Terms and conditions

Last updated: 26/05/2024

By accessing our website, you agree to comply with and be bound by the following Terms and conditions of use. These Terms and conditions govern your use of our website. By accessing or using our website, you accept these Terms and conditions in full. If you disagree with any part of these Terms and conditions, you must not use our website. In short, you are engaging Adam Kolinski as an independent contractor. You authorise Adam Kolinski to fulfil any work established in communication. You have the power and ability to enter into this agreement on behalf of your company.

1. Intellectual property rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

2. License to use website

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • Republish material from this website (including republication on another website) without permission to do so;
  • Sell, rent or sub-license material from the website;
  • Reproduce, duplicate, copy or otherwise exploit material on our website;
  • Redistribute material from this website unless it is specifically made available for redistribution with permission from the owner. If such content is made available, it may only be redistributed within your organisation.

3. Use of website

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website, or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. This includes refraining from conducting any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our website without our express written consent, as well as refraining from using our website to transmit or send unsolicited commercial communications. Users are expected to conduct themselves in a manner that is respectful and lawful while using our website, refraining from posting or sharing any offensive, abusive, defamatory, or illegal content, engaging in harassment or discrimination of any kind, or violating the rights of others, including intellectual property rights.

4. Websites

You are hiring Adam Kolinski for a service at an hourly or monthly subscription cost. You agree for us to subcontract any services as we see fit. All our websites are offered on a pay monthly subscription. We created this pricing model to remove large upfront costs for businesses wanting a website. Any extra features can be included/discussed in the monthly subscription or invoiced separately at our hourly rate for the development of the extra feature.

4.1 How do I cancel my website subscription?

Our websites are structured as monthly subscriptions. Your website will stay active as long as you have a subscription. You can cancel anytime without penalty after 12 months. If you choose to cancel before 12 months, you’ll be required to settle any remaining monthly invoices. Please be aware that upon cancellation, all website files will be deleted, and the website will be taken offline.

4.2 Commerce

You agree that you are responsible for complying with all relevant laws relating to a website with an online store. You agree to hold harmless, protect, and defend Adam Kolinski from any claim, suit, penalty, tax, or tariff, which may arise from your exercise of commerce. You agree that Adam Kolinski can terminate this agreement and shutdown the website if it is selling unethical products.

4.3 Breaking changes

You agree that Adam Kolinski is not held responsible for any changes you might make to your website. You agree that if you make a change that breaks the website Adam Kolinski will charge you at an hourly rate to fix the problem.

4.4 Third party plugins

During the development of the website, we may include plugins to improve functionality on your website. These include but are not limited to contact forms, booking systems and shopping carts. These are third-party apps developed by other companies. You agree that Adam Kolinski cannot be held responsible for any loss of service or malfunction that may occur in relation to these third part plugins.

4.5 Backups

We will automatically take a backup of the database for your website once a week, and we will keep that backup for 90 days. You agree that you are responsible for organising database backups that are more regular. Please let us know if this is a feature you’d like provided. Any time spent to organise automatic backups or restoring a website will be charged at our hourly rate. You agree that Adam Kolinski is not liable for any downtime you may experience.

4.6 Functionality

You agree and understand that the functions contained on your website will not always be error-free. You agree to not hold Adam Kolinski liable for damages, lost profits or other special situations. Any problems with functionality should be raised with Adam Kolinski in written format. We can then help fix any issues which will be charged at our hourly rate.

4.7 Licensing

On a monthly website subscription if you have paid our latest invoice in full, we grant to you a license. You can use the website and its related software and contents for the life of the monthly subscription.

4.8 Copyrights

You agree and understand that any content you provide is your own. This includes text, graphics, photos, designs and any material included on the website. Adam Kolinski will not hold onto any files upon termination of this agreement. You may request the files that relate to your project whilst the services are still intact. You own the text, photographs and other data unless someone else owns them. Adam Kolinski owns the code, and we license it to you for use only on this project. You allow Adam Kolinski to publicise their completed work unless an NDA or written agreement has been signed.

4.9 Photographs

You agree to supply us photographs in digital format if so required. To create visual impact on our website’s photos must be of high quality. If we choose to buy stock photographs we can suggest vendors of stock photography. Buying stock photograph will be charged separately. Any time spent purchasing stock photography will be charged at our hourly rate.

4.10 Project delays

Any time frames or estimates that we give are contingent upon your full cooperation. During development there is a certain amount of feedback required to progress. You agree to have a single point of contact with Adam Kolinski from your end. This way our communication reduces any underlying risk. You agree to have daily online communication with Adam Kolinski.

4.11 If our service stops

Adam Kolinski retains the right to cancel any website subscription and take down the website and any services affiliated. We will cancel any client costs if this is the case. The client will be notified of any service changes before they happen.

4.12 Search engine optimisation (SEO)

Adam Kolinski will optimise your website with meta titles and descriptions. We will thereafter submit the project to Google’s Search Engine. The above is included in all our website subscriptions. We do this because it is best practice to do so. This will help with ranking your website on Google. You agree and understand that this doesn’t mean that you will be ranked on the first page of Google. Adam Kolinski can help provide more SEO consulting which will be at the cost of our hourly rate. If you want to improve your SEO ranking by using other strategies feel free to get in touch to discuss.

4.13 Hosting, domain names and email addresses

Our website subscriptions include hosting, a domain name and 1 custom business email. Any other email addresses will cost an additional fee. Other features that you may need to purchase will be charged additional on top of your current website subscription. We provide the domain name on the HTTPS protocol by issuing an SSL certificate. Which means your website will be served over the web securely. We use third party providers for these online services. Please notify us if something is wrong with any of these services. Any time spent debugging or resolving issues with these services will be charged at our hourly rate. We are not a website hosting company, although we provide support for these services. Depending on site traffic we may need to scale your hosting plan. If we do need to upgrade your hosting an additional cost will be added to your website subscription. We will make this clear with the customer before going ahead with such an upgrade. Adam Kolinski will not be accountable for occasional downtime. This includes a technical fault, or any other fault caused by a third party.

5. Website design process

We follow our Website design process to implement your website. The website can take 6-8 weeks to finish. Although we can work to tighter deadlines if specified with the client. You agree to fill out our website questionnaire to help start this process.

5.1 Goal identification and Scope definition

You agree to help identify and define the goals of your projects. Any new requirements that are out of scope from the initial process will be taken on a separate analysis. Any new feature request will be analysed separately. A quote will be sent to you for the amount of time it will take. Once accepted we will carry out the work at our hourly rate and invoice you separately. The success of the project relies on timely and good communication. We would like to ensure that all correspondence is professional and accurate to reduce any risk.

5.2 Wireframing and Sitemap

You agree to help in identifying your website’s structure. During the wireframing process we will create a sitemap which outlines a websites information architecture. We will use this information to form your websites navigation.

5.2.1 Website redesign

You are eligible for a complimentary website redesign every five years on selected monthly subscriptions. You can see if it’s included in our pricing tables. Upon request, we can update your website to ensure it stays fresh and aligned with the latest design trends.

5.3 Content creation

You agree to provide us with a document of content for all the pages on your website. We may make changes to the content provided by you. The changes will include optimisations to engage certain keywords. This will help boost your businesses search ranking on Google. You agree to provide us content updates in a well formatted document. You agree that any content provided will be grammar and spell checked. We are not held responsible for any incorrect content provided.

5.3.1 Monthly content updates

Enjoy 30 minutes of free content updates each month with your subscription. Additional work beyond this limit will be billed at our hourly rate. Please submit content updates via email, clearly and concisely outlined. For complex updates, attach a Word document.

5.4 Website development and testing

You agree and understand that the website will work in all modern devices and browsers. You understand that we will not test these websites in old or abandoned browsers. For example, Microsoft Internet Explorer 7, 8, 9 10 and 11 for Windows and Mac. Previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified.

5.5 Launch

A key thing to remember about the launch stage is that it is nowhere near the end of the job. The beauty of the web is that it is never finished. Once the site goes live, you can run user testing on content and features. Track analytics and refine your messaging. Any work that is not specified in the scope of the project will be analysed as a separate task. A quote will be sent for extra work and once accepted charged at our hourly rate.

5.6 Approval of work

On completion of the work, you will get notified and have the opportunity to review it. You agree to notify us in writing or verbally of any unsatisfactory points within 5 business days. Otherwise, we will continue. The project will be deemed as complete, and the website will be launched.

5.7 Rejected work

If you reject any work within the 5 business days, you agree to write to us. Each rejection of work will be analysed against the specification. If a rejection of work wasn’t within the scope of the project, Adam Kolinski can elect to treat this agreement at an end. You agree to pay the invoice for the completed work. Any problems can be resolved at our hourly rate if they were not specified in the Goal identification and Scope definition stage.

5.8 Training and consulting

You agree that we can provide instructions via email, articles and even videos for training and consulting. You agree to watch the video’s provided to train yourself on how to edit content on your new website.

5.9 Marketing and advertising

Part of the process is always keeping customers up to date. By accepting the Terms and conditions you are allowing for us to send you emails about our services.

6. Payment

You agree to make payments for any services on time and the exact amount specified by Adam Kolinski. An invoice will be sent to organise payments.

6.1 Website subscriptions

If you go with a website subscription you agree to set up a monthly direct debit to pay for the website subscription of your choice. You understand that the fee of the direct debit may change over time. You agree to update the fee of any direct debit as requested.

6.2 Fixed cost work

We do offer fixed cost work for our services. You agree to pay an initial 50% deposit before any work commences. The initial 50% deposit is non-refundable. You agree to pay the final 50% upon completion.

6.3 Hourly charged work

For any work that is charged at an hourly rate, you will receive an invoice for the work. You agree to pay the fee for the work by the due date on the invoice.

6.4 Additional expenses

You agree to reimburse Adam Kolinski for any critical client requested expenses. For example, the purchase of fonts, photography or software.

6.5 Late payments

To avoid any late payment interests, it is agreed that payment will be made promptly in Australian dollars (AUD) to the specified account of Adam Kolinski. Adam Kolinski retains the right to restrict access to the project on the internet until full payment is received or in the event of a delayed payment. In case of anticipated payment delays, please contact Adam Kolinski to arrange an alternative agreement. A 5% interest will be charged on outstanding amounts if payment is more than 30 days overdue, with an additional 5% increment every subsequent 30 days of non-payment. After 40 days of non-payment, Adam Kolinski reserves the right to terminate any services.

7. Governing law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of Victoria, Australia. Any disputes arising from these Terms and conditions shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

8. Disclaimer of warranties

While we strive to provide accurate and up-to-date information on our website, we make no representations or warranties of any kind, express or implied, regarding the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

9. Limitation of liability

Adam Kolinski, its affiliates, partners, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, arising from your use of our website or services, regardless of whether such damages are based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. Additionally, you agree that all material on the website will adhere to ethical standards, and Adam Kolinski reserves the right to remove any content deemed unethical or abusive. You also agree not to utilise the web hosting for the website as a file storage facility for large amounts of files. Furthermore, you agree to defend, indemnify, and hold Adam Kolinski harmless from any demands, liabilities, losses, costs, claims, and legal representation fees, including those asserted against subcontractors, clients, or employees. Any disputes arising from this agreement shall be subject to the litigation laws of Melbourne, Victoria, and this agreement shall be governed and construed under the laws of the Australian Government.

10. Privacy Policy & Cookie Policy

Please review our Privacy Policy and then our Cookie Policy to understand how we collect, use, and protect your personal information.

11. Updates

We reserve the right to update or modify these terms and conditions at any time without prior notice. Users are responsible for regularly reviewing these terms and conditions for changes. If any provision of the terms and conditions is found to be invalid or unenforceable, it will not affect the validity or enforceability of the remaining provisions.

12. Contact us

If you have any questions, concerns, or requests regarding our Terms and conditions please don’t hesitate to contact us. We are dedicated to addressing your enquiries and ensuring that your privacy rights are respected. You can reach us via email at adam.p.kolinski@gmail.com or through our contact form on the website.

We will promptly investigate any complaint and inform you of our decision regarding the complaint as soon as reasonably possible upon its receipt.

If we cannot adequately address your concerns regarding the handling of your personal information, you have the option to contact the Office of the Australian Information Commissioner:

GPO Box 5288
Sydney NSW 2001
Tel: 1300 363 992
www.oaic.gov.au

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