Terms & Conditions

Effective Date: 01.01.2025
Last Updated: 14.05.2025

1. Services Overview

Malta Web Agency provides comprehensive digital marketing and web development services, including:

Website-as-a-Service (€79/month)

Custom website design from premium templates
Mobile-first responsive development
Hosting, SSL certificates, and daily backups
Security hardening and speed optimisation
Initial SEO setup (titles, meta tags, schema markup, Google Business Profile guidance)
Content and image placement
Contact forms and booking widgets
Cookie banners and basic privacy page
Uptime monitoring and unlimited minor updates
2 rounds of design revisions at launch
Monthly maintenance and plugin/theme updates
Bug fixes and technical support
Email/chat support
1 hour per month of content editing included

SEO Subscription Services

Starter SEO (€250/month):

1 blog post monthly (900-1,200 words)
1 quality hyperlink monthly
Keyword research and mapping
On-page optimization
Monthly technical checks
Google Business Profile optimisation
Analytics and reporting

Growth SEO (€600/month):

3 blog posts monthly (900-1,200 words each)
3 quality hyperlinks monthly
All Starter SEO features
Quarterly content hub review
Internal linking refresh

Authority SEO (€1,300/month):

7 blog posts monthly (900-1,200 words each)
7 quality hyperlinks monthly
All Growth SEO features
Content briefs for “money pages”
Topical authority planning
Competitive gap analysis
Quarterly strategy calls

2. Pricing and Payment Terms

Subscription Fees

Website-as-a-Service: €79 per month (12-month minimum term recommended)
SEO subscriptions: As outlined above

Payment Terms

No setup fees for standard services
Monthly billing in advance via automatic payment
Payment due within 14 days of invoice date

3. Service Delivery and Performance

Website Development Timeline

Discovery: Day 0-1 (10-minute intake call)
Content Kit: Day 1-2 (structure and copy requirements)
Design & Build: Day 2-5 (first preview within 3-5 days)
Revisions: Day 5-7 (up to 2 revision rounds)
Go Live: Week 1 (tracking setup, Search Console submission)

Service Level Agreements

Same-day acknowledgement of all support requests
48-72 hour turnaround for standard edit requests
Monthly maintenance is performed during agreed maintenance windows
Uptime target of 99.5% (excluding scheduled maintenance)

Content and Link Building Standards

All blog posts are human-edited and SEO-optimised
Quality hyperlinks from relevant domains (no PBNs or spam)
White-hat link-building practices only
Target domain metrics and anchor text diversity are managed professionally

SEO Performance and Results

No Guarantees: Malta Web Agency makes no guarantees regarding specific SEO outcomes, rankings, traffic increases, or business results
Best Efforts: We commit to applying our expertise, knowledge, and industry best practices to achieve the highest possible search engine positioning
Variable Factors: SEO results depend on numerous factors beyond our control, including:
- Search engine algorithm changes
- Competitor activities and market conditions
- Website age and domain authority
- Industry competitiveness
- Local market dynamics
- Client’s business reputation and reviews
Reporting: Monthly transparent reporting shows progress, work completed, and strategic recommendations
Long-term Process: SEO is a long-term strategy; significant results typically require 3-6 months of consistent effort

4. Client Responsibilities

Information and Access

Provide accurate business information for service setup
Supply logos, photos, and content materials as requested
Grant necessary access to Google Business Profile, social media accounts, and existing websites
Designate authorised points of contact for decision-making

Content and Approval

Review and approve deliverables within agreed timeframes (typically 5 business days)
Provide timely feedback on designs, content, and campaigns
Ensure all provided content complies with applicable laws and regulations
Confirm ownership or proper licensing of all provided materials

Collaboration Requirements

Participate in scheduled calls and meetings
Respond to requests for information within 3 business days
Maintain current contact information and payment details

5. Intellectual Property Rights

Client-Provided Materials

Client retains ownership of all pre-existing materials, content, and intellectual property
Client warrants they have full ownership or proper licensing for all provided materials
Client grants Malta Web Agency license to use the provided materials for service delivery

Malta Web Agency Created Works

Custom designs, code, strategies, and methodologies remain Malta Web Agency’s intellectual property
Upon full payment, Client receives an unlimited license to use deliverables for intended business purposes
Malta Web Agency retains the right to display work in portfolio and marketing materials (non-confidential elements only)

Third-Party Elements

Stock photos, fonts, plugins, and templates are subject to their respective licenses
Client is responsible for any additional licensing fees for premium elements
Malta Web Agency provides standard commercial licenses where applicable

Website Ownership and Transfer Rights

During Subscription (0-24 months): Malta Web Agency retains ownership of website files, database, and source code
Client has full access to use and manage website content, but does not own the underlying files and cannot access the backend of the website.
After 24 months: Client gains the right to request full website transfer at no additional cost
Early Transfer (before 24 months): Available upon payment of the difference between the subscription fees paid and the full development cost
Post-24 Month Pricing: Monthly maintenance rate remains €79/month regardless of ownership transfer
Transfer Process: Includes all files, database, documentation, and migration assistance to the client’s chosen hosting provider

6. Cancellation and Termination

Client Cancellation Rights

30 days written notice required for cancellation
Website subscriptions: Service continues until the end of the paid billing cycle
No refunds for partial months or completed work

Early Termination and Website Transfer

Before 24 months: Client may terminate and request website files upon payment of the difference between the total subscription fees paid and the full development cost equivalent
After 24 months: Full website transfer available at no additional cost if the client chooses to continue with a different service provider
Continued Service: Clients who choose to remain with Malta Web Agency after 24 months continue at the same €79/month rate with full website ownership rights
Setup and completed work charges remain due regardless of termination timing
Client is responsible for all outstanding invoices

Termination by Malta Web Agency

May terminate immediately for non-payment (30+ days overdue)
May terminate with 30 days notice for material breach of Terms
May terminate with 4 weeks notice without cause
May suspend services immediately for fraudulent or illegal activities

Post-Termination

All outstanding fees become immediately due
Access to Malta Web Agency platforms and services ceases
Client data retention for 30 days, then permanently deleted unless otherwise requested
Confidentiality obligations continue indefinitely

7. Limitations of Liability and Disclaimers

Service Performance

We guarantee work meets industry standards, but cannot guarantee specific business outcomes
No warranties for increased traffic, sales, rankings, or conversions
Not liable for external factors, including market conditions, algorithm changes, or competitor activities
Technical issues resolved within 30 days of completion at no charge

Liability Limitations

Total liability limited to fees paid by Client in preceding 12 months
Not liable for indirect, consequential, special, or punitive damages
Not liable for loss of profits, business interruption, data loss, or reputation damage
Not responsible for third-party service failures or force majeure events

Exclusions

These limitations do not apply to death or personal injury caused by negligence
Do not limit liability for fraud or fraudulent misrepresentation
Do not affect any rights that cannot be excluded under applicable law

8. Data Protection and Privacy

Compliance

Services provided in accordance with GDPR, Malta Data Protection Act, and Australian Privacy Act
Malta Web Agency acts as a data processor for client data
Client remains the data controller for their customer information

Data Processing

Personal data processed only on documented client instructions
Appropriate technical and organisational security measures implemented
Data subject rights requests handled in cooperation with Client
Data retention periods as specified in service agreements

Data Security

Industry-standard encryption for data transmission and storage
Regular security audits and penetration testing
Staff training on data protection requirements
Incident response procedures for any data breaches (notification within 72 hours)

International Transfers

Data may be processed in Australia and Malta
Appropriate safeguards are in place for international transfers
Client consent obtained for any processing outside EU/EEA

9. Confidentiality

Mutual Obligations

Both parties agree to maintain confidentiality regarding:

Business strategies and marketing plans
Customer lists and financial information
Proprietary processes and methodologies
Technical specifications and access credentials
Performance data and analytics

Duration

Confidentiality obligations survive termination of this agreement
Applies indefinitely unless information becomes publicly available
Exceptions for legal requirements or court orders

10. Indemnification

Client Indemnification

Client agrees to indemnify Malta Web Agency against claims arising from:

Client’s breach of these Terms
Content or materials provided by Client
Client’s violation of applicable laws
Infringement of third-party rights by Client-provided materials

Malta Web Agency Indemnification

Malta Web Agency indemnifies Client against claims arising from:

Malta Web Agency’s breach of these Terms
Infringement of third-party rights in Malta Web Agency’s original work
Negligence in service provision

11. Force Majeure

Neither party liable for delays or failures due to circumstances beyond reasonable control, including:

Natural disasters or extreme weather
Government actions, war, terrorism, or civil unrest
Cyber attacks or system failures
Public health emergencies
Internet infrastructure failures

Notification and Mitigation

The affected party must promptly notify the other party
Must make reasonable efforts to minimise disruption
If Force Majeure continues for 60+ days, either party may terminate

12. Dispute Resolution

Process

Direct Negotiation: 10 business days for parties to resolve directly
Escalation: Senior management involvement if the initial negotiation fails
Mediation: Independent mediator if informal resolution is unsuccessful
Arbitration/Litigation: Final resolution through appropriate legal channels

Jurisdiction

Disputes governed by the laws of Malta for EU clients
Australian law applies to non-EU clients
Jurisdiction in courts of the client’s location for consumer disputes

13. General Provisions

Entire Agreement

These Terms, together with service-specific agreements, constitute the complete agreement between the parties.

Amendments

Malta Web Agency may modify Terms with 30 days written notice
Material changes require client consent for existing contracts
Continued use of services constitutes acceptance of minor modifications

Assignment

The client may not assign rights without prior written consent
Malta Web Agency may assign to successors or related entities
Subcontracting permitted for service delivery

Severability

If any provision is deemed unenforceable, the remaining Terms remain in full effect.

No Waiver

Failure to enforce any provision does not constitute waiver of that or other provisions.

Survival

Provisions regarding intellectual property, confidentiality, payment obligations, and dispute resolution survive termination.

14. Specific Service Terms

Fair Use Policy

“Unlimited minor updates” includes:

Text and image changes
Section content modifications
Contact information updates
Basic layout adjustments

Does not include:

New page creation (quoted separately)
Major redesigns or functionality changes
E-commerce implementation
Complex integrations

SEO Service Specifics

Keyword rankings are subject to search engine algorithm changes
Link building velocity managed for long-term safety
Content publishing schedule may vary based on quality requirements
Competitive analysis based on publicly available information

Technical Support

Business hours: Monday-Friday, 9 AM – 6 PM CET
Emergency support available for critical issues
Remote access only (no on-site visits)
Support provided in English

15. Consumer Rights

Malta Consumer Protection

Consumer rights under the Malta Consumer Affairs Act remain unaffected
Right to withdraw from distance contracts (14 days for new clients)
Right to remedies for defective services under Maltese law

Australian Consumer Law

Australian Consumer Law protections apply to Australian clients
Consumer guarantees cannot be excluded for personal/household use
Right to refund, repair, or replacement for major failures

16. Contact Information

For questions regarding these Terms or our services:

Email: contact@maltawebagency.com

Telephone: +356 99051864

Malta Address: Calm Waters, Block B – Flat 8, Dun Anton Debono, San Giljan, Malta

Entity: W.J.D. Pty Ltd

ABN: 80 119 876 587

Notices

All legal notices must be sent in writing to the address above or via email with delivery confirmation.

By engaging Malta Web Agency’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.

These Terms & Conditions are effective as of 01.01.2025 and supersede all previous versions.