Terms & Conditions

Project scope & timeframes

All services provided by Organik Web are provided as per your proposal and agreement document with Organik Web at the commencement of your project. You will be verbally provided with an approximate schedule and estimated time for completion in the proposal and agreement meeting. The date you sign the agreement is not the start date of the project. Depending on the nature of the project, Organik Web may require you to provide content, media files and any other assets required to complete the project. Any delays in the Client providing these items will subsequently delay the project timeframe.

Deposits

We require a 50% upfront payment before we start the project. This 50% payment is treated as a deposit and is non-refundable. If you discontinue or cancel the project at any time prior to completion of the project, you will be liable for the full cost of the project and/or any additional costs incurred for, but not limited to, subscriptions, third-party software, suppliers and licensing used in the project prior to the cancellation of the project.

After completion of a web project

After the launch of a website, the Client is responsible for backing up their website on a regular basis. If requested to do so by the Client, Organik Web will provide assistance to the Client regarding set up of their website’s backups.

Aftercare Services

As part of these Terms and Conditions, Aftercare Services relates to the Hosting and Maintenance services that Organik Web provides. These Services can either be purchased together or separately, and you can change your Service package at any time.

You can cancel part or all of your Aftercare Services at any time. Any cancellation of Aftercare Services must be advised in writing, and will be processed within 2 business days of receiving the cancellation notice. If the date of the cancellation notice falls within a billing month, you will be required to pay your monthly costs in full for that final month. Any outstanding amount relating to your cancelled Aftercare Service(s) will be calculated based on the date of the cancellation notice, and not the date the actual cancellation of the Service(s) occurs. There are no cancellation fees or notice periods required to cancel your Aftercare Service(s).

Cancelling your Hosting Service will result in the deletion of your website from our servers, including all automated backups captured over the course of the Service period. This is irreversible, and your website, including it’s backups, cannot be recovered once the cancellation is complete. It is the Client’s responsibility to take any required backups or copies of the website before requesting a cancellation. If the Client is migrating their website to a new hosting provider, it is recommend they wait until the transfer has completed before issuing a cancellation notice.

Website Hosting service

Organik Web’s hosting provider is WP Engine. For Clients using our Hosting Service, Organik Web will capture daily automated backups (for a period of up to 40 days) of your website, however, we advise Clients to take their own backups as well. If you opt to capture manual backups using a plugin, please note that WP Engine has some banned plugins that will be automatically removed from your website.

In the event that your website goes down or encounters an error, and it is hosted on a website server other than Organik Web’s WP Engine account, we are not responsible for bringing your website back online.

Organik Web warrants that your uptime availability will be at least 99%, except where the failure results from:

  1. A failure or malfunction in relation to any device or equipment, any software or power supply outside our control, unless caused by our wrongful act or omission.
  2. Your act or omission (or a person under your direction or control).
  3. A failure or malfunction of any software forming part of the Services, that was accepted by the customer without having been subjected to a testing regime due to its time or critical nature, including updates, patches, definitions etc.
  4. During scheduled maintenance windows, and any emergency maintenance and upgrade work.
  5. A requirement, direction or any other order issued by a court, government authority, administrative or judicial body.
  6. unauthorised or illegal access by any party to any party of the computer systems used to provide the Services including hacking, cracking, virus dissemination and denial of service attacks.
  7. Any false breaches reported as a result of outages or errors of any Organik Web measurement system.
  8. DNS propagation.

Uptime SLA

If in any calendar month, should we fail to meet the Uptime SLA, we will refund to you, as your sole right or remedy, a 100% credit of the fees for the relevant Service in that month. Service Credits are calculated against that month’s web hosting fees and charges only. You must request a Service Credit in writing via our email address hello@organikweb.com.au.

All requests must be made within 30 days of the Uptime SLA breach occurring, and you must provide Organik Web with details of the breach claimed for verification purposes. If the breach is confirmed by Organik Web (based on Organik Web’s records obtained from its monitoring services) to have occurred, then Organik Web will, within 60 days of your request being received, apply the relevant Service Credit to your account.

Organik Web will provide information regarding uptime and access to Organik Web’s records from its monitoring services as reasonably requested by the Client from time to time to assist the Client with monitoring uptime performance.

You will not be entitled to receive a Service Credit if, at the date of your request for a Service Credit, you are in breach of any of your obligations under your Agreement and these Terms and Conditions, including the obligation to pay Fees.

You will be entitled to make only 1 claim for a Service Credit per month.

WordPress Maintenance service

The majority of website’s built by Organik Web are built using WordPress as the CMS (content management system). Clients using WordPress are advised to keep their website up-to-date with regular plugin, theme and core updates to ensure their website is running optimally and securely.

If your website is built by Organik Web, your website will be built using the latest version of WordPress available at the time of development.

If you opt in to a Maintenance Service with Organik Web, we will take all reasonable steps to keep your website up-to-date on your behalf. However, you understand that WordPress is an open-source CMS and subject to changes in its core that may cause bugs or site breaking errors on your website, which are outside of our control. Additionally, any changes to third-party plugins your website uses are also outside of our control.

As such, you understand that updates to the WordPress core, or any third-party plugins, fall outside the reasonable guarantee Organik Web can provide.

For this reason, we do not recommend Client’s use the ‘Automated Updates’ feature in WordPress.

WordPress updates & guarantee of work in relation to your Maintenance service

In the instance that an update causes errors on your website, we will endeavour to fix the issue, as part of the terms of your Maintenance package. If your website was not built by Organik Web, such work may incur additional costs depending on the severity of the issue and time required to rectify it.

Should any fix require extensive work, we will notify you in the first instance, where you may opt to either:

  1. Proceed with the proposed changes, including any costs outlaid by Organik Web to complete the work outside of your ongoing Fees.
  2. Revert your website to the most recent backup prior to the update. You understand that opting to do this will prevent us from updating the component in question in the future, which may cause issues later.

Any such instance will not affect the ongoing price of, or requirement for you to make payments for, your Maintenance Service.

We continually monitor the current and planned future state of WordPress, and we may, at our sole discretion, opt not to run certain updates that may cause potential issues with your website.

Ad hoc development services

You may engage Organik Web at any time to perform ad hoc web development work, either for a website built by Organik Web or a website built by a third-party.

If your website was built by a third-party, you will receive an estimate for the work based on Organik Web’s initial assessment of the existing website (including the theme or templating tool in use, plugin dependencies, scale and complexity of the code in place etc) compared to the changes requested. You understand there may be limitations to the extent of work that Organik Web may reasonably offer or undertake when working on websites built by third-parties, including unforeseen consequences of performing the work after commencement. These may include:

  1. In the case of WordPress websites, use of any paid or pre-made themes, where modifying code is restricted to the use of child themes or any custom code functionality the theme may provide.
  2. Limitations on capabilities of third-party plugins in use.
  3. Where the changes to the website may cause further or greater issues, or go against any best-practices or legal requirements. These may be discovered after work has commenced, and you understand that these often cannot reasonably be foreseen.

If the scope of work agreed to changes during the course of the work (including but not limited to the possible reasons listed above), Organik Web may, at their sole discretion, modify the costs of the work quoted as follows:

  1. If the cost of work is greater than estimated, Organik Web will discuss the circumstances and requirements with you, provide updated cost estimates and seek your approval prior to continuing work. In this instance, you will be given the opportunity to cancel the work, and if you opt to do so, you may be charged for any work completed to date on the project. You understand that cancelling the work may require the work already completed to be reversed, depending on the circumstances.
  2. If the cost of work is less than estimated, Organik Web may reduce the final costs to reflect the actual work undertaken.

Acceptance of Terms & Conditions

Upon signing a proposal or quotation document supplied to you, you acknowledge that you have read and understood these Terms and Conditions and agree to them without limitation.