Terms and Conditions

Terms and Conditions

Get The Most Out Of Your Knobin Website

Please read Knobin Digital’s Terms and Conditions carefully, along with our Service Agreement. We at Knobin Digital value our clients trust and maintain transparent, clear and simple to understand contracts. If you have any questions, please feel free to email and call us to discuss. 
This agreement shall be made between You (client) and Knobin Digital Australia, PO BOX 6470, Silverwater Business Centre, Silverwater, NSW 2128, Australia, along with any of our subsidiaries, affiliates, employees, officers, agents or assigns, that form a part of your purchased Knobin Digital website development and digital marketing services.

In order to use Knobin Digital Services, it is important that you comply with these Terms and Conditions. Kindly note, these Terms and Conditions are subject to change without notice and may be superseded. Knobin Digital may modify these Terms and Conditions by general notice on a page of our website, by email or by any other method of communication.

Service Agreement 

Demo of Knobin Products

Knobin Digital does provide a free demo and consultation for our clients. We have special campaigns and deals where we provide our clients with a free demo of our Knobin Digital website design and development digital marketing, tools and products. However, the client should bear in mind, that not all Knobin Digital products and services have a demo or pilot run for the clients, it depends on the type of Knobin Digital products or services required and the ability to provide a demo. Knobin Digital does provide comprehensive information and consultation over the phone and email as well. 

Knobin Digital Products & Services Quotation 

Knobin Digital has various digital products and services available. Once the client chooses the type of products & services they require from our Knobin Digital website, they will contact our Knobin Digital service consultant (via Knobin Digital’s provided client communication channels); the Knobin Digital service consultant will be happy to provide you a quote depending upon your needs and budget. The client agrees that they will inform the Knobin Digital service consultant in writing or over the phone, and agree to the service agreement, subscription and services offered by Knobin Digital as chosen by the client. If you would like to add/on additional services, separate quotes will be provided by our Knobin Digital consultant. 

Make sure you inform Knobin Digital consultant of any of your additional requirements. The client is responsible to ask Knobin Digital’s service consultant the details and items provided in the quoted package and make sure it is the correct package suited to you/or your business/organisation needs. It is your recommended as our client to read and ask any questions that you may not be sure of (via email or phone) before going ahead and making payment online.

Prices 

Knobin’s client must agree to the proposed prices as quoted by Knobin Digital’s service consultant. The client must agree to the price and make payment online according the price or quote given on the day of the purchase of Knobin Digital products/ services and/or subscription. The agreement of the price may include the setup fee, the monthly subscription fee and any/other add/on products/services purchased. 
The client should be aware that Knobin Digital’s future prices are subject to change according to any upcoming future Knobin Digital’s advertised sales promotion, service offers or revised prices, and costs. Knobin Digital values its existing clients/customers and will let them know of any upcoming promotions offer that they may also benefit from.

Additional Products & Services - Prices 

Knobin Digital Team may recommend additional Products & Services as per the client’s need or demand but may charge a fee or cost related to the product or service being provided. 

If Knobin Digital provide services outside of the scope of services agreed upon in the packages or service agreement, additional charges may apply. In the event that Knobin Digital is asked to do hourly work outside of the scope of this agreement, then relevant fees may apply.
If additional services, such as training client staff, other related manuals, or demo, presentations are required, there will be a separate schedule of costs. Knobin Digital looks after their clients post service delivery so Knobin Digital will be able to provide you with a suitable quote according to your budget and needs.

Payment

Knobin Digital’s Clients will be billed monthly for their service and payments will be due on the first week of every month. An invoice will be issued electronically and sent to the client on the provided email as a reminder of your upcoming payment, purchased products/services/subscription and on-going payment plan to Knobin Digital. It is the responsibility of the client to check the date of payment, billing cycle and hold enough funds in your bank card/bank account.

Late Payment and Non-Payment

If the client fails to make regular payment on their Knobin monthly subscription/service, the client will be sent a reminder and if the payment is more than 14 days late, a small late fee will be charged. However, if the payment is delayed by more than 60 days, the service agreement will end, and the website will be suspended. The client must inform Knobin Digital team of any financial hardship and work out a payment plan if payment is delayed by more than 14 days.

Term of Agreement

Under Knobin Digital Product and Service quotation, there may be one-off purchased deals without monthly subscription, package and service deals, product/service subscription, maintenance subscription or individual itemised costs of Knobin products/services. The client depending on their products/or services purchased from Knobin Digital will be sent a detailed quote. Post Knobin Digital product or service delivery, Knobin Digital would be happy to work with the client in future and provide consultation and will be happy to assist with related products or services and/or maintenance but there will be separate charges/costs.

Knobin Digital’s Clients must pay the amount provided in the quote (Price & GST). For the clients that have purchased the on-going products/service subscription, they must ensure that their fee is paid in full every month (according to the agreed price in quoted package, and on time of the monthly billing cycle) to ensure that the Client’s website is running and is operating. 
The client can withdraw from Knobin Digital monthly subscription/and or product/service/subscription but must pay the balance of the full one-off cost for the website if they would like to continue running their own website. Until then, the digital intellectual property of the website will remain under Knobin Digital. 

Client will Provide Access & Authorisation to Knobin Digital (work-related, business and digital content)

Knobin Digital’s client agrees to give access to all tools, digital assets, software, websites, social media, landing pages, accounts, etc. that they will need to access in order to fulfil the development of their website and/or digital platform and/or digital marketing project. Knobin Digital will always obtain permission and inform the client of what is being used and let them know how it is relevant/or being used in relation to their digital project. Knobin Digital use best efforts to secure and protect all passcodes of clients. Only authorised representatives of Knobin Digital will be allowed to access passcodes.

Client Responsibility – Content 

Knobin Digital’s Client must agree to provide all content required (text, articles, photos, graphics, video etc) to assist Knobin Digital developers to complete and manage their digital projects. If the Client does not have content available, then Knobin Digital team may charge additional fee/charges according to the Client’s need and demand for content development. It is the client’s responsibility to provide up-to-date content and material relevant to their business/organisation.

Copyrights and Trademarks 

Knobin Digital Client must inform Knobin Digital and unconditionally guarantee that any elements of text, graphics, videos, photos, content, designs, trademarks, or other artwork provided to Knobin Digital for inclusion in web pages, social media, etc. are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements. Client agrees to hold harmless, protect, and defend Knobin Digital from any claim or suit arising from the use of such elements furnished by the Client.

Ownership to Deliverables

Knobin Digital and its partners retain the intellectual rights to all items previously owned by Knobin Digital. Knobin Digital’s client retains the rights to all deliverables that are not marked as Knobin Digital property. Items that are not specifically transferred to the Client will remain the property of their respective owners. Knobin Digital may choose to give the Client a one- use of any of its intellectual property - However, this is a signed written agreement.

Knobin Digital Work Credit 

Knobin Digital will use clients name and website for Knobin Digital promotions, online portfolio, past clients list, on social media, in print material, etc. for advertising and promoting Knobin Digital services to other companies.

Non-Disclosure 

Knobin Digital reserves the right to assign certain subcontractors to this project if it sees the need to do so in order to meet the requirements of this agreement. Knobin Digital and its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this agreement disclose any non-public or Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any non- public confidential information obtained about Knobin Digital to another party.

Performance Liability

Knobin Digital’s clients must agree and acknowledge that Knobin Digital can make no guarantee return of business or profits as a result of our work. Knobin Digital team will make every effort that the clients digital marketing is successful and leads are generated as a result of our work. Knobin Digital does not warrant that the functions supplied by its work, web development, web pages, digital marketing, consultation, advice, or work will meet the Client’s requirements or that the operation of the work/deliverables will be uninterrupted or error-free. The entire risk as to the quality and performance of the work and deliverables is with Client. In no event, will Knobin Digital be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these digital marketing services or website(s), even if Knobin Digital has been advised of the possibility of such damages.

 Indemnity

Knobin Digital’s client does hereby expressly agree to indemnify and hold harmless Knobin Digital its Owners, its principals, officers, employees and contractors against all suits, actions, claims, demands, or costs of any kind to which they may be subject arising or resulting at any time or place from anything done or omitted to be done by them in connection with this project. The client hereby waives all claims which, but for this waiver, it may have, or which it may hereafter acquire, against Knobin Digital its Owners, its principals, officers, employees and contractors arising or resulting at any time or place from anything done or omitted to be done by them regarding this project.

Confidentiality 

Knobin Digital and its Client agrees to keep confidential, and not to use or disclose except as permitted by these terms and conditions, any Confidential Information of the other party. The parties agree not to disclose these terms and conditions (including any schedules), or any details of a Purchase Order or Pricing Structure. This obligation of confidence extends to Confidential Information obtained by a party before entering into this agreement. Each Party shall refrain from making negative comments about the other Party, whether online or in person.
The obligation of confidence as set out above does not apply to Confidential Information to the extent that is required to be disclosed by law or the rules of any stock exchange on which the recipient’s securities:

  • are listed, provided that the recipient discloses the minimum amount of Confidential Information required to satisfy the Law or rules.
  • The Party required to disclose the other Party’s Confidential Information as set out above must:
  • provide a reasonable amount of notice to the other Party of the proposed disclosure;
  • consult with the other Party as to the form of the disclosure; and
  • take all reasonable steps to maintain such Confidential Information in confidence.
Each party must take all steps and do all such things as may be necessary, prudent or desirable in order to safeguard the confidentiality of the Confidential Information of the other party.

Warranty Disclaimer & Refund

Knobin Digital does not provide a service warranty. If your Knobin digital product or service we have provided has by the client been interrupted, changed, altered, and modified, and due to this you have foreseeable loss or damage, once we have delivered the product or service, it is the responsibility of the client. However, any major failure related to us (Knobin Digital) from our end, our services come with guarantees that cannot be excluded under the Australian Consumer Law, you are entitled to the following:

To cancel your service contract with us; and to refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any reasonably foreseeable loss or damage. 

If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time, and if this is not done, to cancel your contract and obtain a refund of the unused portion of the contract. 

We cannot refund the setup fee for Knobin digital products and service or the one-off packages cost for our Knobin digital products or service or web design development product or service, as once those products & services are delivered we have already use client funds to develop those product or service. 

I the Client, agree to Knobin Digital’s Terms and Conditions

At Knobin Digital we look after our clients. We will to the best our ability ensure that the client is provided service with due care and skills. We will to the best of our ability will ensure our products and services fit for the particular purpose they are designed for, and our services will be provided within a reasonable, or as per agreed times, for the client. 

Upon your agreement to our Terms and Conditions, we look forward to working with you and welcome you on board your Knobin Digital experience.


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