Terms and conditions
Updated August 2018
1. The Company shall create a custom designed, fully functional web site as outlined in the Site Parameters.
2. Your website will be developed and optimised for the most current browsers and full care is taken to test the function and style of the website in older browser versions, yet we cannot guarantee full 100% compatibility for all browsers. The latest browsers include IE9, IE10, IE11, Latest Versions of Google Chrome, Firefox and Safari for MAC.
3. For compatibility with specific browsers/versions additional costs will apply. Please note that not all visual elements can be reproduced the same across each browser as some browsers don’t support the latest CSS3 / HTML5 elements.
4. The client will be granted access to the content management system for the purposes of uploading content and maintaining the site. Upon receipt of full payment, the Client will inherit full rights and ownership of the website and its design. Until such time the website will be hosted on the Companies servers and the site may not be copied or replicated and no ftp access will be granted.
5. The Company retains the right to make portfolio use of the website or parts thereof after the web site has been placed on Client’s web server. The website will be hosted on the ‘Company’s’ server until full payment is received.
6. The client agrees to the nominal time frames indicated in the Design and Development Process. The time frames are offered as a nominal expectation for each function under normal circumstances. As often as possible the Company will complete the work within the time frames suggested however as workloads, available resources and client availability can fluctuate – this is not always possible. Other factors, such as the amount of content the Company is responsible for uploading and the degree of customization required to facilitate interactive features or ecommerce solutions will vary.
7. Where hosting of the website is included, the Company shall take all reasonable measures to maintain the uptime and integrity of the website. The company is not liable for any damages or costs nor is the company responsible for any work to correct and or restore the site in the event of but not limited to malicious attack, hacking or virus and malware incursions.
8. Where the Client has implemented any changes to the website including but not limited to editing functional code, deletion of files, installing third party components or changing file permissions, the Company will charge the client at a rate of $150 per hour (inc GST) to rectify and/or recover the website.
9. The Client warrants that it has the right to enter into this Agreement. The Client certifies that they own or have obtained appropriate any and all necessary licenses and permanent rights for any assets supplied by the Client to the Company.
10. The Client indemnifies the Company and its subcontractors against any and all claims, lawsuits, costs and expenses, including reasonable collection costs, commissions, fees, charges and expenses including legal costs on an indemnity basis, arising in connection with the web site. This indemnification includes but is not limited to assets obtained by the Company on behalf of the client.
11. The client may terminate for convenience on notice in writing and on payment of the applicable early termination fee as follows:
|Date of cancellation||Termination fee|
|Before you receive the first draft of the website design||50% of Total Contract Value for a Fixed Term Contract|
|After you receive the first draft of the website design||80% of Total Contract Value for a Fixed Term Contract|
|After completion of the review process||Contract Value for a Fixed Term Contract|
12. Any and all assets that the Client is to supply for the web site shall be delivered to the Company within the first 7 days of project commencement. The Client shall proofread and edit such assets prior to delivery to the Company. The Company agrees that any asset supplied by the Client, whether for the web site or in relation to the business purposes for its development, shall be treated as confidential and neither disclosed to third parties nor used in any way other than for the development of the web site. At the completion of work, the Company shall return to Client the assets supplied by the Client.
13. The Company reserves the right to terminate the agreement in any of the following circumstances:
- The Client does not contact / respond to requests by email or telephone within ten (10) working days
- The Client deviates from the signed brief without paying additional fees if required to do so and quoted on additional work required
- The Client fails to provide content and any additional information requested by deadlines stated. In the event of any of the above stated occurrences, the Company may terminate the agreement with written notice to the Client. No refunds whatsoever will be made to the Client, and the Company will retain funds received. Should the Client wish to resume the agreement, a written request must be sent to the Company for consideration within ten (10) working days of receipt of the termination notice.
If you fail to fulfil your obligations in accordance with this clause, we may be unable to perform the Services as stated. The fees set out in the Contract will still be payable as required even if we are unable to perform the services due to your failure to fulfil your obligations in accordance with this clause.
14. The Client agrees that should the Company undertake any tasks dependent on third party services, including but not limited to 3rd party APIs, website services and libraries (e.g. Twitter API, Google Maps API, Facebook API), the Company cannot be held responsible for changes made to the third party service in question. This includes but is not limited to removal of support services, or changes the way in which a service is implemented. Should any further work be required as a result of such a change, the Company will be required to quote and charge for the additional work on a case by case basis. There are no refunds available on services provided by the Company.
15. This agreement is subject to the jurisdiction of the State of Victoria, Australia and the parties irrevocably submit to the jurisdiction of the courts of the State of Victoria.
16. The Client may not offer any form of employment to Company staff whilst using the Company services, or within 12 months of ceasing services.
17. The Client agrees that, in the event of the Client’s breach of any of the terms of this agreement including a failure to make payment of any monies due to pursuant to this agreement, the Client shall pay to the Company all collection costs, commissions, fees, charges and expenses including legal costs on an indemnity basis incurred by the Company of and incidental to this agreement or any matter arising out of or incidental to this agreement or the Client’s performance of or failure to perform any of the terms of this agreement.