Terms and Conditions

Terms and Conditions ("Terms")

These are the standard terms and conditions for our Services ("Services") and apply to all contracts and all work undertaken by My Industry Brand ("us", "we", "our") for its clients during the lifetime of their Subscription ("Subscription") with us.

Supply of Materials

You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.

Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

Variations

We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.

Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $100.00 per hour.

Project Delays and Client Liability

Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

Approval of Work

On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed.

Rejected Work

If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

Warranty by you as to Ownership of Intellectual Property Rights

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

Licensing

Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the duration of your subscription with My Industry Brand.

Search Engines

We do not guarantee any specific position in search engine results for your website. We perform our search engine optimization according to current best practice.

Consequential Loss

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

Disclaimer

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of My Industry Brand under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

Subcontracting

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

Non-Disclosure

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

Ownership of Domain Names and Web Hosting

Domain names and website content registered or created by us on your behalf as part of your services shall remain under the ownership and control of My Industry Brand for the duration of your subscription with us. Upon termination of services, should your account be in good standing, we will transfer domain ownership to you along with your packaged website and assets.

Cross Browser Compatibility

By using current versions of well supported content management systems, we endeavor to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

E-Commerce

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify My Industry Brand and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

Termination

We may terminate or suspend any Subscriptions and all Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provision, warranty disclaimers, indemnity and limitations of liability.

Clients may terminate or suspend Subscriptions and Services only with written notice of at least 60 days, or where an exception has been explicitly made in writing by a representative of My Industry Brand. Failure to give the appropriate notice or pay for outstanding balances on your account may result in, including, without limitation, confiscation of assets, and legal action.