About DWY WEBSITES BY MOOLAH
This website is operated by Korii Gabrielle Anahera Scrivener Trading As Moolah Digital (ABN 70 235 998 251). By visiting Moolah Digital and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”).
Moolah Digital reserves the right to review and change any of the terms by updating this page at its sole discretion. When Moolah Digital updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
ACCEPTANCE OF THE TERMS
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Moolah Digital in the user interface, such as during checkout.
BETA GROUP TERMS (FOR NOVEMBER 2022 – FEBRUARY 2023)
For those Customers who have joined the DWY Websites Beta Group by purchasing a template in November 2022, you agree to the following terms:
- You are welcome and encouraged to provide regular feedback about all aspects of DWY Websites, however you acknowledge that not all feedback requests will be fulfilled and that it purely depends on the severity of the issue raised and if the same feedback has been communicated by the majority of the beta group.
- Whilst Moolah Digital are out of the office during Christmas (Wednesday 21st December until Monday 16th January), we are not obligated to respond to any support requests or provide any assistance. We will endeavour to provide as many resources and help as possible so you can continue to work on your website over the Christmas period.
- In exchange for a discounted rate, you will be willing to provide regular feedback to Moolah Digital during the course of you working on your website and to provide a testimonial which we can use on our website and social media.
- You understand that because this is our first time launching, there may be issues or errors with your template or client portal. We will aim to rectify any issues or errors as soon as we are able to.
WORDPRESS WEBSITE HOSTING
If a customer has selected a WordPress template to purchase, they will also be set-up with 12x months website hosting on Moolah Digital’s Siteground reseller hosting account.
We are unable to install templates on existing hosting accounts and as part of DWY Websites, you are obligated to have your new template/website hosted by Moolah Digital.
The customer will be sent an invoice to renew their hosting for another year, 1x month before the renewal date.
At least 2x weeks notice (prior to the renewal date) must be provided by the customer to Moolah Digital if they wish to cancel their hosting plan.
If you wish to cancel your hosting only part-way through your annual hosting cycle, you will not receive a refund for any unused portion of your hosting plan.
Failure to make payment to renew your hosting means that your website may be shut down and will remain shut down until full payment is made. If full payment hasn’t been made within 30 days, your hosting and website will be shut down completely.
The Customer is given one non-exclusive, non-transferable, non sub-licensable license. This license permits the customer to use the website template for their own business. The Customer may not resell the purchased license key provided by Moolah Digital to any other parties. The customer is also not authorised to redistrbute the website template(s) to any other parties (whether for financial gain or as a gift).
For our WordPress templates, the Customer is given access to a Divi license, Gravity Forms license and Advanced Custom Fields Pro license. Access to these licenses will remain until you decide to move to another website host, after which you will then need to purchase your own license keys in order to ensure these plugins and tools continue to function and stay up-to-date.
Moolah Digital owns the rights to all design, text, graphics, logos and trademarks you see within each Template design. Photographs are the property of Unsplash or Pexels and governed under their respective copyright licenses.
Where the option is given to you, you may make payment for the Services (the ‘Services Fee’) by way of 3rd party payment facilitator Stripe and PayPal.
When making any payment in relation to your use of the Services, you warrant that you have read, understood and agreed to be bound by Stripe’s or PayPal’s terms and conditions which are available on their website.
You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Service Fee.
You agree and acknowledge that Moolah Digital can vary the Services Fee at any time.
A 2x monthly and a 4x monthly payment plan is available.
For purchases where you select a 2x monthly payment plan, you will be billed in 2x separate payments over 2x consecutive months, with the first payment made at checkout.
For purchases where you select a 4x monthly payment plan option, you will be billed in 4x separate payments over 4x consecutive months, with the first payment made at checkout.
Monies will be automatically taken from your account or credit card. Please ensure that your account has sufficient funds available. Whilst you will receive access to your template, your website will not be transferred to your ownership or made live until payment has been made in full. Moolah Digital also has the right to remove your access to the template if payment is not made in full on time.
You will be provided with a link to book in a date to have your website made live.
If you wish to reschedule this date, you must give at least 24 hours notice. Failure to do so will result in a penalty fee of $200 + GST.
You may reschedule your launch date a maximum of 2x times. If you attempt to reschedule a 3rd time, Moolah Digital reserves the right to not launch your website for you and you will need to arrange an alternative for launching your website.
You must provide all required details, namely domain hosting logins, at least 24 hours prior to going launch so we have sufficient time to make sure everything is operating correctly. Failure to provide the right information may result in your launch being delayed to another date that fits within Moolah Digital’s calendar.
As the Service is digital, Moolah Digital will not issue refunds. If the Customer purchases a website template but feels it does not fit their business, you may be eligible to exchange it for another template. Reach out to email@example.com to discuss your case but please be aware that not all requests will be fulfilled.
You agree to indemnify Korii Scrivener T/A Moolah Digital, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Brisbane, Australia.
Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Services offered by Moolah Digital is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Severance If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Last updated: 29 November 2022