Updated 22 December 2016
Terms and Conditions
The parties hereto agree as follows:
WHEREAS Chiropractic iQ designs chiropractic websites for use on the Internet's World Wide Web, provides website hosting services, domain name registration services, brand / logo development services, E-newsletter services and Pay per Click (PPC) services;
WHEREAS, You desire Chiropractic iQ to develop a website including some or all of the following; website hosting services, domain name registration services, brand / logo development services, E-newsletter services and Pay per Click (PPC) services;
NOW THEREFORE, the parties agree as follows:
"Agreement" means this written agreement Between Chiropractic iQ and You.
“CMS” means Content Management System, a dashboard you can access for your Chiropractic iQ website to edit designated text content and images in your website.
“CSS” means Cascading Style Sheets, a means of building a website for presenting on the internet.
“Dashboard” means the website and email management console you access to edit certain areas of your website content including text and images, where you can add, edit and delete contacts in your e-newsletter database and the place where you administer the sending of e-newsletters to your subscribers.
"Domain Name" is the alphanumeric name associated with your website, web pages or electronic mail.
"Email" means any communication transmitted via the Internet which is stored in the recipient's e-mail box.
“E-Newsletter” refers to an email communication delivered via the Chiropractic iQ email management system to your participating subscribers.
"Hosting" or "Web Host" means storing your website on an Internet server computer, receives or stores commands or data transmitted by Internet users, transmits Web Page data to users' Internet addresses, and performs related maintenance.
"Hour" means one hour spent by one developer.
"HTML Code" means hypertext mark-up language, which is the language commonly used for developing the appearance of Web Sites.
"Intellectual Property Rights" means:
- Rights in any patent, copyright, trademark, trade dress, and trade name;
- Related registrations and applications for registration; and
- Trade secrets, moral rights and goodwill.
"Internet" means the global computer network comprising interconnected networks using standard Protocols.
“Pay per Click” PPC means the payment for each individual web user who clicks on a predetermined search term via the ‘Google Adwords’ System.
“Search Engine Optimisation” (SEO) refers to the process of applying industry-recommended methods following 'white hat' principles for the purposes of improving credibility and relevance with the search engines.
“Setup” means the process of preparing the all elements of your website and e-newsletter prior to the final approval to take ‘live’ or launch your website on the World Wide Web for people to view your website.
“Setup Fee” means the payment for preparing the all elements of your website and e-newsletter prior to the final approval to take ‘live’ or launch your website on the World Wide Web for people to view your website.
“Style” refers to the website template design that you can select at www.chiropracticiQ.com.au/websitestyles
“Subscriber” is defined as a person who gives permission to have their personal and business details administered via the Chiropractic iQ management dashboard for (your) website in order to receive direct communications such as e-newsletters sent via the Chiropractic iQ email management system.
“Subscription Fee” is defined as the remuneration payment made in advance on either a monthly or annual basis by you for the Chiropractic iQ website service defined in this agreement.
"Web Page" means each individual screen display contained in a Website.
"Website" means all Web Pages and domain names associated with your practice, and which are stored on Chiropractic iQ’s designated Internet server computer.
"World Wide Web", or "WWW", is a subset of the Internet, and is a common system for browsing Internet Websites.
All pricings listed are in Australian Dollars and exclusive of GST.
2.0. Chiropractic iQ agrees to:
2.1. WEBSITE DEVELOPMENT
- Consult with you to define the agreed image for your practice to be applied to your website. A Design Brief Questionnaire shall be used to elicit the relevant information required to decide on the appropriate direction for the individual needs of your practice to be communicated in your website.
- Apply your brand and image to the Chiropractic iQ Style you select from the website www.chiropracticiQ.com.au. This shall include, and is restricted to; the definition of your colour palette, application of your logo and a selection of images and messages for your image rotator if applicable. Structural changes to the website style (ie; layout, functionality, alterations to menu) are considered ‘custom’ changes and will immediately incur additional costs at the hourly rate of $150/hr.
- Provide you with a concept design of the website home page for your feedback and approval and allow for 2 rounds of changes with revised concepts to be provided. Additional changes to the website design will immediately incur additional costs at the hourly rate of $150/hr.
- Chiropractic iQ agrees to provide up to 3 image library images for use in your website’s image rotator (if applicable). Additional images are charged at $44 each. Alternatively, you may choose to provide your own images.
- Your set up fee includes all the revisions and design development (as per Authority to Build your Website) prior to your website going 'live'. Any changes requested after this point will be billed at an hourly rate of $150/hr.
- You can choose to have a custom website package designed and constructed which will be confirmed in a formal price quotation prior to the commencement of any works.
- Pre-populate your website with Chiropractic iQ content. This content will be customised to include your business name, contact details and location. You will have the opportunity to adjust this content (eg. edit text, add images, links and staff profiles) once your website is built via the CMS. Chiropractic iQ takes all care but no responsibility for the website’s content meeting regulatory guidelines. We strongly recommend that your content is regularly reviewed and approved by your governing industry bodies.
- Additional pages and/or content are charged at the hourly rate of $150/hr. All proposed changes shall be confirmed with a price indication prior to commencing any additional works.
- Provide links to Google maps on your contacts page.
- Provide analytics statistics reports monthly that define the metrics of your site usage from visitors to sources of access etc. [It is a great way to monitor the effectiveness of your Chiropractic iQ website].
Many practices choose to develop a new brand in alignment with their website development in order to truly give their business a facelift. You can enquire about our additional branding services at any time.
2.3. DOMAIN NAMES
- If you already have a domain name registered, Chiropractic iQ shall require the username and password of your existing domain name registration in order to assist you in transferring your domain name to our nominated server for hosting.
- In the event that you do not have a domain name registered Chiropractic iQ shall deliver advice on appropriate domain names for you to choose from. Once instructed Chiropractic iQ will register the selected domain name(s) for the fee of $140AUD /2 years per domain name for a .com, .com.au, .co.nz. designation. [Note – The domain name is your property, Chiropractic iQ simply manages it on your behalf].
2.4. WEB HOSTING
- Your domain(s) name shall be set up on Chiropractic iQ’s nominated server hosting package and be maintained and managed on your behalf.
- Chiropractic iQ will include and initiate up to 2 email accounts on your domain hosting. Additional accounts will incur a fee of $5AUD each per month.
- Backup your database of website information on a regular basis.
2.5. ONLINE PRESENCE
- Your website will be constructed using best practice on page Search engine optimisation (SEO) website construction methodologies to ensure that the search engines view your site favourably. [Note: If you wish to dominate your market online, we recommend you undertake our guaranteed SEO campaign service. You can enquire about our additional SEO campaign services at any time].
- Chiropractic iQ has no control over the search engines such as Google and without an SEO campaign service in place we cannot offer a guarantee on their role in defining how your website is ranked by search engines in general.
- Chiropractic iQ cannot guarantee an immediate first page presence and recommends you undertake a Search Engine Marketing (SEM) and Search Engine Optimisation (SEO) campaign whilst your natural ranking continues to grow and improve over time [Note: you can enquire about our additional digital marketing services at any time].
2.6. CONTENT MANAGEMENT SYSTEM
Chiropractic iQ provides a ‘Support & Training’ page on their website which includes a series of video tutorials to guide you through how to navigate and utilise your CMS to adjust your website content and send E-newsletters. If you require further assistance, you may request a phone training session. Please note; phone training can be purchased in additional pre-paid hourly blocks of $150/hr. Chiropractic iQ can also provide a content management service upon request, which will incur an additional cost at an hourly rate of $150/hr.
3.0. You and Your practice shall:
3.1. PROVIDE THE REQUESTED INFORMATION to ensure that your website is built in a timely manner.
- Supply your logo, selection of images for rotator (optional), and domain registration details (if applicable) to facilitate the efficient propagation of the website. Note – You must have authority to use any materials supplied to Chiropractic iQ on your website.
- After returning this agreement, coordinate an appropriate time to speak with your Chiropractic iQ representative about the details of your website design.
3.2. PAYMENT REQUIREMENTS
- On the signing of this agreement you authorise Chiropractic iQ to receive the non refundable, set up fee and first monthly fee as per your package selection.
- You further agree to continue the payment of the fee on the same day of the month for the minimum term of your service agreement.
- On expiry of the initial term this Agreement shall continue in force on a monthly basis unless either you or Chiropractic iQ provides a minimum of 30 days written notice prior to the expiry of the existing Agreement.
- Credit card payments have a 2% surcharge.
4.0. INTELLECTUAL PROPERTY (IP)
- You agree that all information and content provided by Chiropractic iQ is the copyright of the owners of Chiropractic iQ. You are not permitted to develop derivations of any information of copyrighted content for use in any media other than your Chiropractic iQ approved website without written approval of Chiropractic iQ.
- Your use of the Chiropractic iQ system affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to any and all protectable components of our system, including but not limited to the computer software, the related documentation, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition; you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system that we, or our suppliers own.
All communication / information provided by you to Chiropractic iQ is considered confidential and will not be passed on to other parties without your consent.
6.0. DUE DILIGENCE
You acknowledge that you have examined and checked in its entirety the content of the Chiropractic iQ website style selected. You agree to the execution of all content and marketing principles as applied. You further agree to assume all responsibility for any consequences that may occur as a result of the content, recommendations, ideas, claims and errors or omissions that are provided and contained within the original and consequent inclusions. You acknowledge and agree that Chiropractic iQ shall not be responsible for such consequences as a direct or indirect result of any error of due diligence on your part.
7.0. MARKETING AUTHORISATION
- You warrant that Chiropractic iQ is authorised to use your website design, branding and other marketing collateral and results for the purpose of promoting Chiropractic iQ and its affiliated businesses.
- You authorise Chiropractic iQ to present its business name, logo and hyperlinks to www.chiropracticiQ.com.au in the footer of your website.
8.0. CHANGES TO TERMS OF CONTRACT
Chiropractic iQ reserves the right to implement changes to the Chiropractic iQ website model and to the terms of this agreement provided that Chiropractic iQ delivers notice to you in writing 30 days prior to the end of this Agreement.
9.0. TERMINATION OF AGREEMENT
Chiropractic iQ reserves the right to terminate the provision of service in the event of your –
- Presenting Chiropractic iQ in a negative manner in any media
- Infringement of Copyright
- Failure to pay as and when due
- Use of the website or E-newsletters in a negative manner and/or contrary to the positive principles of Chiropractic iQ.
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
11.0. LIMITATION OF LIABILITY
You must bear the risk of any liability relating to your use of our system. Your use of the online system is entirely at your sole risk. We will not be responsible to you or any third parties for any direct or indirect, consequential, special or punitive damages or losses you may incur in connection with our system, your use thereof or any of the data or other materials transmitted through or residing on our system, regardless of the type of claim or the nature of the cause of action, even if we have been advised of the possibility of such damage or loss.
12.0. FORCE MAJEURE
- In the event of a service interruption arising from a natural disaster, act of terrorism, war, and other major events that are clearly outside a party's control or unforeseen internet service interruption beyond the control of Chiropractic iQ, neither Chiropractic iQ nor you will be held liable for the failure to comply with this Agreement.
- Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary licence), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
- To clarify examples of forces beyond the control of each party to this Agreement:
- natural disasters (earthquakes, hurricanes, floods)
- wars, riots or other major upheaval
- performance failures of parties outside the control of the contracting party (e.g., disruptions in internet service attributable to the internet company or labour actions by employees of a common carrier
13.0. CHOICE OF LAW
You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of the State, and that any action arising out of this Agreement shall be litigated and enforced under the laws of the State. In addition, you agree to submit to the jurisdiction of the courts of the State, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the State.
14.0. iQ GUARANTEE
Chiropractic iQ offers an additional service called the iQ Accelerator. This service guarantees that your Website will attract new patients to your practice and convert enough patients to double the return on your monthly investment after just 4 months of your website going 'live'. Chiropractic iQ will offer your monthly subscription for free if our guarantee is not delivered as per the following terms and conditions:
- Guarantee only available to ‘iQ Accelerator’ practices who undertake our marketing strategy recommendations unique to your practice.
- Guarantee only available to two practices per competitive location (i.e. per suburb). Individual practice return on investment will initially be calculated after 4 months (16 weeks) of website going live and may be reassessed by the client in any calendar month thereafter.
- Return on investment will be calculated based on average figures and an equation developed by Chiropractic iQ following extensive industry research:
- Patient visit average = 25 visits (over lifetime).
- New patient fee average = $100.
- Subsequent patient fee average = $50.
- Average lifetime value of a patient = $1,300.
- Number of patient conversions = number of visits to 'Contact Us' page of website in given month (based on individual client's Google Analytics monthly report).
- MONTHLY RETURN ON INVESTMENT = Number of patient conversions x average lifetime value of a patient.
- Average patient visit numbers and fees will not be negotiated or tailored for individual practices.
- Monthly subscription fee will be completely waived in any month (from fourth month of 'live' website service onwards) if, as per the above equation, the client finds that their MONTHLY MARKETING RETURN ON INVESTMENT calculations as stated above was not at least double the amount of their total monthly fee.