Terms of Service

Last updated 28th May 2015

1

PAYMENTS

Invoice payments are required in full.
An initial project invoice is calculated at a minimum of 30% base project value, or the estimated effort for the following week (whichever is greatest) and paid in full prior to commencement.
Services may be placed on hold should any invoice become in arrears.
The cost for any stock images are not included within estimates, and will be billed separately.
In the event that payment is not received the client will be liable for all subsequent costs incurred in recovering the debt. This includes but is not limited to all legal and debt collection commissions and expenses.
2

OWNERSHIP & INCLUSIONS

Ownership of designs, development 'code' and systems remain property of the freelancer until such time as all monies are received.
Internet marketing services are not included within website development estimates (unless otherwise agreed in writing).
Websites are developed to work with the most popular internet browsers released in the last 5 years. Most notably this does not include Internet Explorer 8, unless otherwise agreed.
3

CHANGES & DELIVERY

Changes to designs after design approvals will incur a variation fee at the standard hourly rate.
Estimated delivery dates may change due to unforeseen circumstances, such as delays in client response times, scope changes, or major design iterations.
Project planning and documentation services are provided at the standard hourly rate.
Deployment to a clients server will be completed during development for testing and configuration. Should the client wish to avoid visibility to users of a 'malfunctional' site during development, we recommend configuration of a sub-domain staging environment on your server eg. http://subdomain.yourdomain.com.au.
4

HOSTING

We require SSH access (so we can automate and speed the deployment process and reduce human error). If SSH access can not be provided additional fees may apply for each deployment. As it is possible a project will have multiple deployments clients should ensure SSH access is available, or budget for additional costs related to excessive deployment management.
Our estimates do not include "server administration". Our expectation is that we will be working with a "fully managed hosting service" where the hosting provider will setup and maintain the server to our specific requirements.
5

SUPPORT

Support is available at the applicable hourly rate.
Although we aim for highest standards of development processes, no warranty is provided on the quality of development code unless otherwise agreed in writing.
Websites are designed to work with current technologies and browser versions. If future unforeseeable changes to technology or browsers cause website errors we can repair these quoted at the standard hourly rate.
Any required website fixes or data restores required as a result of client error or any third party (including but not limited to 'hacking') will be (at our discretion) subject to normal billable hours at the standard hourly rate.
The client is expected to test fully any application or programming relating to a site developed before being made generally available for use.
A basic knowledge of computers, internet, and email is necessary to operate a website. Support for software (eg Microsoft Outlook, Adobe Photoshop, etc) not created by us should be directed towards the manufacturer. We can offer training and support on request at our standard hourly rate.
6

INDEMNITY & LIABILITY

The client shall be responsible for researching, obtaining, and filing all trademark, copyright, patent, or other intellectual property protections for the website, its look and feel, any logos, any imagery, any 'tag lines' or any other web site content or documentation designed or developed by one of our freelancers.
The customer agrees to fully indemnify and hold all freelancers free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
Our freelancers will not be responsible for any damage, loss or liability the client or any third party may suffer. This includes loss of revenue, profits or data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by the developer or any associated freelancer.
The client agrees that it shall defend, indemnify, save and hold any freelancer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against any freelancer, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns.
The client agrees to defend, indemnify and hold harmless all freelancers against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with any freelancer; any material infringing or allegedly infringing on the proprietary rights of a third party or causing a copyright infringement and any defective products sold to customer from our or our partners' servers.
7

UNDERSTANDING

We retain the right to use any designs for promotional purposes unless otherwise agreed in writing.
The purchaser is deemed to have read and accepted these terms and conditions on receipt of payment.
These Terms and Conditions supersede all previous representations, contracts, understandings or agreements, unless specifically agreed otherwise by both Parties, in writing.
We reserve the right to revise our terms and conditions at any time.