Kenekt Portal - Master Services Agreement

Kenekt Group Pty Ltd

TERMS & CONDITIONS

Summary:

  • We’ll always do our best to fulfil 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. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

So in short;

  • You, the client and legal entity for which work will be conducted engage Us, Kenekt Group Pty Ltd  ABN: 26 633 343 316 for the provision of the Project, defined as products, services and/or ongoing works as agreed and priced in the attached quote(s)

What do both parties agree to do?

  • You: 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 at the end of this contract.
  • Us: 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 endeavour to meet every deadline that’s set and on top of that, we'll maintain the confidentiality of everything you give us.
  • Both parties covenant that they will not compete with the other party or the Project, through use of any knowledge, asset or otherwise generated or collaborated on in the development of the Project.

Project Cancellation

  • You’ll have regular opportunities to review our work and provide feedback. If at any stage, you’re not happy with the direction our work is taking, you’ll pay us in full for everything we’ve produced until that point and cancel this contract
  • All work undertaken will be performed under our non-disclosure and privacy policy. No customer or sales data will be stored or shared by Kenekt Group at any time. 

Technical support

  • We don’t offer support or training for Agentbox. We will establish your data in your Agentbox instance then updates to and management of that data will be up to you. 
  • We offer full technical support for our website as part of our support plan with a 24hr turnaround SLA for all critical issues - e.g: your site is not running, projects/properties cannot be viewed.

Deliverables and Responsibilities

Text content

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

Photographs

  • You should supply graphic files in an editable, vector digital format. You should supply photographs 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.

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.

Desktop browser testing

  • We test our work in current versions of major desktop browsers including those made by Google (Chrome), Mozilla Firefox, Apple (Safari) and Opera. We won’t test in older browsers unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate estimate for that.

Mobile browser testing

Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our work in current mobile browsers, including tablets and phones.

Changes and revisions

  • We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible.
  • The initial contract allows for 3 rounds of feedback, revisions and changes. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for that.

Legal stuff

  • 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. You have 14 days from delivery to report any issues. This Agreement with included Quotes is the whole of the Agreement between the Parties. Finally, 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.
  • 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 mention your project for the purposes of display works and testimonials about our work.

Payments & Variations

  • We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. Projects put on client hold for more than one week will be considered inactive and billed for work completed. If at any stage, it is not viable to deliver ongoing work or variations we can cancel this contract and you’ll pay us in full for everything we’ve produced until that point.

Paid Services

  • Kenekt Group Pty Ltd offers Services to be paid for on a recurring basis (“Subscription Services”). Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your written invoice or as otherwise agreed in writing (“Subscription Fee”).

Payment Agreement

  • Paid “Subscription Fees" may be paid by debit card or credit card via the ChargeBee service. If you link a debit or credit card to your account, you authorise us to collect Subscription Fees by debit from your linked debit card or charge to your linked credit card. Regardless of payment device, we reserve the right to collect Paid Subscription Fees by deduction from your linked bank account.

Unless otherwise provided in a Subscription Service’s terms, Subscription Fees will be charged on subscription renewal date until cancelled.

Cancellation

  • You may cancel a Subscription Service at any time from your ChargeBee Account. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid.

Change of Fee

  • We reserve the right to change our Subscription Fee upon at least thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.

Overdue Accounts

  • If payment for an account is overdue by 30 days, you will receive a "Final Notice of Overdue Account". Within 24 hrs of this notice, the service will be scheduled for suspension.

Account Suspension

  • We'll email you with instructions to restore full service. To restore full service provide a valid payment method for ChargeBee account. A service restoration fee of $250 +GST is payable before restoration is complete.

Non-Disclosure

  • In short; neither of us will share any confidential information about each-other, by any means, with anyone else.

What’s confidential information?

  • It’s anything we write or say to each other in a phone call, chat window, email or by any other method including smoke signals and telepathy. It might relate to a project, be about our businesses or something technical like a password. Nothing’s excluded. If we share it, it’s covered.
  • We’ll both keep shared information to ourselves and we won’t use it except for the reason it was shared. We’ll take every step to make sure it stays confidential too. We’ll keep confidential information safe and secure. This includes keeping files, access to online systems and any usernames and passwords in such a way that they can’t fall into the wrong hands.
  • If we think that there’s even a possibility that any confidential information might have been compromised, we agree to tell each other right away so we can take all necessary steps to protect ourselves. We also agree to help each other to resolve any problems that might arise if confidential information is compromised.
  • When this agreement ends, we’ll return any materials, physical or digital and delete any copies that we may have. We won’t forget to empty the trash can too.

Public Domain

  • This agreement doesn’t apply to any information that’s already in the public domain or might become public by any other means. 

How long does this agreement last?

  • Unless we’ve agreed otherwise — for example within a separate contract — this agreement lasts indefinitely from the last signature date down below. 

Conclusion

  • 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 exclusive jurisdiction of New South Wales, Australia.