Terms & Conditions

The following terms and conditions apply to all Kajabi websites, marketing and design services provided by MegBurrage.com to the Client.

1. Acceptance

A signed acceptance of these terms and conditions is not required for them to apply. If a Client accepts a quote and engages the services of MegBurrage.com, the Client will be deemed to have agreed to these terms and conditions, and have accepted all terms and conditions in full.

Any engagement of MegBurrage.com or use of services provided by MegBurrage.com implies that you have read and accepted our terms and conditions.

2. Scope of Work (“Services”)

The Scope of Work or “Services” provided by MegBurrage.com to the Client is outlined in the project quotation, and also included in Appendix A “Scope of Work” located in the appendix of these Terms and Conditions.

3. Charges

Charges for one-off projects to be provided by MegBurrage.com are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. MegBurrage.com reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all Kajabi site assembly services, and marketing and design services require an advance payment of a minimum of thirty-three (33) percent of the project quotation total before the work is supplied to the Client for review. A second payment of thirty-three (33) percent is required after the completion of the second (2nd) months’ work, with the remaining thirty-three (33) percent of the project quotation total due upon completion of the engagement, and prior to the Clients Kajabi site going live.

Payment for services is due by credit card via Stripe only.

4. Client Review

MegBurrage.com will provide the Client with an opportunity to review the appearance and layout of the Kajabi site during the design phase and again once the overall Kajabi site is completed. At the completion of the engagement, such materials will be deemed to be accepted and approved unless the Client notifies MegBurrage.com otherwise within ten (10) days of the date the Kajabi site are made accessible to the Client.

5. Turnaround Time and Content Control

MegBurrage.com will build and supply the Client's Kajabi site by the date specified in the project proposal, or at date agreed with Client upon MegBurrage.com receiving initial payment, unless a delay is specifically requested by the Client and agreed by MegBurrage.com.

In return, the Client agrees to delegate a single individual as a primary contact to aid MegBurrage.com with progressing the engagement in a satisfactory and expedient manner.

During the project, MegBurrage.com will require the Client to provide site content; text, images, movies and sound files which include (but not limited to) the following:

• Business logos
• Style Guides
• Homepage photos
• About photos
• Other website photos
• Blogs
• Emails / subscriber content
• Freebie (Opt-In) e.g PDF document, mini-series etc
• Videos 

6. Failure to provide required Kajabi site content:

In order to remain efficient, we must ensure that work we have accepted is carried out at the scheduled time. This may involve us turning away other business in order to ensure your engagement is delivered in full on time. For this reason, we request that you provide all the required information and content in advance via the correct Google Form that will be provided to you. On any occasion where progress cannot be made with your Kajabi site due to delays in providing the required information or content by the Client, we reserve the right to impose a surcharge of up to 25%, or prioritise another Clients engagement. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently. 

MegBurrage.com will provide notification of any delays to the project delivery in writing by email as soon as a delay to the project is forecast.

7. Payment

Standard payment terms for the Done-For-You service options are payment in full upfront in a single payment or 12 monthly payments. Upfront full payment is to be made before any work commences. If paying by monthly payment plan, Client understands they are agreeing to a minimum 12-month term, with the option to extend, and that canceling their Kajabi account does not terminate the contract they have with us.

For students participating in the Kajabi 12-module course, payment is due as per the terms stated in the checkout page of the course.

8. Additional Expenses

Client agrees to reimburse MegBurrage.com for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, stock video etc.

9. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice.  Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

10. Refund

For students participating in the Kajabi 12-module course, the student is within their rights to request a refund at any stage between point of purchase and the end of Module 1 of the course, should they feel the course is not right for their needs. 

No refunds are offered on completed Done-For-You services, however we always aim to please and will provide unlimited revisions until the Client is 100% happy with the output.

11. Indemnity

All MegBurrage.com services may be used for lawful purposes only. You agree to indemnify and hold MegBurrage.com harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants MegBurrage.com the rights to publish and use such material for the purpose of creating the Kajabi site. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting MegBurrage.com permission and rights for use of the same and agrees to indemnify and hold harmless MegBurrage.com from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A signed contract for the Kajabi site design, or engagement of any service provided by MegBurrage.com shall be regarded as a guarantee by the Client to MegBurrage.com that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. Standard Media Delivery

The format, size, quality, and other specifications relating to the images, videos, and other content or material needed by MegBurrage.com will be provided in a Content Specifications document on commencement of the engagement.

14. Design Credit

A link to MegBurrage.com will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than $3000, a fixed fee of $300 will be applied. The Client also agrees that the Kajabi site developed for the Client may be presented in MegBurrage.com's portfolio.

15. Access Requirements

MegBurrage.com must be granted temporary administrator access to the Client's Kajabi environment to commence and complete the engagement.  Depending on the specific nature of the project, other resources or access to other content or marketing repositories may be requested.

16. Post-Placement Alterations

MegBurrage.com cannot accept responsibility for any alterations caused by the Client or a third party to the Client's Kajabi site on completion of the project. Such alterations include, but are not limited to additions, modifications or deletions.

17. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

18. Governing Law

This Agreement shall be governed by prevailing local laws in Perth, Western Australia.

19. Liability

MegBurrage.com hereby excludes itself, its Employees and or Agents from all and any liability from:

• Loss or damage caused by any inaccuracy;
• Loss or damage caused by omission;
• Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the Kajabi site;
• Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of MegBurrage.com to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

20. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone.

Appendix A “Scope of Work”

The following outlines the Scope of Work to be provided by MegBurrage.com to the Client. Any requested changes to the deliverables listed in the Scope of Work, by either MegBurrage.com or the Client must be provided in writing, accepted by both parties, and an Addendum will be distributed for signing by both parties before being accepted.

• Project name:
• Project commencement date:
• Target Project completion date:
• Project cost:
• Client Primary contact:
• com Primary contact:

Scope of Work

• Existing website transfer to Kajabi, or new site build on Kajabi with up to 5 pages including:
  • Homepage
  • About page
  • Contact page
  • Blog page (3 blogs uploaded)
  • Course/Services page *additional pages can be scoped and priced
• Sales Funnel / Customer Journey creation, may include:
  • Landing page/opt in
  • Email sequence
  • Sales / transaction page
  • Thank You page / post sales communication
  • Upsell offer
• Course environment created
  • Course modules loaded ready for student access
• Graphic design work including:
  • Module covers
  • Course banners
• Automated welcome email sequence
• Access to “Monday” Task Tracking Dashboard for task management 

This engagement does not include marketing of the Client’s course or social media advertising.

Last updated 20 January 2020