STANDARD TERMS AND CONDITIONS
Following are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by HOBART WEBSITE DESIGN for its clients.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of HOBART WEBSITE DESIGN under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Tasmania. You and HOBART WEBSITE DESIGN submit to the non-exclusive jurisdiction of the courts in and of Tasmania in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
QUOTES, DEPOSITS AND FEES
- All quotes are valid for a period of 28 days.
- A minimum of $300 or 10% deposit is due immediately upon you instructing us to proceed with the website design and development work.
- A further payment of 50% of the remaining quote may be payable if there is a delay of 3 months or more caused by a client causing any delay in progressing their website.
- No work will commence until the deposit has been paid.
- The full contracted amount shall become due 14 days after the website has been placed on-line and is working satisfactorily.
- The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
- Any website project that is delayed more than 6 months by any client may be subject to an additional fee of 5% per month of the total fees outstanding.
- Any invoice left unpaid for more than 28 days may be subject to an additional fee of 5% per month.
- After a new website is placed on-line, any subsequent amendments from that point, will be subject to additional design fees.
Revisions to the design of a project during development are allowed and we will be quite flexible in allowing a number of changes, however, we have the right to limit the number of design changes to a reasonable amount and may charge for the additional changes. We will advise the client of any charges due to design changes before proceeding with those changes. The intent of this is to limit excessive design changes during development.
SUPPLY OF CONTENT
- You must supply all content and information required by us to complete the work in accordance with any agreed specification. Such content may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
- Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
- If we are required to supply content, additional agreed fees will apply.
- More than 3 revisions in content for any particular page may incur additional charges. The intent of this is to limit excessive content revisions during the design stage and clients are encouraged to proof check written content before submitting it for inclusion.
- All images should be provided at best quality, preferably in a RAW or high resolution JPEG format. All images will be optimised prior to inclusion into a webpage.
Any time frames or estimates that we give are contingent upon your full co-operation and supply of all include content.
APPROVAL OF WORK
During construction of the website, you will have the opportunity to review it. You must notify us in writing by email within several days of any unsatisfactory points or design changes required. Any of the work which has not been reported in writing to us as unsatisfactory within several days may be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract may be subject to a project variation. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
- You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.
- You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
- We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation on all websites.
- As website page ranking is dependant on many different factors and one of the most important factor is good quality written content, we can not be held responsible for less than satisfactory page ranking or traffic particularly where our advice hasn’t been accepted.
LOSS OR DAMAGES
- We are not liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
- We are not liable for any data loss or website corruption that may be caused by equipment failure, hack attempts except to the extent that such data loss arises out of a negligent act or omission by us.
- It is the client’s responsibility to check their website is functioning correctly at all times and notify us immediately of any issues that may arise.
- We are not responsible for providing any backups of the website. Most web hosting companies generate daily backups which are usually kept for several days.
- HOBART WEBSITE DESIGN do not offer any refunds for server, service or software interruptions.
- HOBART WEBSITE DESIGN can not be held responsible for any service or software interruptions caused by being de-indexed by any search engine or company.
- HOBART WEBSITE DESIGN cannot be held responsible in any way for errors, mistakes, loss or deletion of information or similar as a result of ‘CPanel’ or ‘FTP’ access by others. A request for recovery (if possible) of any website under these circumstances will be subject to a written formal quote.
- HOBART WEBSITE DESIGN cannot be held responsible in any way for errors, mistakes, loss or deletion of information or similar as a result of top level WordPress access such as ‘Editor’ or ‘Administrative’ access by others whether granted or not. A request for recovery (if possible) of any website under these circumstances will be subject to a written formal quote.
- HOBART WEBSITE DESIGN cannot be held responsible for any damage to a website caused by any user sharing or using their password and access.
- HOBART WEBSITE DESIGN cannot be held responsible for any damage to a website caused by any orthorised or unorthorised access by others. Clients are advised to use a strong password at all times. Passwords can be generated by using a Strong Password Generator or by using the password generator built within WordPress.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts or comparable expenses.
We endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify HOBART WEBSITE DESIGN and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
- For security reasons, Cpanel and or FTP access cannot be given to any HOBART WEBSITE DESIGN customers.
- For security reasons, top level WordPress access may not be given to clients unless the client agrees to chargeable support for any support that may be required as a result of giving access.
- Any website can be vulnerable to a “hack” or malicious activity. While it is out of our control, in the unlikely event of a hack to a client website, HOBART WEBSITE DESIGN can reinstate your site from a backup version. It is the client’s responsibility to monitor their website daily and immediately report any unusual activity or changes. Depending on the circumstances, a fee may be payable to restore a compromised website.
- 12 months of support is provided from the hosting purchase date for all new websites.
- Ongoing maintenance and management will be by an Annual renewal fee which will cover all maintenance, website restore, updates, renewed hosting and domain name renewal.
- The Annual renewal will need to be paid by the due date if the website is to be maintained. Late payment may result in discontinuation and deletion of the website. Website recovery may not be possible after this date.
- Generally, all support requests will be responded to within a few hours however there may be times when this is not possible.
- Email support is the preferred form of communication.
- HOBART WEBSITE DESIGN cannot be held responsible in any way for errors, mistakes, loss or deletion of information or similar as a result of ‘WordPress’, ‘CPanel’ or ‘FTP’ access by others. A request for recovery (if possible) of any website under these circumstances will be subject to a written formal quote.
- HOBART WEBSITE DESIGN will endeavour to complete every project on time or sooner.
- HOBART WEBSITE DESIGN cannot be held responsible for the delay in the design or development of any website design package.
- HOBART WEBSITE DESIGN does not control the interaction between your website and its visitors.
- HOBART WEBSITE DESIGN builds all websites using the latest version of WordPress and all associated plugins, themes and frameworks.
- No responsibility can be taken by HOBART WEBSITE DESIGN for website or email disruption during any website and domain transfer to another server.
- HOBART WEBSITE DESIGN does not warrant that any website will be error free unless otherwise expressly stated.
- HOBART WEBSITE DESIGN only recommends and uses a quality Australian Web Hosting company. If you wish to use your own hosting company, we cannot be held responsible for any issues such as performance, support or any other issues that arise due to using such hosting company.