Terms And Conditions

The Martian Media Company Pty Ltd

ABN: 11 603 700 483

Terms Of Service

Refunds and Cancellations

Acceptable Use Policy

Privacy Policy

Website Disclaimer

Copyright Notice

Terms Of Service

These are the standard terms and conditions which apply to all Domain names, DNS, websites, and email hosted by The Martian Media Company Pty Ltd.

Summary:

We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. What we do want is what’s best for both parties, now and in the future.

What do both parties agree to do?

You(Client/Customer/Prospect): You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out in the ‘Payments’ section in this contract.

Us (The Martian Media Company Pty Ltd): We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.

Getting down to the nitty gritty

Design

Your website will be based on a website template. These templates are the basis, or the structure of the website. Templates are a framework and the website design is complete when the ‘filler’ copy, images, and logo have been replaced with your copy, images, and logo.

Our job is to personalise it to you and your business. The website template will be adjusted to present your images, text, information, branding, logo, and persona. Please note that our work does not include ‘custom’ changes to the website template. Your website will look and feel the same as the template however, we personalise the aesthetics of the website template to your business.

You’ll have many opportunities to review our work and provide feedback.

The stages of the development of a website can be described below:

1) Information Gathering
In this stage, The Martian Media Company Pty Ltd will request the information it needs to begin planning the development of the website. As the website develops, additional information may be required. The Customer agrees to send the required information in an organised and timely manner.

2) Development
When the information as supplied by the customer has been received and initial planning of the website complete. Development will begin. The time taken to Develop a website is dependant on the complexity and size of the website and The Martian Media Company Pty Ltd will inform The Customer of the Development start date.

3) Review Stage
When the Martian Media Company Pty Ltd declares the website as completed, a URL to the development website will be provided to give The Customer the opportunity to provide feedback on the developed website. The Customer agrees to provide website feedback in a timely and organised manner, and that it is not the responsibility of The Martian Media Company Pty Ltd to follow-up The Customer for feedback or direction not received.

4) Production/Live
On completion of the Review stage, the Customer will provide the required domain name password or domain name login details that enable The Martian Media Company Pty Ltd to put the website into production or make the website ‘Live’ on the Internet. The Martian Media Company Pty Ltd cannot put the website into Production or ‘Live’ until the correct domain name information has been provided.

Updates

After your website template has been rebranded and it has been mutually agreed that the design phase is completed, then you may request updates to the website. Much like the initial design, example of updates include; Updating website copy (add/remove/change), Update new logo, Add/Remove new photos or images, changes to online forms, Adding/removing/updating products, and adding promotional banners.

Examples of requests for updates that are not accepted include; Structural changes to website, a new website, custom functionality or custom changes. You may request additional functionality, such as a request to add a shopping cart when there previously was no cart, in which cases we reserve the right to provide an estimate for completion of the request.

We offer a fully managed website and hosting solution, and as such administration access is not granted to the customer to make their own changes to the website. The only occasions when access is granted is; a) If you have a shopping cart on your website, you will be granted access to manage orders and view reports; and b) If an agreement is made in writing by The Martian Media Company prior to the commencement of your account.

We’re not responsible for writing or inputting any text copy. If you’d like us to write new content or input text for you, we can provide a separate estimate for that.

Photographs and Graphics

You should supply graphic files in an editable, vector or png digital format. You should supply photographs graphics in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.
We may be able to find suitable, free-to-use for commercial purposes, with no attribution required, stock images for use on your website. If you approve The Martian Media Company to use free stock images then you accept responsibility for any copyright or license conditions on these images.

Browser testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

Legal

We can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions. This includes websites that The Martian Media Company develops and hosts on its web servers and websites that The Martian Media Company develops and is not hosted on its web servers.

Warranties and Liability

  • The Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or The Martian Media Company Pty Ltd.
  • The Client agrees that they have the full authority to act on behalf of a company or organisation, a business, or  a domain name license to request the transfer of a domain name between domain name registrars or resellers of domain name registrars, to transfer DNS zones, update name servers, update domain name contact details.
  • Abusive and unethical materials and uses include, but are not limited to: pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, illegal activity, spamming, advocacy of illegal activity, and any infringement of privacy.
  • The Client hereby agrees to indemnify and hold harmless The Martian Media Company Pty Ltd from any claim resulting from the Client’s publication of material or use of those materials.
  • It is also understood that The Martian Media Company Pty Ltd will not publish information over the Internet which may be used by another party to harm another. The Martian Media Company Pty Ltd will also not develop a pornography or warez project for the Client. The Martian Media Company reserves the right to determine what is and is not pornography.
  • The Martian Media Company Pty Ltd does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and / or error-free. The Martian Media Company Pty Ltd will not be held responsible for occasional downtime of email or project due to line interruptions and/or other instances beyond The Martian Media Company Pty Ltd.
  • Whilst we will try to improve your business exposure, we cannot guarantee that our services will increase third party traffic to your website or that such traffic will increase business sales or enquiries.

Indemnification

  • The Client agrees that it shall defend, indemnify, save and hold The Martian Media Company Pty Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with The Martian Media Company Pty Ltd development of the Client’s domain name, DNS, website or email services. This includes liabilities asserted against The Martian Media Company Pty Ltd, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. This includes websites that The Martian Media Company develops and hosts on its web servers and websites that The Martian Media Company develops and is not hosted on its web servers.
  • The Client also agrees to defend, indemnify and hold harmless The Martian Media Company Pty Ltd against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s website or email services. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business. This includes websites that The Martian Media Company develops and hosts on its web servers and websites that The Martian Media Company develops and is not hosted on its web servers.
  • The Client hereby agrees to indemnify and hold harmless The Martian Media Company Pty Ltd, its officers, directors, employees, and affiliates, from any and all claims, liabilities, damages, losses, costs, and expenses (including attorney’s or legal fees) resulting from or in any way related to the Client’s website being hacked or compromised by a third party. This includes, but is not limited to, any data breaches, loss of data, unauthorised access, or any other malicious activity.

Changes to Terms and Conditions

If we decide to change our Terms and Conditions, we will update our Terms and Conditions found on our website: https://martianmedia.com.au/terms-and-conditions/. We reserve the right to modify our Terms and Conditions at any time, so please review it frequently.

It is the responsibility of the customer to seek and ensure that the customer always possesses the latest and most up to date terms and conditions.

Copyrights

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves or that you’ve permission to use them.

Website ownership is from 12 months, subject to all fixed monthly installments being paid over the first 12 month continuous period. If a cancellation occurs within the first 12 months of service, The Martian Media Company holds the ownership rights and reserves the right to administer the website, its design, and content in any way it deems fit including, but not limited to; selling or leasing, the website in whole or in part.

A backup copy of website available only after 12 months continuous paid service on a non-discounted rate. In cases where a discounted rate has been applied to the ‘Payment schedule’ fixed monthly installment, a backup copy of the website is available only after 24 months continuous service.

We’ll own the unique combination of the elements that constitute a complete design and we’ll license that you, exclusively and in perpetuity for this project only unless we agree otherwise. If you decide to cancel your subscription within the first 12 months and would like a backup of the website files and database, you will be required to pay the difference of the remainder of the first 12 months plus a small disconnection fee (details in ‘Refunds and Cancellations’).

We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles, and in books.

Backups

The Martian Media Company Pty Ltd maintains internal backups of active project code and design files. This backup system is not intended as a solution for The Client, rather as a code archive through the duration of this Contract. While The Martian Media Company Pty Ltd backup system is fully redundant, it is not guaranteed. Backups are made daily and are archived for 1 month before being destroyed.

Newsletter

The newsletter services is a ‘MailChimp’ newsletter list that utilises the Mailchimp ‘free’ account. Martian Media will set up the MailChimp account (if not already existing) and the connection between the website and the newsletter list – however, the management of the newsletter is entirely up to the client. Martain Media does not tutor or assist in the management of the newsletter list.

Martian Media will support the connection (i.e. a new subscriber is successfully added to the MailChimp list through a website form) however any issues/help regarding the actual newsletter list are between the client and MailChimp.

Third Party Software/Integrations

The client may request integration between the website and third-party software. Martian Media will review the request and if approved in writing by The Martian Media Company Pty Ltd:

  • You acknowledge that The Martian Media Company Pty Ltd is not responsible or liable for any problems arising from the installation or use of the third-party software or integration;
  • If the third parties provide data or other information for use with the software, Martian Media has no control over the accuracy or completeness of that information;
  • You accept and must comply with the terms and conditions of those third parties relating to their software;
  • Those third parties may invoice you directly for ongoing costs relating to your use of their software;
  • The Martian Media Company Pty Ltd is not liable for any acts or omissions of third party software or integrations with third-party software;
  • The Martian Media Company Pty Ltd does not warrant that integrations with third-party software or applications will work as requested or described;
  • Routine website updates, maintenance, or upgrades may result in the website no longer being compatible with third-party software or applications;
  • The Martian Media Company Pty Ltd offers no support for third-party software or applications.

Furthermore, the client may be liable for charges or fees incurred by The Martian Media Company Pty Ltd for the investigation, troubleshooting, or repair of any product or service affected by the use of third-party software or an integration with third-party software.

Security

Although The Martian Media Company Pty Ltd makes every effort to provide secure Finished Product(s), due to the nature of rapidly advancing technology, The Martian Media Company Pty Ltd can in no way guarantee that the Finished Product(s) will not be subject security breaches.

You acknowledge that we engage third parties to provide technical and operational measures designed to protect your website from malicious activity and provide for the security and integrity thereof. You acknowledge that we are not responsible for any loss or harm suffered by you resulting from a security incident. You are responsible for determining whether the Services meet applicable regulatory standards and otherwise comply with your own security requirements.

While The Martian Media Company Pty Ltd takes reasonable measures to secure the Client’s website, it is impossible to guarantee complete immunity against hacking or other malicious activities. The Client acknowledges that web security is an evolving field, and no system can be deemed impenetrable.

The Client hereby agrees to indemnify and hold harmless The Martian Media Company Pty Ltd, its officers, directors, employees, and affiliates, from any and all claims, liabilities, damages, losses, costs, and expenses (including attorney and legal fees) resulting from or in any way related to the Client’s website being hacked or compromised by a third party. This includes, but is not limited to, any data breaches, loss of data, unauthorised access, or any other malicious activity.

Delays

The Martian Media Company Pty Ltd Delays: Designer shall use all reasonable efforts to meet the Work Plan and Milestones delivery schedule. The Designer may extend the due date for any Deliverable by giving written notice to Client.

Client Delays: Client shall use all reasonable efforts to provide needed information, materials, and approvals. Any delay by Client will result in a day-for-day extension of the due date for all Deliverables.

General Delays: Any delay caused by conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, internet disconnections, fire, flood, or Force majeure.

Payments

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.

Payment schedule:

  1. Martian Media Website Package “Orbital”: $49.00 per month + once off setup fee as quoted.
  2. Martian Media Website Package “Cosmic”: $59.00 per month + once off setup fee as quoted
  3. Martian Media Website Package “Galactic” $69.00 per month + once off setup fee as quoted

Additional Expenses

The Customer agrees to reimburse The Martian Media Company Pty Ltd for any critical Client requested expenses necessary for the completion of the project. Examples would be:

  1. Purchase of specific fonts at the Client’s request,
  2. Purchase of specific photography at the Client’s request.
  3. Purchase of specific software at the Client’s request.

Payment:

The Customer shall send payment to The Martian Media Company Pty Ltd within 7 days of receiving an invoice.

The Customer agrees that, by providing payment details, that The Martian Media Company Pty Ltd is authorised to automatically deduct the full amount for any raised invoices at the discretion of The Martian Media Company Pty Ltd.

The Customer agrees that, by providing payment details, that the payment schedule will be set up immediately and that scheduled payments will begin immediately regardless of the stage of the website (Information Gathering Stage/Development Stage/Review Stage/Website Live). Scheduled payments will continue until The Martian Media Company Pty Ltd receives in writing a request to cancel the scheduled payment as per ‘Refunds and Cancellations’ in this document.

The Customer agrees that, by providing payment details, has read, understands, and accepts The Martian Media Company Pty Ltd Terms and Conditions, and accepts responsibility to seek and ensure that the customer always possesses the latest and most up to date terms and conditions, as described in ‘Changes to Terms and Conditions’ in this document.

Late Payment: If a payment is more than 7 days late, no Services will be performed for the Client until payment is received.

Over Charge Fees, Charge Back Fees, Dishonour Fees: We will on charge any bank fees that are a result of penalties caused by (but not limited to) Over Charges, Charge Backs, Dishonours, or Failed Payments.

Termination: Either party must give at least 14 days notice to the other party before termination. This contract may only be terminated after all outstanding invoices have been paid in full.

Rush Processing

The agreed-upon completion date for a project is three weeks (15 working days) from the commencement of website development. Website development begins when the Client has supplied all materials including; payment details (credit card of direct deposit), written content, photos, images, and logo. The Martian Media Company Pty Ltd will confirm your scheduled development start date. The Client understands that should they require earlier completion, there will be a flat fee to be paid before commencement. The Rush Processing Flat Fee will be confirmed by The Martian Media Company Pty Ltd in writing prior to commencement. A rush processing payment ensures the commencement of the development of your website at high priority, however, does not guarantee the website will be completed within a particular time frame, mainly due to ‘Client Delays’ and ‘General Delays’ as found under the title ‘Delays’ found within these terms.

But where’s all the horrible small print?

Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under the exclusive jurisdiction of Australian courts.

Refunds and Cancellations

If for some reason, you are not satisfied with our services, please send notification of your intention to cancel your services in writing to: accounts@martianmedia.com.au

To be eligible for a refund, your request for cancellation must be received 5 business days before your next monthly payment.

We do not refund partial months on any recurring month-to-month services. If you paid for a month and cancel the service before the month has begun, we will refund for the month.

If you cancel your account within the first 12 months and require a backup of the website and its files then a pay-out charge applies. The pay-out charge is the equivalent of the remaining months of the 12 month period plus a disconnection fee of $350.00. For example, if you have enjoyed 8 months service but need to cancel and receive the website with its files, then the pay-out charge will be: 4 x monthly fee plus $350.00.

If you cancel your account after the first 12 months and require a backup of the website, a disconnection fee of $175.00 applies.

If you are a ‘Reseller’ of The Martian Media Company where the website design has been white-labeled in your name or your business name for the purpose of onselling to your clients, the pay-out charge is the equivalent of the remaining months of the 12 month period plus a disconnection fee of $650.00

A backup of the website is only available upon cancellation if there are no outstanding money or monies owed to The Martian Media Company Pty Ltd and only after 12 months of continuous paid service. Payments that defaulted or were unpaid during a 12 month period disqualify the Client from receiving a backup of the website unless agreed to in writing by The Martian Media Company Pty Ltd.

If a backup of the website files is requested on cancellation, the website will be packaged in zip format and uploaded to a shared Dropbox folder where the Client will have the ability to download the file. The file will contain the website files and website database. It is not the responsibility of The Martian Media Company Pty Ltd to migrate, backup, configure or support the website on an external hosting environment.

If you request your account be put on hold (pause payments) in the ‘Review Stage’, this constitutes a cancellation and a backup of the website is not available unless agreed to in writing by The Martian Media Company. Furthermore, invoices paid in the ‘Review Stage’ are not refundable should you request the account be put on hold, unless agreed to in writing by The Martian Media Company Pty Ltd.

The Martian Media Company Pty Ltd does not take any responsibility for damages or errors made to the site by the Client or a third party after the website has been compressed in zip format and uploaded to Dropbox.

The Martian Media Company Pty Ltd does not retain a backup of the website. Once the website zip has been uploaded to Dropbox, it will be permanently deleted from our web servers.

The Dropbox shared download link will remain active for 7 days. This duration can be extended if agreed in writing by The Martian Media Company Pty Ltd.

The Martian Media Company Pty Ltd cannot guarantee that the website will work, be free from errors, or function on another web server. The Martian Media Company Pty Ltd does not take any responsibility for damages and as we can’t guarantee that a website we develop will work on another hosting platform, we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

The Client hereby agrees to indemnify and hold harmless The Martian Media Company Pty Ltd from any claim resulting from the Client’s publication of the website on another web server.

The Client may request The Martian Media Company Pty Ltd make changes to the website after it has been set up on an alternate web server. If approved by The Martian Media Company Pty Ltd, an hourly rate will apply as quoted in writing by The Martian Media Company Pty Ltd. Quotes for ad-hoc changes must be approved and payment must be received before the work commences.

Setup charges and Domain Name Registration, transfer, or renewal fees, if any are not refundable.

If an SSL certificate has been issued, no refund is available for any reason.

Once a website template has been selected, there is no option to change it, and there are no refunds once the design has been accepted and we have begun work. However, if approved by The Martian Media Company Pty Ltd,  you may pay an additional setup fee, to be confirmed by The Martian Media Company Pty Ltd in writing prior to the commencement of the website development, to change the website template on which your website will be based.

If you are a customer of The Martian Media Company and you require a new website to be developed, The Martian Media Company Pty Ltd will confirm the cost of the development of a new website in writing.

Accounts that are either canceled, deactivated, and/or have services suspended for violation of our terms of service, or accounts that exceed their disk or bandwidth usage amount do not qualify for any refunds.

Requests to cancel accounts or the termination of your payment plan with us will result in the immediate deactivation of your account.

To apply for the cancellation and/or refund, you must send us an email at accounts@martianmedia.com.au.

Change of Ownership

If a business is sold, the new owners may apply to take over the contract of the website. The account for the current Account Holder will be closed and a new account, with a new contract, will be created for the new Account Holder.

The Martian Media Company Pty Ltd requires, with 30 days notice, written authorisation on company letterhead by the current Account Holder that confirms the business sale, the date of the business sale, and the authorisation to move the account for website contract into the name of the new owners. Additionally, The Martian Media Company Pty Ltd requires, with 30 days notice, written acceptance by the new owners, on company letterhead, of the fees, charges, payment details, and terms and conditions of The Martian Media Company Pty Ltd. The ownership of the website contract may only be updated after all outstanding invoices have been paid in full and the first-month payment has been made by the new Account Holders under the new contract.

New Owners of a website or account only become eligible to receive a full backup of the website after a 12 month period (commencing the date the first monthly retainer payment has been paid by the new Account Holder and received by The Martian Media Company Pty Ltd) has concluded, as per the terms in “Refunds and Cancellations”.

It is possible that upon transferring the ownership of the website to the new owner, that there will be many changes required to the website. These changes are not included in the Monthly Retainer or Martian Media Website Management Fee. The Martian Media Company Pty Ltd will provide the new account holder with a quote to make the changes required in writing within 5 business days of receiving details of the changes required.

Acceptable Use Policy

Spam. If you use the Services to transmit email, you must do so responsibly.  Sending or promoting SPAM using the Services is prohibited and will result in immediate termination of your account.  We consider SPAM to be the transmission of any email messages that are in violation of the most recent regulations issued by the Australian Communications and Media Authority SPAM Act.

Overburdening Resources; Overuse. You may not overburden the Services.  You may not place excessive burdens on our, or the providers of Third Party Services’, CPUs, servers or other resources or interfere with the services we provide to other customers.   You may not use excessive bandwidth or data transfer.

Our pricing is partially based on the number of monthly visits to your site, which is set to 10,000 visits per month. You agree not to exceed this amount.

If you do, you won’t be automatically billed.  We’ll reach out to you to understand what’s happening, and see if we can work together to create a solution. This may involve technical solutions or moving you to a higher plan that allows a higher number of visits.

Email on $59.00/month web plan (Cosmic Plan): The total quota for 50 email addresses is 30GB. Upgrade additional 30GB on Cosmic Plan is $11.50/mth
Email at $69.00/month web plan (Galactic Plan): The total quota for 50 email addresses is 30GB. Upgrade additional 30GB on Galactic Plan is $8.50/mth
Email Only hosting at $14.50 per month: The total quota for 50 email addresses is 30GB.

Plugins

We disallow only a handful of plugins out of the 36,000 and growing number of available plugins. Generally, plugins are disallowed because they collide with the solutions that we put into place as part of our service offerings and provide a security risk to your website. If there is the situation where the functionality you request of your website requires a forbidden, or becomes a banned plugin where it previously was not, then we will work with you to find a suitable replacement.

Every website developed by The Martian Media Company Pty Ltd uses plugins. No plugin will be automatically updated to the latest version on the release of an update, patch, or new release by the plugin vendor or 3rd party plugin vendor. We will act on Plugin Vulnerability Notifications as supplied by our 3rd party web hosting partner and update plugins when such notifications are received.

Resellers

The Martian Media Company Pty Ltd may appoint Resellers, who are authorised to resell websites designed by The Martian Media Company Pty Ltd, and to resell website and email hosting, and support and maintenance services offered by The Martian Media Company Pty Ltd. Resellers may also appoint The Martian Media Company Pty Ltd to act on behalf, or represent the Reseller in communication with the Resellers customers or suppliers.

A Reseller is defined as a person, business, sole trader, company, or any entity who requests services offered by The Martian Media Company Pty Ltd on behalf of their customer (Reseller’s customer) or any third-party. A Reseller may also request The Martian Media Company Pty Ltd represent or act on behalf of the Reseller to its customers or suppliers.

The Reseller accepts the terms and conditions contained in The Martian Media Company Pty Ltd ‘Terms and Conditions’ (this document).

The Reseller accepts that each website designed, maintained, and hosted on the Martian Media Pty Ltd’s web and email servers are subject to the terms and conditions contained in The Martian Media Company Pty Ltd ‘Terms and Conditions’ (this document) for the full term of service.

If a Reseller has overdue invoices longer than 6 months in duration, and over a total of one thousand dollars, The Reseller agrees that The Martian Media Company Pty Ltd may contact the Reseller’s customers, provide the option to move their account to The Martian Media Company Pty Ltd and enter into a new agreement with The Martian Media Company Pty Ltd. The Reseller’s customer/s will then be invoiced by The Martian Media Company Pty Ltd directly for the services required. The amount owing to The Martian Media Company Pty Ltd by the Reseller will then be negotiated between The Martian Media Company Pty Ltd and The Reseller.

The Reseller agrees that if for any reason the Reseller is unable to continue providing reasonable support, assistance, communication with its own customers, website and/or hosting services, or presents a situation whereby the Resellers customers are at risk from service interruption, account termination, or do not receive the services paid for under the agreement with the Reseller, The Martian Media Company Pty Ltd may decide to contact the Resellers customers, provide information about the Reseller’s relationship with The Martian Media Company Pty Ltd and include the option to move their account to The Martian Media Company Pty Ltd by entering into a new agreement with The Martian Media Company Pty Ltd.

If a Reseller appoints The Martian Media Company Pty Ltd to provide customer support, website development, project management, account administration on behalf of the Reseller, or act on behalf of the Reseller in any way, the Reseller accepts that The Martian Media Company Pty Ltd, in no event, will be liable for any loss or damage including without limitation, indirect or consequential loss or damage, financial loss, loss of profits, or any loss or damage whatsoever arising from decisions, actions, communications, advice, information, or services provided by The Martian Media Company Pty Ltd, its Director/s, staff, or sub-contractors while representing the Reseller.

The Reseller agrees that by providing access to accounting systems, banking systems, debit or credit card systems, financial information, supplier or third-party systems that The Martian Media Company Pty Ltd will under no circumstances be liable for any loss or damage including without limitation, indirect or consequential loss or damage, financial loss, loss of profits, or any loss or damage whatsoever arising from decisions, actions, communications, advice, information, or services provided by The Martian Media Company Pty Ltd, its Director/s, staff, or sub-contractors while representing the Reseller.

The Reseller agrees that by providing access to The Martian Media Company Pty Ltd to act on the Resellers behalf, The Martian Media Company Pty Ltd will render services, provide information, communicate with the Reseller’s customers or suppliers based on decisions made by The Martian Media Company Pty Ltd only and will under no circumstances be liable for any loss or damage including without limitation, indirect or consequential loss or damage, financial loss, loss of profits, or any loss or damage whatsoever arising from doing so.

The Reseller agrees that The Martian Media Company Pty Ltd will not seek approval for any communication, or advice given to any customer or supplier of the Reseller at any time, written or verbal.

The Reseller agrees that The Martian Media Company Pty Ltd may at any time inform the Reseller’s customers of the relationship with, and services provided by The Martian Media Company Pty Ltd supply to the Reseller. The Martian Media Company Pty Ltd may do so without the verbal or written permission of the Reseller.

The Reseller agrees that The Martian Media Company Pty Ltd may at any time, revoke services, accounts, or customers of the Reseller with 7 days notice.

The Reseller agrees that if The Martian Media Company Pty Ltd represents or acts on behalf of the Reseller that The Martian Media Company Pty Ltd may at any time, discontinue its representation of the Reseller for any reason or circumstance.

The Reseller must provide 48 hours written notice for revoked access to any of the Reseller’s systems.

Pricing for Resellers is exclusive of GST.

WordPress (wp-admin) Access (Website Backend)

By default, The Martian Media Company Pty Ltd does not supply access to the backend of a website developed and hosted by Martian Media. However, in rare cases, The Martian Media Company Pty Ltd may agree to provide limited access to the website backend that allows clients to make changes to the website content. The request for website backend access by the client must be made in writing. If The Martian Media Company Pty Ltd agrees to the request for backend access, it will do so in writing.

We endeavour to provide continual availability of our services and access to the website. However, access to the Website Backend may not always be possible due to numerous factors including those which are out of our control. We do not warrant or represent that our services and access to the Website Backend will be timely, continuous, fault-free, uninterrupted, secure or virus-free.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify The Martian Media Company Pty Ltd of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Website Backend.

The Martian Media Company Pty Ltd reserves the right to modify or discontinue, temporarily or permanently, access to the Website Backend (or any part thereof) with or without notice. You agree that The Martian Media Company Pty Ltd will not be liable to you or to any third party for any modification, suspension or discontinuance of access to the Website Backend.

The Martian Media Company Pty Ltd is not liable for any issue or problem that arise as a direct or indirect result of supplying access to the Website Backend. You agree that support, including troubleshooting for any issue, directly or indirectly resulting from granting access to the Website Backend will result in a $90 +gst per hr fee.

The customer agrees that a possible solution to any website problem is to restore the website from a backup. You agree that The Martian Media Company Pty Ltd is not responsible or not liable for any loss or damage arising as a result of the restoration of the website from a previous backup point.

No training is offered or support available on how to access, make changes, fix problems, or correct errors in the Website Backend.

The Martian Media Company Pty Ltd restricts access to the html code and CSS of its websites to protect the websites from being modified, incorrectly coded, and from loss of coding data. It is also a measure of intellectual property protection of The Martian Media Company Pty Ltd code. The website must remain in this CMS system and cannot be moved, migrated or exported to an alternative hosting or CMS.

The Martian Media Company Pty Ltd does not offer full access to the Website Backend. This means clients are limited to content access only. Clients do not have access to any structural or functional components of the website that effect the overall operation of the site. This means no access to templates, CSS, HTML, code, plugins, forms or module specific templates.

The Martian Media Company Pty Ltd takes no responsibility for any errors or damage to the functionality or operation of the website and it is the responsibility of the Client to ensure the website is functioning correctly. If errors or damage to the functionality occurs, The Martian Media Company Pty Ltd is not liable for any financial or data losses and the client may be liable for the costs associated with the repair of the website or Website Backend.

Website Development without Hosting

The below terms apply when The Martian Media Company Pty Ltd has agreed to develop a website without a hosting or maintenance package.

The Martian Media Company Pty Ltd may agree to develop a website on a ‘one off’ basis without a hosting/maintenance package as described in ‘Payments’.

The website will be developed on The Martian Media Company Pty Ltd web servers. If the time for development exceeds 3 months (from the date the deposit has been received) then a hosting/maintenance package as described in ‘Payments’ will apply until the website development has been completed (the date when the website files have been zipped and uploaded to Dropbox) and subject to the terms of the “Approval of Work”.

A non-refundable 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “Approval of Work”.

Approval Of Work

On completion of the initial development of the website, 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 and the 50% balance of the project price will become due.

Once approved, or deemed approved, the website will be packaged in zip format and uploaded to a shared Dropbox folder where you will have the ability to download the file. The file will contain the website files and website database. It is not the responsibility of The Martian Media Company Pty Ltd to migrate, backup, configure or support the website on an external hosting environment.

The Martian Media Company Pty Ltd does not take any responsibility for damages or errors made to the site by the Client or a third party after the website has been completed and handed over.

The Martian Media Company Pty Ltd does not retain a backup of the website. Once the website zip has been uploaded to Dropbox, it will be permanently deleted from our web servers.

The Dropbox shared download link will remain active for 7 days. This duration can be extended if agreed in writing by The Martian Media Company Pty Ltd.

The Martian Media Company Pty Ltd cannot guarantee that the website will work, be free from errors, or function on another web server. The Martian Media Company Pty Ltd does not take any responsibility for damages and as we can’t guarantee that a website we develop will work on another hosting platform, we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

The Client hereby agrees to indemnify and hold harmless The Martian Media Company Pty Ltd from any claim resulting from the Client’s publication of the website on another web server.

The Client may request The Martian Media Company Pty Ltd make changes to the website after it has been delivered. If approved by The Martian Media Company Pty Ltd, an hourly rate will apply as quoted in writing by The Martian Media Company Pty Ltd. Quotes for ad-hoc changes must be approved and payment must be received before the work commences.

SEO, Adwords, Digital Marketing, Social Management Contractor Services

For the purpose of website optimisation, you may choose to engage or assign, agents and contractors whose services include, but not limited to: search engine optimisation (hereinafter “SEO”), Google Adwords®, Facebook and other Social Media advertising and Link Building.

The Martian Media Company Pty Ltd must be informed when agents and/or contractor have been assigned for the purpose of website optimisation.

The Martian Media Company Pty Ltd will send a written quote on the additional level of support and on-going optimisation that is required or to be carried out in accordance with the requests of the agents and/or contractor that has been assigned for the purpose of website optimisation.

Hosting When Website Not Developed By Martian Media

The Martian Media Company Pty Ltd may agree to host a website developed by an external company, contractor, or other.

The website must pass a security analysis conducted by The Martian Media Company Pty Ltd before it agress to host the website.

The features of our standard plans do not apply. All requests for support, content updates, and changes to the website incur a $90 ex gst per hour fee.

SEO Analysis/Reports/Adwords

Whilst we are happy to receive input on the structure and code base of the website for SEO purposes, we don’t see these as instructions, only input by one of the parties involved. With this in mind we won’t reply directly or confirm whether we will address all or any of the points on the SEO Analysis/Reports supplied. With respect, we have our own page insight reports and will work on any critical issues as highlighted in these internal-use only reports.

We can’t guarantee that our work will be in line with requests received or be error free. We can’t be liable or blamed for any non-performance of the website in search engine searches, online advertising, remarketing, Adwords, or social media advertising.

The website comes as is, in accordance with the initial brief. If additional work is required for SEO purposes then we are more than happy to quote on the additional work/requirements.

No guarantees will be given as to a website’s ranking as the search engines change their ranking algorithms on a regular basis, and new sites and competitor sites may be being optimised and submitted continually. It is possible for your website’s rankings to go backward, if this were to happen, no liability will be on The Martian Media Company Pty Ltd and no refunds or discounts given.

The Martian Media Company Pty Ltd does not guarantee, warrant, or state that websites developed by The Martian Media Company Pty Ltd will or can be accepted by third parties such as Search Engines, or Social Media Platforms for the purpose of Advertising, Marketing, Adwords, Remarketing, or any other service provided by such third parties. We accept no responsibility or liability for the performance of a campaign, suspension of an account, or any other outcome as a result of a website developed and/or hosted by The Martian Media Company Pty Ltd.

You must declare in writing, prior to the development of a website by The Martian Media Company Pty Ltd whether you have existing accounts, campaigns, tracking codes, pixels, advertisements, or any other information relating to any third party such as a Search Engine or Social Media platform or an Agent or reseller of such third parties.

Privacy Policy

Introduction

The Martian Media Company Pty Ltd regards customer privacy as an important part of our relationship with our customers. The following privacy policy applies to all The Martian Media Company Pty Ltd users, and conforms to Internet privacy standards.

If you have questions or concerns regarding this statement, you should first contact Director Michael Wilson directly on 0431 134 467.

Collection of Information

In order to use The Martian Media Company Pty Ltd website, we may require information from you in order to provide the best service possible.

All correspondence may also be collected and stored, particularly in regard to sales, support, and accounts, including Email.

Any information collected by The Martian Media Company Pty Ltd is collected via correspondence from you or your company. This may be via the telephone, Email, mail, fax or directly through our website. 

Use of Collection Information

Any details collected from The Martian Media Company Pty Ltd customers is required in order to provide you with our products and/or services, and a high level of customer service.

Correspondence is recorded in order to provide service references and to assist in our staff development.

Storage of Collected Information

The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details.

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.

If you have any questions about security on our Website, you can email us at support@martianmedia.com.au. 

Access to Collected Information

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at support@martianmedia.com.au.

Orders

If you purchase a product or service from us, we may request certain personally identifiable information from you. You may be required to provide contact information (such as name, Email, and postal address) and financial information (such as credit card number, expiration date). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Communications

The Martian Media Company Pty Ltd uses personally identifiable information for essential communications, such as Emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional Emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us at support@martianmedia.com.au.

You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

Third Parties

The Martian Media Company Pty Ltd may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service. These third parties are prohibited from using your personally identifiable information for any other purpose.

The Martian Media Company Pty Ltd does not share any information with third parties for any unknown or unrelated uses. 

Legal

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.

Links

Links on The Martian Media Company Pty Ltd site to external entities are not covered within this policy. The terms and conditions set out in this privacy statement only cover the domain name of The Martian Media Company Pty Ltd.

Changes to Privacy Policy

If we decide to change our privacy policy, we will post those changes to this privacy statement, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here.

Security Policy

The Martian Media Company Pty Ltd uses the eWAY Payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the eWAY gateway are secured payments. 

  • Payments are fully automated with an immediate response.
  • Your complete credit card number cannot be viewed by The Martian Media Company Pty Ltd or any outside party.
  • All transactions are performed under 128 Bit SSL Certificate.
  • All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data.
  • eWAY is an authorised third party processor for all the major Australian banks.
  • eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by The Martian Media Company Pty Ltd.

Delivery Policy

After ordering online, you will receive an email confirming receipt of your order within a few minutes of ordering. We will then send you an invoice containing your order details and payment methods.

Once payment has been received, we will send you an email the next working day that confirms your account details, an invitation to our online customer portal, your ‘Website Creative Brief, and other information which details the first stages of the website development.

A Martian Media representative is available to speak to you at every stage of your order, please contact us at support@martianmedia.com.au or 0431 134 467.

The Martian Media Company Pty Ltd will use commercially reasonable efforts to perform the services of website design (website template re-branding), and hosting setup within 2 weeks of confirmation of order. The Martian Media Company Pty Ltd delivery timeframes depend upon the Client’s prompt response to any questions or requests for client materials.

Website Disclaimer

The information contained in this website is for general information purposes only. The information is provided by The Martian Media Company Pty Ltd and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or 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.

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 from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website, you are able to link to other websites which are not under the control of The Martian Media Company Pty Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, The Martian Media Company Pty Ltd takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

This website and its content is copyright of The Martian Media Company Pty Ltd – © The Martian Media Company Pty Ltd 2018. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • you may print or download to a local hard disk extracts for your personal and non-commercial use only
  • you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other forms of electronic retrieval system.

Hours of Operation

Business hours are 8.30am – 5pm Monday-Friday. Excluding Public Holidays.

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