@Copyright 2013 by Awesome Website Design (herewith known as AWD)
Standard terms and conditions
These are the standard terms and conditions for Awesome Website Design (herewith known as AWD) which apply to all contracts and all work undertaken by us for our clients, contractors and sub-contractors.
T & C-Quotations
All quotes supplied by AWD are valid for 30 days only unless stated otherwise on your quote. Once a deposit is received then the quote will be considered accepted and work will commence.
T&C – Payment terms
- For website design packages, and 10% deposit is required with the balance on completion within 7 days of the invoice date. The website will be password locked until full payment made. If we do not comply with the original specifications then AWD will also refund the initial deposit (except where client changes the specification or change of mind without AWD approval). The deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours. If the contract is terminated AWD will own the domain name for 2 years, but is available for purchase by the client for $50.
- For all other packages (unless stated otherwise), full payment is required prior to commencing
- For website management (after 1st year), if no payment made the website will be locked after the 3rd attempt requesting payment and then removed after a final notice.
- For search engine optimisation where a result is guaranteed (for example, top 10 in search engine results page) within a time frame, AWD will refund 50% of the contract price.
- Should AWD fail to complete the web site within 30 days of receiving a deposit due to the client’s inability to supply the necessary documentation, then AWD reserves the right to invoice the client for all work completed to date. The client agrees to pay this amount within 7 days of the invoice date.
- Payments can be made by direct bank deposit or cash; tax receipts will be supplied for all payments.
T&C – Cancellation fees
A 25 to 50% cancellation fee applies if the project is cancelled after work has commenced. A 50% fee will only be charged if the work is at least 60% completed. If no work commenced then a 10% fee applies.
T&C – Supply of Content/Material
The client is responsible for (but not limited to) supplying the following items (all of which must comply to relevant Australian government standards or regulations)
- Photos, original content, logo’s, product descriptions (printed material or brochures are ok), old marketing material
- Information required by AWD to complete the work in accordance with any agreed specification
- We will accept whatever you have to make it as easy for you as possible, but any excessive costs to convert old media to digital will be charged as extra (for example, to convert a VHS recording to youTube)
- 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 reserve the right not to accept material deemed offensive
- AWD will not be held responsible for the content of the clients website, the client shall further indemnify AWD in respect of any claims, costs and expenses that may arise from any material included in their site by AWD at the client’s request
T&C – Modifications of the design
AWD is happy to make a limited number of minor 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 at a rate of $50/hour. We will advise you prior to making any changes.
T&C – Approval/Rejection of project
- AWD and you will engage in dialogue to determine when we project is deemed completed. In general, when AWD has produced a product as per the original agreed specification then the client can be invoiced for the remaining amount
- 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 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. We may or may not take measures to recover payment for the completed work based on our dialogue.
T&C – Permissions, Copyrights & Licensing
- The client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material supplied by the client
- Supply of above mentioned material by the client shall be regarded as a guarantee by the client to AWD that all such permissions and authorities have been obtained.
- No responsibility will be accepted by AWD for damages to or losses incurred by the client from the use of material for which the required permission or authority has not been obtained.
- All original graphics designed and supplied by AWD, remain the property of AWD until the client’s account has been paid in full, at which time ownership and copyright of said graphics will reside with the client
- 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
T&C – Errors & Liabilities:
- AWD will use all due care to ensure sites worked on by AWD are free of errors.
- AWD will correct any errors made by staff of AWD in the course of working on a client’s site.
- AWD does not accept any responsibility for losses or damage arising from errors within any site or if a site is not placed “live” on the Internet
T&C – Alterations:
- AWD will not accept any responsibility for any alterations performed by either the client or a third party which cause errors in the site. Such alterations include, but are not limited to, additions, modifications or deletions.
- If AWD is required to correct any errors resulting from such alterations, the client will be charged the current hourly rate.
T&C – Basic Search Engine Registration
- Registering the client’s Web Site with search engines does not by itself guarantee that all search engines will accept the client’s listing or that the client’s listing will appear above the competition
- Unless specifically quoted, AWD takes no responsibility for the clients ranking
- It can take up to several weeks for the major search engines to index the client’s Web Site.
- Search Engine Registration is only one part of the client’s On-line Marketing Strategy. The client’s Web Site address should also be included in all the client’s advertising material eg. Letterheads, Business cards and Print/Radio/TV Media.
T&C – Consequential loss
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.
T&C – Disclaimer
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 AWD 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.
T&C – Subcontracting
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
T&C – Non-disclosure
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
T&C – Additional expenses
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.
T&C – Backups
- Unless otherwise stated as per our packages, we will complete one on-site (on the hosted server) backup once full payment is received. You are then responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us. We are happy to assist you to restore your data at our hourly rate.
- For our managed sites only, we do one backup per year and our hosting provider ensures 99.5% uptime. In the extremely unlikely even that our hosting provider fails, we will move your website to another server at no cost to you, using the backup copy we have on file.
T&C – Ownership of domain and hosting
- Unless otherwise mentioned, AWD owns the hosting account. We shall provide you an account for management purposes only (if requested). If you cease your contract with us you must find another hosting provider and transfer the website yourself. We will not provide any refund in part of full, for website management or for advance payment of our hosting services.
- AWD manages the Domain name on your behalf, once full payment is received you may cease your contract with us and we will provide your account credentials.
T&C – Governing law
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Queensland, Australia. You and AWD submit to the non-exclusive jurisdiction of the courts in and of Queensland in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
T&C – 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, Opera 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.
T&C – Ecommerce
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 AWD and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
T&C – Price matching
If we agree to design your website then we will match the price of a comparable service and also give you a $50 discount. The discount will be deducted from the final invoice. Comparable means it matches or betters the features outlined in our pricing tables and website design steps.
1.3 Please note that we cannot and do not assume any responsibility for the privacy or security practices of any other web sites which you may be able to access through our site, or for our customers’ level of compliance with our code.
2. What Information Do We Collect?
AWD collects different information about you at different times. There are four broad categories of information that we collect from you:
2.1 Information we require to supply our services.
(a) When you first sign up or contract with AWD for our services, or when you make an inquiry about our services, we request information such as your name, address, telephone number, domain name, email details of your primary and secondary contacts, credit card details (if you are paying online). We may also ask for your age and gender.
(b) We may also monitor and/or record telephone conversations with you from time to time in order to train staff and to improve our service to you.
2.2 Non personally identifying information.
(a) In addition to the information you specifically provide above, AWD operates statistics gathering software on its web site to collect information about the number of visitors coming to the site. No identifying information is collected by this software. The software records the IP address of the visitor only. We use this information to improve our own technical structure and performance, and to determine which areas of our web site are most popular.
2.3 Other demographic information.
If you respond voluntarily to our surveys or other interactive communications, we collect the responses and use the information to improve the quality and range of AWD’s products and services.
2.4 Personal information stored only on our server.
3. How Do We Use Personal Information We Have Collected?
3.1 We collect and use your personal information to operate our web site and deliver our services to you. We will use your personal information to provide you with:
• technical support
• billing and credit control
• sales support
• product upgrades and
3.2 You may stop the delivery of future promotional email from AWD by following the specific instructions in the email you receive. These instructions will tell you how to remove your name from our promotional email list and can be found down the bottom of the email..
3.3 We may use your personal information to:
(a) contact you in relation to upgrading your use of our services, special offers (from us, or on behalf of third parties), with newsletters, surveys, and individual service audits. We may give extracts of our customer lists containing personal information to third party contractors to do this on our behalf. We will ensure that those contractors are bound to protect your personal information to the same standard that we are.
(b) identify the source of new customers to AWD;
(c) monitor and address complaints, other feedback, and to resolve disputes;
(d) in the case of credit cards, to bill you for services;
(e) in the case of ABNs, to verify your identity;
(f) in the case of our partners who are IT professionals, to ascertain your areas of speciality and to refer prospective customers to you.
(g) maintain a technical and account history of your dealings with us, and to re-establish your account with us where you rejoin as a customer within six months after having terminated your account;
(h) monitor your compliance with our Acceptable Use Policy and other terms and conditions of supply;
(i) comply with our reporting and other obligations to third party licensors (such as reporting to software suppliers the number and identity of software licenses we have issued as part of our products).
3.4 We will treat all information we collect from you as strictly confidential. AWD does not rent or lease its customer lists to third parties. We will not reveal, disclose, sell, distribute, rent, licence, share or pass onto any third party (other than those who are contracted or supply services to Web Design Magic) any personal information that you may have provided to us unless we have your express consent to do so, other than in the circumstances set out in the next paragraph.
3.5 We will disclose your personal information, without notice or your consent, only if:
(a) we are required to do so by law or in the good faith belief that such action is necessary to conform with the laws, applicable code of conduct or legal process served on us in relation to our business or web site;
(b) to protect and defend the rights or property of AWD;
(c) if we consider it necessary to do so in order to enforce or apply the terms of any of our agreements with you;
(d) if we sell our business or part of it; and
(e) in extreme circumstances, to protect the personal safety of users of AWD’s services, its web site, our staff or the public.
4.1 AWD has implemented security features in our database to protect your personal information from unauthorised access. We maintain our servers in a controlled, secured environment. Only staff who need to have access to your personal information in order to perform their job function are authorised to access the database. Constant changes to the internet and technology mean that we cannot guarantee that data transmission will be 100% secure, or safe from attack by unauthorised intruders.
4.2 We do not hold your credit card details, all payment is by bank-transfer or cash
5. Other Disclosure By You
5.2 You should never reveal your password to third parties. If you lose control of your password, you may lose control over your personal information and may be liable for actions taken on your behalf by third parties using your password and/or personal information. Therefore, if your password has been compromised for any reason, you should immediately change it.
5.3 If you collect personal information which you keep on servers provided by AWD as part of our service to you (including email), you alone are responsible for compliance with the Privacy Act 1988 (Cth) in respect of that information. We take no responsibility for your dealings with personal information you collect.
6. How To Access & Correct Your Personal Information
6.1 If you contact us via telephone, you will need to answer a few security questions before any personal information is revealed or amended.
7. Children’s Privacy
AWD does not knowingly collect, use or market any information to children without seeking parental or a guardian’s consent. We also urge you to familiarise yourself with your legal responsibilities with regard to children and the internet.
If you have a complaint about any aspect of our Privacy procedures, please contact us. We will deal promptly with your complaint. If we cannot resolve the complaint to your satisfaction within a reasonable time, you or we may refer the complaint to the Privacy Commissioner.