3A. Digital Advertising Management (All Media Platforms such as Google Ad Accounts & Facebook Ad Accounts)
3A.1 Dilate Digital will set up online advertising campaigns, and deliver paid traffic to your website. If paid traffic cannot be delivered to the website in question due to matters outside Dilate Digital’s control including the editorial policies of the search engines or advertising platforms regarding the acceptance of advertiser web properties, then we will notify you of the situation in writing. Dilate Digital is not to be held liable in this situation.
3A.2 Costs associated with media and clicks generated from running this service will be incurred directly by the customer.
3A.3 You must comply with the google ads guidelines, which can be found at https://support.google.com/adspolicy/answer/6008942.
3B. Upload of Content to Customer Websites
3B.1 Dilate Digital will upload optimised content and tags to your website, where a web page is written in a language that our technicians are trained in. If a web page has been designed using languages that we are not skilled in, uploading of content will be the responsibility of the customer and/or their webmaster.
3B.2 Customers who provide Dilate Digital access to make changes to their website do so with the understanding that Dilate Digital is not liable for any errors which may occur in these updates. Dilate Digital must make all website changes with full care and the skill expected of a professional provider of the Services. , The Client agrees to have a regular backup system in place, and by signing the Agreement with us you warrant that you have a regular and secure backup system in place. Where the Services include website hosting by Dilate Digital, Dilate Digital must provide the backup and security services as specified in the Proposal.
Please see more of Dilate's Hosting Terms and Conditions
3C. Website Design
3C.1 Website design services are provided as per your Proposal with Dilate Digital. An approximate timing schedule is provided at the time of the Proposal. Failure to provide assets, content, feedback or other items within the specified time will delay the setup of the website.
3C.2 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, Dilate will provide assistance to the client regarding set up of its website backup. Dilate will take regular backups for websites hosted with us, however, we advise clients to take their own backups in addition. In the event that your website goes down or encounters another error, and it is hosted on a website server other than the Dilate Digital server, we are not responsible for bringing your website back online.
3C.3 Where plugins have been used within a website, or on a platform that requires version control, is it the responsibility of the client to manage and maintain these, once the website is live. Dilate will ensure all plugins and CMS versioning are up to date when the site is launched, however, ongoing, this is required by the client to manage. Dilate offer services to help keep these up to date, should this not be an option to be maintained by the client. Where plugins have ongoing fees attached, it is also the client responsibility to ensure payment is current to ensure using that plugins service. Dilate is not responsible for checking through each site and ensuring payments, plugins or CMS versions are up to date, once launched.
3C.4 Where the scope of work changes part way through the project, our Digital Producers will rescope the project to take into account changes to cost and timeline.
3C.5 Should there be a monthly payment arrangement in place, upon cancellation of marketing services you will receive an invoice for the balance of work completed.
3C.6 Where Dilate has purchased a third-party custom font for use on the website we build for you, this will be purchased for web-use only and the files of the purchased font will be supplied to the client. If the font is an Adobe Font, we will reference Dilate's Adobe License in the code. If a free Google font, nothing needs to be actioned here. Please note: if maintenance of the website code or plugins cause the Adobe reference to be removed, this is the client's responsibility and not Dilates. Likewise, if the purchase period for font has ended, or the usage allowance exceeded, this is then the clients responsibility to re-purchase.
Scope Evaluation and Modifications
3D.1 Within three months of the initial scope delivery, a review will be conducted to verify the scope remains aligned with the client’s needs.
3D.2 If the scope remains unfulfilled after a period exceeding four months, a comprehensive reassessment will be required, resulting in a new scope and project brief.
3E.1 In instances where a client instigates a delay in the project that extends to three months, Dilate reserves the right to place the project on hold. Upon the client’s readiness to proceed, a new timeline will be provided, which will reflect the workload pending on Dilate’s end at that time. No assurances can be made regarding the immediate resumption of the project. If rework of development [e.g. plugin updates or WordPress updates] are required upon restarting, Dilate has the right to supply an additional scope of work to get the website back up to date.
3E.2 If a client-induced delay extends to six months or more, upon client’s readiness to recommence, Dilate will undertake a scope reassessment and review. This may necessitate additional tasks, such as additional Project Management and Scheduling, updating plugins, WordPress versions, PHP and other relevant components based on advancements in the digital landscape during the period of delay. The client must approve and confirm this updated scope, acknowledging that costs may have varied from the initial estimates.
3E.3 In cases where a project delay instigated by the client extends to twelve months, Dilate will compile and deliver to the client all work performed up to that point. Dilate cannot accommodate prolonged project holding periods without active client engagement. At this juncture, the project will be deemed complete.
Third-Party Plugins, Software & Integrations
3F.1 Dilate is not liable for any recommendations or suggestions concerning third-party plugins, software, and integrations which may be implemented in relation to the client’s project. While Dilate strives to recommend quality resources, we cannot guarantee their functionality or compatibility with client websites.
3F.2 It is incumbent upon the client to understand that these external components may not function as intended or may pose issues when integrated with their existing digital infrastructure. Dilate will not be held responsible for any malfunctions, discrepancies, or damage resulting from the use of such third-party resources.
3G. Website Hosting Services
3G.1 Dilate Digital warrants that your uptime availability will be at least 99% except where the failure results from:
(a) 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;
(b) Your act or omission (or a person under your direction or control);
(c) 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;
(d) during scheduled maintenance windows, and any emergency maintenance and upgrade work;
(e) a requirement, direction or any other order issued by a court, government authority, administrative or judicial body;
(f) 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;
(g) any false breaches reported as a result of outages or errors of any Dilate Digital measurement system; or
(h) DNS propagation, Uptime SLA.
More details on Hosting T&C's are accessed here.
3G.2 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% percentage credit of the fees for the relevant Service in that month. Service Credits are calculated against that month’s webhosting fees and charges only. You must request a Service Credit in writing via our email address firstname.lastname@example.org. All requests must be made within 30 days of the Uptime SLA breach occurring, and you must provide Dilate Digital with details of the breach claimed for verification purposes. If the breach is confirmed by Dilate Digital (based on Dilate’s records obtained from its monitoring services) to have occurred, then Dilate Digital will, within 60 days of your request being received, apply the relevant Service Credit to your account. Dilate Digital will provide information regarding uptime and access to Dilate’s records from its monitoring services as reasonably requested by the client from time to time to assist the client to monitor uptime performance.
3G.3 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.
3G.4 You will be entitled to make only 1 claim for a Service Credit per month.
3H. Email setup
3H.1 Dilate will provide limited assistance in the setup of your email addresses via a selected third party. Instructions will be provided on the setup of the email access on your desktop and mobile devices in a single email client. Any further support regarding the setup or ongoing usage of your email will be provided via the third party, or can be requested from Dilate to be charged at our hourly rate.
3I. Search Engine Optimisation (SEO)
3I.1 Dilate Digital will undertake the optimisation of your website as per best-practise techniques used in the industry.
3I.2 Although we are the specialists in the industry, you agree and understand that SEO does not provide any guaranteed results and that results can vary based on your website history, industry, and many more factors. You agree to release us and any employee, owner, or director of Dilate Digital from being liable for any damages, cost, or loss of business due to any incidents and/or issues relating to any search engine’s actions.
3I.3 Websites which fail to comply with the following guidelines are excluded from any expectations which may have been set with respect to the SEO results:
(a) Where the submitted site is not the destination URL including 301, 302 and DNS redirects.
(b) Without content which can be readily indexed by a search engine, including but not limited to sites which contain only images, frames or flash content.
(c) That rely heavily on content or links to content created for another website, such as affiliate content.
(d) Which result in a 404 error or have frequent downtime.
(e) Which are secure such as https pages
(f) Where the “robots.txt” file is set-up in a manner which disallows crawling by search engine spiders and web robots.
(g) Where the website’s content is predominantly a duplicated version of content found on other website/s.
(h) If the website contravenes any other listing and SPAM guidelines as outlined by Google or any other search engine.
3I.4 You agree and understand that if you alter your SEO keywords after your initial selection of the keywords, Dilate Digital has the right to charge you additional fees provided that the additional fees are notified to you prior to commencement of any such additional work.
3J. Website Content Maintenance
3J.1 Adhoc website maintenance including content updates is charged at our then current hourly rates with a one (1) hour minimum and has a five (5) business day turnaround time. Website maintenance packages will have content changes administered 1-2 Business Days after requested. However, at times work will be completed in a faster manner through our ticketing system.