Mada Media Terms of Service

Review the Mada Media Terms and conditions of service covering website development services, client responsibilities, website ownership, payment terms and termination conditions.

1. Website Development Services:

1.1 Scope of Work: Mada Media agrees to provide website development services as described in the agreed-upon proposal or contract after full payment has been made. The scope of work may include website design, development, and customisation to meet the unique requirements of the trade-based business.

1.2 Project Timeline: The project timeline will be within 2 weeks of package purchase unless purchase occurs in the two weeks leading up to Easter or Christmas, in which case the timeline will be extended to accommodate anticipated staff holidays. Any delays caused by factors beyond the control of Mada Media will be communicated promptly to the client.

2. Client Responsibilities:

2.1 Content and Materials: The client agrees to provide all necessary content, images, and materials required for the website development within the specified timeframe of one week from date of package purchase. Mada Media is not responsible for delays caused by the client’s failure to provide necessary materials.

2.2 Review and Feedback: The client agrees to promptly review and provide feedback on the website during the development process. Failure to do so may result in project delays.

3. Website Ownership:

3.1 Intellectual Property: Upon completion of the website development, the client owns the intellectual property rights to the website and all graphic material created, excluding any working files which ay contain unique IP belonging to Mada Media. Mada Media retains the right to use the developed website in its portfolio and for promotional purposes.

4. Payment Terms:

4.1 Fees and Payment Schedule: The client agrees to pay Mada Media the agreed-upon hosting fees as outlined in the package, for a period of at least 2 years from the date of purchase, after which the Client may terminate the agreement with on month’s notice, and have the site transferred to a third party hosting environment. After any termination of hosting services, Mada Media will not be liable for any site recovery, hosting, repair, advice or updates. 

4.2 Late Payments: Late payments may result in project delays, suspension of services, or additional charges. A late fee may be applied for payments not received within the specified timeframe.

5. Disclaimer and Limitation of Liability:

5.1 Accuracy of Information: Mada Media is not responsible for the accuracy, completeness, or legality of the information provided by the client for the website. The client is solely responsible for the content and any legal implications thereof.

5.2 Third-Party Services: Mada Media may use third-party services or tools for website development. The client acknowledges and agrees that Mada Media is not liable for any issues arising from the use, discontinuance, suspension or alteration of third-party services.

5.3 Limitation of Liability: To the extent permitted by law, Mada Media is not liable for any direct, indirect, incidental, consequential, or special damages arising from the use or inability to use the website.

6. Termination:

6.1 Termination by Client: The client may terminate the agreement at any time by providing written notice. Termination fees may apply based on the progress of the project and or hosting period.

6.2 Termination by Mada Media: Mada Media reserves the right to terminate the agreement if the client fails to comply with the terms and conditions. In such cases, all fees paid are non-refundable.

7. Governing Law:

7.1 Jurisdiction: This agreement shall be governed by the laws of Queensland, Australia. Any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

8. Miscellaneous:

8.1 Force Majeure: Mada Media is not liable for any failure or delay in performance due to acts beyond its control, including but not limited to natural disasters, acts of government, acts of terrorism, or technology failures.

8.2 Amendments: Any amendments or modifications to this agreement must be in writing and agreed upon by both parties.

By proceeding with package purchase, the client acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this document.