Port Macquarie Web Designs terms and conditions
Estimate & Quotations
All estimates & quotes are valid for a period of 30 days (unless otherwise stated on the estimate). After the 30 days have passed, we reserve the right to alter or decline the quotation. All prices are quoted in Australian Dollars exclusive of GST unless otherwise stated.
Fees and deposits
A 50% deposit is required prior to the commencement of any work. The remaining 50% is due when the website is completed, before the website goes live.
The deposit is only refundable if we have not fulfilled our obligations set out in the initial quote. If you terminate the contract after the work has started, the deposit is non-refundable as long as we are fulfilling our part of the contract (ie. No change of mind refunds once work has commenced).
Supply of website content
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials 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. We do offer the option of supplying suitable liscenced stock imagery or content copy at extra cost.
We are pleased to offer you the opportunity to make revisions to the design however, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification. Our website development phase allows certain variations to the original specification however any major deviation from the specification will be charged at the rate of $100.00 per hour.
Project delays and client liability
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
Approval of work
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.
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 design and contents for the life of the website. Certain software and plug-ins may require an additional license fee or subscription but you will be notified of this during the design stage.
We do not (and cannot) guarantee any specific positioning in search engines. We can provide basic SEO help and guidance in accordance with best practice.
We shall not be 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.
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 Port Macquarie Web Designs 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.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
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, domain name registration, web hosting or comparable expenses.
Once the website has been handed over to you, you are responsible for all backups and maintenance on your website. We cannot be held responsible for any loss of data or income due to scheduled maintenance or lack of backups.
Ownership of domain names and web hosting
We will supply to you account credentials for domain name registration and/or web hosting that we may have purchased on your behalf when you reimburse us for any expenses that we have incurred.
Cross browser compatibility
by using current versions of well supported content management systems such as WordPress, 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 plugins 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 Port Macquarie Web Designs and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of internet electronic commerce.
We work with our hosting provider to get as high uptime as possible for your website. We will endeavour to notify clients of any scheduled outages that will affect their websites.
We cannot guarantee permanent uptime. Clients who are having websites built and are using their own hosting will not have support contracts available. Once the website is completed and signed off, we will pass the admin details over to you and have no further responsibility for maintenance of your website. Ad-hoc updates are available as extra paid support if required.
Email account hosting
All emails are to be downloaded to the client’s computer periodically and emails will not be kept on the server for an extended period of time. The client agrees to keep their email accounts within specified quota limits. Email addresses must never be used for inappropriate content and I reserve the right to take action if the account is found to be used for inappropriate behavior. The number of available email accounts varies depending on the webhosting package purchased. Clients are responsible for their own IT support in relation to installation of email accounts on their computers or devices. There are so many options available to ensure ease of access to emails including the Google Business Suite or for maximum reliability Microsoft Exchange however we make no recommendations and request that you contact you IT specialist for advice.