Thank you for choosing NETMOW for your web development project.

The following Terms & Conditions outline the agreement covering various aspects of your project. Please review this document carefully before making your initial payment, which constitutes a 50% deposit. We recommend keeping a copy of this agreement for your records.

If you have any questions or need clarification on any part of these Terms & Conditions, please feel free to contact us. We’ll be happy to help you better understand any part of this agreement.

Any explanatory correspondence provided with this document and/or an approved Project Proposal will collectively form the Terms & Conditions of the agreement, establishing a contractual relationship between you and NETMOW Pty Ltd.

In these Terms & Conditions, you are referred to as the “client”. NETMOW Pty Ltd is referred to as “NETMOW” or “the Developer”.

Authorization:

The client is engaging NETMOW, located at (6751 N Sunset Blvd 320 /33, Glendale, AZ 85305, United States), for this specific website development project. By signing this document, both the client and NETMOW agree to the validity and enforceability of this contract.

Project Elements:

The total price to develop your website is as per your approved Proposal. Please review the Proposal for full Project Details.

Maintenance and Hourly Rate:

This agreement includes minor website maintenance for the first 14 days after the website is completed. This covers tasks such as updating links and making small edits to sentences or paragraphs. It does not include major revisions, such as replacing the majority of a page’s content with entirely new text.

Requests for changes beyond the included maintenance will be billed at an hourly rate of $143 (including GST), with a one-hour minimum per update. If you anticipate frequent updates to your website, please contact us to discuss available maintenance package options.

This hourly rate also applies to any additional work authorized beyond the scope outlined above, including (but not limited to):

• General internet training or orientation

• Marketing consulting

• Webpage design or redesign

• Editing or updating product pages and online store databases

• Photo and graphic editing

• Assistance with using your website editor

Programming and scripting services are also billed at $143 per hour (including GST), with a one-hour minimum per update.

Changes to Submitted Text:

Please provide finalized text content for your website. Any substantial changes to the text submitted by the client after the web pages have been built will be considered additional work and billed at the hourly rate of $143 (including GST).

Web Hosting:

By using NETMOW’s website hosting services, you agree to comply with the terms outlined in our Web Hosting Terms & Conditions.

Completion Date:

NETMOW and the client agree to collaborate in a timely manner to complete the project as outlined. Both parties commit to working efficiently to ensure the project is completed promptly.

The client is responsible for providing NETMOW with all final text, images, and other necessary materials not created by NETMOW in a timely fashion.

Assignment of Project:

NETMOW reserves the right to assign subcontractors to this project as needed to ensure on-time delivery.

Limitation of Liability:

Under no circumstances shall NETMOW be liable to the client or any third party for any damages, including but not limited to lost profits, lost savings, or any incidental, consequential, or special damages arising from the operation or inability to operate the website or its web pages—whether or not NETMOW was previously advised of the possibility of such damages.

If any provision of this agreement is found to be unlawful, void, or unenforceable for any reason, that provision shall be considered severable from the rest of the agreement and shall not affect the validity or enforceability of the remaining provisions.

Copyrights and Trademarks:

The client represents and unconditionally guarantees to NETMOW that any elements of text, graphics, photos, designs, trademarks, or other artwork provided to NETMOW for inclusion in the project are owned by the client or that the client has obtained proper permission from the rightful owner. The client agrees to hold harmless, protect, and defend NETMOW and its subcontractors from any claims or legal actions arising from the use of such materials provided by the client.

Laws Affecting Electronic Commerce:

Certain governments may enact laws and impose taxes or tariffs that impact Internet-based commerce. The client acknowledges and agrees that they are solely responsible for complying with all applicable laws, taxes, and tariffs. The client further agrees to hold harmless, protect, and defend NETMOW and its subcontractors from any claim, penalty, tax, or legal action arising from the client’s online commercial activities.

Client and Third-Party Site Modifications:

NETMOW is not responsible for any modifications made to the website by the client or any third party, including authorized agents. If the client or another party attempts to update or modify the website, any time required to repair or correct the site will be billed at an hourly rate of $143 (including GST) and is not included in the scope of standard update services.

Copyright and Ownership of Website & Domain:

Copyright of the completed and assembled website developed by NETMOW is transferred solely and exclusively to the client upon full payment of the project. The client receives full rights to use the website design, layout, graphics, and text included in the completed site and any print templates.

Rights to individual photos, graphics, source code, development files, and software components are transferred to the client, subject to the original ownership of these elements. Any third-party licensed software (such as .NET web components) included by NETMOW remains the property of its respective owners and is licensed for use on the client’s website. Ownership of such scripts or components is not transferred to the client.

Unless otherwise agreed upon in writing, NETMOW and its subcontractors reserve the right to display the completed website, design elements, and graphics as part of their portfolios for marketing and demonstration purposes.

The client retains ownership of domain name(s) purchased through NETMOW, provided that all associated invoices have been paid in full. NETMOW reserves the right to withhold domain names or copyright transfers if the client has an outstanding balance.

Payment of Fees:

A 50% deposit of the total project cost is required before the commencement of work. An additional 25% payment is due upon approval of the website’s graphic design.

The final 25% payment is due upon completion of development, at which point Content Management System (CMS) access will be provided to the client for content upload. To help keep NETMOW’s rates competitive, timely payment is essential.

NETMOW reserves the right to temporarily disable or remove the website from public view if final payment is not received. Should collection efforts become necessary, the client agrees to cover all associated costs incurred during the collection process.

Sole Agreement:

These Terms & Conditions, along with the approved Project Proposal and any directly related correspondence, constitute the complete and exclusive agreement between NETMOW and the client regarding the project outlined in the proposal. Any additional work not specified in the original agreement must be authorized through a written change order.

Initial Payment:

A 50% deposit is required, as outlined in the approved proposal. All payments should be made to:

NETMOW
6751 N Sunset Blvd, Suite 320/33
Glendale, AZ 85305
United States

Alternatively, payment can be made via direct deposit.

Refund Policy:

The client may halt work and request a refund within 14 days from the date of this agreement by mailing a certified letter to the Director of NETMOW at (6751 N Sunset Blvd 320/33, Glendale, AZ 85305, United States).

If, at the time of the refund request, work has been completed beyond the amount covered by the initial payment, the client will be liable for all work completed at the hourly rate of $143, including GST. This amount will be limited to the total project cost, including selected options.

Miscellaneous:

This contract shall be governed by the substantive laws of the State of Arizona, without regard to its conflict of law principles. This contract is deemed to have been entered into in Glendale, Arizona. In the event of any contractual dispute, the parties agree to submit to the jurisdiction of a competent court in either Arizona, at NETMOW’s sole discretion, or to any other competent court selected at NETMOW’s sole discretion.

The contract constitutes the entire understanding and agreement between the parties and their affiliates with respect to its subject matter, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings of the parties, whether oral or written. No promise, inducement, representation, or agreement, other than as expressly set forth herein, has been made to or by the parties. This agreement may be amended only by written agreement from NETMOW. Evidence will be inadmissible to show an agreement contrary to or in addition to the terms and conditions contained in this letter. This document, along with any relevant linked documents (such as proposals and correspondences), shall be construed according to their individual and collective fair meaning, and not strictly for or against either party.