TERMS AND CONDITIONS of MemberLAB

The Small Print - Last updated April 21, 2020

Hey, we’re designers and developers, not lawyers. We do colours and code, not clauses.

But we’ve taken the time to pull together a Service Level Agreement to make the relationship between us (the lovely team here at MemberLab – Part of Melt Creative Limited) and you (our lovely clients) as straightforward and simple as possible.

Whether we’re designing you a membership website, building you a complete digital marketing strategy, or working on your SEO, you’ll find everything laid out below in black and white, from turnaround times to payment terms, so you know exactly where you stand when we’re working on your project.

WHAT YOU’LL PAY

  1. We’ll always provide you with the most accurate price we can, based on your site requirements and our experience and expertise working on similar projects.
  2. We won’t always get our pricing spot on, but that’s our problem, not yours. If the work doesn’t change, then we’ll invoice you exactly what we quoted in the first place.
  3. Of course, if there are significant variations to the original brief then that might mean variations to the price too. If you sign up for a “Starter plan”, and halfway through the project you decide you’d like additional functionality and features, we will have to look again at the work involved in the project and re-price accordingly.
  4. If you ask us to do something that wasn’t in the original project brief, and will mean that we have to re-price the project, then we’ll make you aware of this before you incur any additional cost over and above our original quote.

HOSTING

Hosting is supplied for you as part of all of our membership site plans for no fee for the first 12 months. 

  1. At the end of the 12 month agreement a hosting and support fee of $50 a month will take effect. If this goes unpaid we reserve the right to disable your service until any outstanding payments are brought upto date.
  2. In the event that you want to move your website and/or SQL server database to another web server supported by another party, then we’ll do everything we can to make that process happen as quickly and as seamlessly as possible, as long as your account with us is in good standing.
  3. If you have paid your balance in full and wish to transfer the website to your hosting company of choice we will transfer the site for you.
  4. We use high-performance web servers provided by a provider called Liquid Web & Cloudways. We prefer to use these Hosting companies because they offer a great service and an uptime performance of over 99.9%.  
  5. We also use a cloud-based service to ensure international customers websites have fast load speeds regardless of their clients locations.
  6. A daily backup of all customer website files and databases is kept safely on our server and in the unlikely event of a hard drive failure or other technical failure with the web server Melt Creative Ltd will re-setup the website as quickly as possible.
  7. We’ll use our best endeavours to rectify the cause of any disruption in the hosting service of a customer’s website(s) and to minimise the duration of any such instances.
  8. We won’t be liable for any compensation in respect of any down-time that may occur with the hosting of your website.
  9. If you (or a third party with your permission) create a problem with your website that requires us to remedy, then we’ll happily to unwind the problem, if necessary restoring your site from backup, but you need to know that;
  10. If the problem takes more than a few minutes to sort out, then we’ll send you an invoice for the work that we’ve done, based on our current Standard Hourly Rate.
  11. If we’re hosting your website, we may offer you third party services to enhance the performance of their websites.
  12. We will not be liable for any interruption, non-performance, or cancellation of the provision by third parties of any such services.
  13. We don’t offer email services with our hosting accounts.

MIGRATING TO YOUR NEW WEBSITE

If you are moving your content from another website or system to your new Memberlab website, it’s important to factor in time to move your content and members.

    1. Moving content. We will upload up to 30 items of content for you as part of your project fee. The site will then be given to you to upload the rest of your content, we have videos to help show you how this is done. If you want us to upload more for you, we are happy to do this at our hourly rate of $85 – the time taken will depend on the time this takes. 
    2. Current members and payment subscriptions. If you are migrating members and payment subscriptions, this will be treated as a separate project to the website build. We are happy to show you how to do this and supply guidance. If you would like us to do this for you, this is charged at our hourly rate of $85 based on the time it takes us to complete the project.  

WHEN YOU’LL PAY IT

  1. We’ll always provide you with the most accurate price we can, based on your site requirements and our experience and expertise working on similar projects.
  2. We won’t always get our pricing spot on, but that’s our problem, not yours. If the work doesn’t change, then we’ll invoice you exactly what we quoted in the first place.
  3. Of course, if there are significant variations to the original brief then that might mean variations to the price too. If you sign up for a “Starter plan”, and halfway through the project you decide you’d like additional functionality and features, we will have to look again at the work involved in the project and re-price accordingly.
  4. If you ask us to do something that wasn’t in the original project brief, and will mean that we have to re-price the project, then we’ll make you aware of this before you incur any additional cost over and above our original quote.

COPYRIGHT AND INTELLECTUAL PROPERTY

  1. Some of the work that we do is subject to copyright and remains the intellectual property of Melt Creative indefinitely. These elements may not be copied and used by any other party without our express written content.
  2. These elements include, but are not limited to:
    1. The source code of all website web pages;
    2. All custom scripts, css and other files used to create your membership site
    3. The stored procedures, functions and triggers programmed into SQL Databases
    4. Any logos and proprietary graphics supplied by you, as well as all written copy and images, will remain your copyright.
    5. If you supply an image to us to which you do not own the rights (i.e one that you’ve snaffled off Google Images), and we use that image in your project, then we’ll accept no responsibility if the holder of the copyright of that image sends you a stiff letter/invoice/court papers.
    6. Plugin licences –  We use a collection of plugins to give your site the membership functionality it needs. These licences are ours and can not be shared or resold.

SUPPORT

  1. All plans come with 12 months email and technical support from the time your project starts.
  2. This support includes technical support and advice to ensure you are making the most of your project. This does not include design amends, adding additional functionality, creating pages or uploading content.
  3. Our support plan covers everything we set up for you, if you add additional plugins or code to the website that cause an issue we take no responsibility for these and may have to charge to fix any issues that they cause.
  4. CRM and marketing campaigns are not covered in the basic support, plans if you wish for more enhanced support we have a range of support plans available and you can also buy additional support time on an hourly basis of $85 per hour.
  5. Any additional requests deemed outside the scope of support will be raised and we will offer you a quotation to do this additional work.
  6. Once the original agreement expires you can continue to get hosting, support and updates for an agreed monthly fee.

OUR SATISFACTION GUARANTEE

Whatever work we’ve done for you, we’re sticklers for making sure that we meet or exceed the initial brief at every turn. In the unlikely event that you feel we haven’t met the brief completely, then we’ll investigate and get it sorted pronto for you.

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