical techniques and approaches to the application of optimising your website presence.

Website Hosting and Billing

Domain name registrations are non-refundable. Payment for your website hosting is due when it’s installed and for the period agreed when ordering. Renewal invoices via email are sent 30 days prior to the anniversary date and payment must be made promptly to avoid service disruption. Overdue accounts will receive three email alerts after the due date and on the 5th day the account will automatically be suspended pending payment. Suspension will put the website offline, emails and access to the C-panel will also cease. Reinstatement of your account resumes once payment is made.

If you are managing this, it is your responsibility to respond to payment reminders and arrange for payment by the due date. Refunds for website hosting will be given at the discretion of the host and may involve a pro rata compensation for the unused period.

Should IML handle this for you, we may terminate any account with no refund to you in the event of your breach of any of the terms or conditions contained herein.  A data retrieval fee will also be charged by IML for supply of a website backup archive following an account termination after the account is put offline.

Account Suspension, Cancellation or Termination

Suspension: Overdue unpaid invoices for accounts or for hosting accounts are sent out by email 30 days prior to the due date.  It is your responsibility to ensure that your email address is up to date.  Reminder emails are sent warning you of a pending due date.  Emails are also sent at regular intervals after the due date has passed without payment.  Three warning emails are sent to overdue account holders.  If after 5 days of non-payment the account is scheduled for suspension on the 5th day automatically.  Accounts can be un-suspended when payment is made on the overdue account. 

Cancellation or Termination: Any of these actions must be clearly specified in writing to avoid any misunderstandings. IML will not accept verbal or telephone requests.

Overdue Account Termination

Should a hosting account be suspended, and the account remain unpaid, if there is no cancellation request made, the account will be scheduled for termination in 60 days.  All website files and email accounts will be deleted from the server after 61 days.  It is your responsibility to ensure they have all been backed up and your copy of the entire account has been downloaded to your local computer using the Cpanel Backup Wizard.  This must include all website files, images, database and your email account including all emails.  No responsibility is taken for the loss of data after termination.

Network Performance

IML gives no assurance of network performance. We will do what is required to optimise your website across platforms, but services can be impacted by your service provider or other factors outside of our control. The recommended host platform should have high speed drive arrays for optimal delivery performance, but this may be affected by your own decisions and choice as to who you go with.

LIMITATION OF LIABILITY

ALL SERVICES ARE PROVIDED ON AN “AS IS AND “AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED IN WHOLE OR IN PART.

Where referring to the ‘Customer’ we are referring to ‘you’ as being the ‘Customer’. IML is not responsible for any Customer files residing on any Network or Host Website Service Provider Network. Every Customer is responsible for independent backup of all such data at a site determined by the Customer. IML cannot and does not exercise any control whatsoever over the information passing over a network or through the Internet. Nor is IML responsible for any data loss or damage arising from viral infection from the Internet.

IML and/or its contributors shall have no liability whatsoever to any Customer for any claim(s) relating in any way to: any inability or failure to perform research or related work to any subjective standard, or for any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to any Customer rights hereunder or use of, or inability to use IML for any particular out-sourcing or hosting provider services.

IML is not responsible for any damage suffered by you, the Customer, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by your own negligence or your errors or omissions. Use of any information obtained via IML is at your sole risk. IML specifically disclaims any responsibility for the accuracy or quality of information provided by you or obtained on your behalf through the Internet, and as a user, you are warned that some Internet sites allow posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable.

IML is not responsible for inadvertent or deliberate access to such material and cannot prevent access or application of such material. It is recommended that each Customer closely monitor use of their account(s) especially in the case of potential use or misuse by malfeasants or minor children. Accounts for minor children must be opened by a parent or legal guardian with their explicit consent.

IML services may only be used for lawful purposes. Transmittal of any material in violation of any international, federal or state regulation is prohibited. This includes, but is not limited to: copyrighted materials, material legally judged to be threatening or obscene, or materials protected by trade secrets or software protected by copyright. You agree to indemnify and hold IML harmless from any claims resulting from your use of a service that damages you or another party. Any access to other networks must comply with the rules appropriate for the other network. Violation of the rules of other networks is grounds for account cancellation. This includes, but is not limited to mass Usenet posting, Usenet cross-posting, mass emailing, and/or the sending of unsolicited email, commercial or otherwise.

IML and its affiliates shall not be liable to you or any other person under any legal theory (including tort or contract): (a) for any direct, indirect, incidental, special or consequential damages in any way related to the product or services provided; (b) nor be liable to for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work-stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages even if IML has been informed of the possibility of such damages, or for any claim by any other party. Uptime guarantees do not include, scheduled or emergency maintenance or network issues.

Notices

IML reserves the right to change its services without notice including but not limited to access procedures, hours of operation, menu structures, commands, documentation, and services offered. Notice of modifications to the Acceptable Use Policy may be adjusted and posted to this page from time to time. You are encouraged to review our current Terms, Conditions, Services, Outsourcing and Privacy Policies on a regular basis. Your use of IML after such notice shall constitute your acceptance of such modifications. You understand that our services may be interrupted for several reasons, including but not limited to NBN frequent Outages, other malfunctions, maintenance and improvement or as required to protect network resources in the event of malfunctions or misuse. You understand that you may not receive advance notification of any such interruption of service. There will be no refunds for scheduled or unscheduled service interruptions. Please note that the NBN Network currently suffers intermittent disruptions that occasionally affect us all, for which we have no control.

Date of current posting – 31 August 2018

TERMS OF SERVICE-IML Digital Media
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