Terms of Service
Once a client has confirmed that they wish to proceed with a website the the following documents will be provided by way of evidence to the client's requirements.
1) A copy of the terms below
2) A copy of the website plan showing the structure and content of the website together with any specific design requirements (once planning discussion has taken place).
3) A copy of the detail that relates to the package selected.
Creative brief: This will be evidenced by item 2 above and will form the main basis of the clients requirements. Throughout the project changes to this brief will be evidence in writing and are subject to confirmation by both parties before those requirements are finalised.
Fee: The fee will be as per the fixed price quoted prior to the commencement of the project. Changes to the creative brief may result in changes to the fee and this will be evidenced in writing.
1. Payment All invoices are payable within 21 business days of receipt. A $25 service charge is payable on all overdue balances for reissuing each invoice at 45, 60, 75 and 90 days from the date of original invoice. For website creation a 50% deposit fee is payable prior to the commencement of any design work. Further instalments are payable in line with the billing schedule which accompanies this agreement. Once the design work has been completed any support fees are invoiced monthly in arrears although the right is reserved to charge a deposit payment for any project which has an estimated costs of over $300.
2. Default in payment The Client shall assume responsibility for cost outlays by designer in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs. Services including hosting will be suspended after 45 days of non-payment and will incur a $75 administration fee to be reinstated.
3. Estimates The fees and expenses quoted remain fixed if accepted within the period specified at the time the quotation is provided. We reserve the right to alter our fees if accepted outside of this timescale.
4. Changes All changes should be evidenced in writing and agreed by both parties. The Client must assume that all additions, alterations, changes in content, layout or process changes requested by the customer outside of the parameters of the project will alter the time and cost.
5. Expenses The Client shall reimburse the Designer for all expenses arising from this assignment including the payment of any sales taxes due on this assignment, and shall advance the Designer for payment of said expenses including but not limited to Stock Photography, Artwork and/or material needed for the project. The Designer is required to notify in writing any fees that will become due prior to being incurred by the Client.
6. Cancellation In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Designer, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the Client. Cancellation fee is based on the percentage of the project completed. A 100% cancellation fee is due once the project has been finished, whether delivered to the client or not.
7. Ownership Once all invoices have been paid the clients owns the files that create the website. However no copyright is extended to the client and as such the client cannot prevent the designer from using elements of the website design elsewhere other than in respect of images, logos or text provided by the client. The designer reserves the right to feature any websites created on any marketing materials, including the designer's website, blogs or publications for the purposes of promotion only.
8. Releases The Client shall indemnify the Designer against all claims and expenses, including legal fees, due to the use of client supplied items for which no release was requested in writing or for uses that exceed authority granted by a release.
9. Modifications Modifications of the terms of this contract must be written and authorised by both parties, involving the implementation of a new version of the contract as a whole following standard procedures of documentation and approval.
10. Code of fair practice The Designer warrants and represents that, to the best of his knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned form third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libellous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Designer’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Designer harmless for all liability caused by the Client’s use of the Designer’s product to the extent such use infringes on the rights of others.
11. Dispute Resolution Any disputes in excess of the maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favour of the Designer. All actions, whether brought by client or by designer will be filed in the designer’s state/county of business/residence.
12. Acceptance of terms The signature of both parties shall evidence acceptance of these terms. In the absence of a physical signature, a response to these terms via electronic email is acceptable (please see 13a below).
Designer: __________________
Date: _____________________
Client: _____________________
Date: ______________________
12a. Acceptance of terms The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. The Designer as sender and the client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.
This contract is held accountable to the legal system of Australia and any applicable statutes held therein.
TRY BEFORE YOU BUY
Until such time as the client pays a fee and gives written confirmation to proceed the following alterations to the above terms are applied in respect of sample websites created:
Creative Brief
No evidence of the brief will be provided prior to the party concerned becoming a fee paying client.
7. Ownership
Ownership remains with the designer at all times other than any elements provided by the prospective client such as logos, images or text. Use of the design layout created by the designer without their written permission will be taken as an infringement of copyright and the appropriate remedies sought.
1) A copy of the terms below
2) A copy of the website plan showing the structure and content of the website together with any specific design requirements (once planning discussion has taken place).
3) A copy of the detail that relates to the package selected.
Creative brief: This will be evidenced by item 2 above and will form the main basis of the clients requirements. Throughout the project changes to this brief will be evidence in writing and are subject to confirmation by both parties before those requirements are finalised.
Fee: The fee will be as per the fixed price quoted prior to the commencement of the project. Changes to the creative brief may result in changes to the fee and this will be evidenced in writing.
1. Payment All invoices are payable within 21 business days of receipt. A $25 service charge is payable on all overdue balances for reissuing each invoice at 45, 60, 75 and 90 days from the date of original invoice. For website creation a 50% deposit fee is payable prior to the commencement of any design work. Further instalments are payable in line with the billing schedule which accompanies this agreement. Once the design work has been completed any support fees are invoiced monthly in arrears although the right is reserved to charge a deposit payment for any project which has an estimated costs of over $300.
2. Default in payment The Client shall assume responsibility for cost outlays by designer in all collections of unpaid fees and of legal fees necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal costs. Services including hosting will be suspended after 45 days of non-payment and will incur a $75 administration fee to be reinstated.
3. Estimates The fees and expenses quoted remain fixed if accepted within the period specified at the time the quotation is provided. We reserve the right to alter our fees if accepted outside of this timescale.
4. Changes All changes should be evidenced in writing and agreed by both parties. The Client must assume that all additions, alterations, changes in content, layout or process changes requested by the customer outside of the parameters of the project will alter the time and cost.
5. Expenses The Client shall reimburse the Designer for all expenses arising from this assignment including the payment of any sales taxes due on this assignment, and shall advance the Designer for payment of said expenses including but not limited to Stock Photography, Artwork and/or material needed for the project. The Designer is required to notify in writing any fees that will become due prior to being incurred by the Client.
6. Cancellation In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by the Designer, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the Client. Cancellation fee is based on the percentage of the project completed. A 100% cancellation fee is due once the project has been finished, whether delivered to the client or not.
7. Ownership Once all invoices have been paid the clients owns the files that create the website. However no copyright is extended to the client and as such the client cannot prevent the designer from using elements of the website design elsewhere other than in respect of images, logos or text provided by the client. The designer reserves the right to feature any websites created on any marketing materials, including the designer's website, blogs or publications for the purposes of promotion only.
8. Releases The Client shall indemnify the Designer against all claims and expenses, including legal fees, due to the use of client supplied items for which no release was requested in writing or for uses that exceed authority granted by a release.
9. Modifications Modifications of the terms of this contract must be written and authorised by both parties, involving the implementation of a new version of the contract as a whole following standard procedures of documentation and approval.
10. Code of fair practice The Designer warrants and represents that, to the best of his knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned form third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; that the Designer has full authority to make this agreement; and that the work prepared by the Designer does not contain any scandalous, libellous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Designer’s product that may infringe on the rights of others. Client expressly agrees that it will hold the Designer harmless for all liability caused by the Client’s use of the Designer’s product to the extent such use infringes on the rights of others.
11. Dispute Resolution Any disputes in excess of the maximum limit for small-claims court arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed-upon arbitrator. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The client shall pay all arbitration and court cost, reasonable attorney’s fees, and legal interest on any award of judgment in favour of the Designer. All actions, whether brought by client or by designer will be filed in the designer’s state/county of business/residence.
12. Acceptance of terms The signature of both parties shall evidence acceptance of these terms. In the absence of a physical signature, a response to these terms via electronic email is acceptable (please see 13a below).
Designer: __________________
Date: _____________________
Client: _____________________
Date: ______________________
12a. Acceptance of terms The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. The Designer as sender and the client as recipient will acknowledge acceptance of these terms either through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project. Electronic signatures shall be considered legal and binding.
This contract is held accountable to the legal system of Australia and any applicable statutes held therein.
TRY BEFORE YOU BUY
Until such time as the client pays a fee and gives written confirmation to proceed the following alterations to the above terms are applied in respect of sample websites created:
Creative Brief
No evidence of the brief will be provided prior to the party concerned becoming a fee paying client.
7. Ownership
Ownership remains with the designer at all times other than any elements provided by the prospective client such as logos, images or text. Use of the design layout created by the designer without their written permission will be taken as an infringement of copyright and the appropriate remedies sought.