Terms & Conditions
Our terms and conditions are designed to be user friendly and give you important information about our services. It is a requirement that you have read and understood our terms prior to utilising our services. Lets do this!
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Website Development T & Cs
The Contract
A contract exists where both parties have discussed, in written correspondence (be it via email or other means), the details of the agreement. It is your responsibility to ensure you read and understand our terms and conditions which are publicly available on our website.
Quotes given will reflect the estimated number of hours the project is expected to take. As such, the final cost may be less than the original quote or more if work has been added along the way.
Our services come in a variety of models.
- Our PLANS are based on a monthly fee for a set period of 24 months. Upon acceptance of the terms you agree to pay for all 24 months from the commencement of the service.
- Individually quoted jobs are based on our hourly rate. When you consent for the job to be undertaken you will be expected to pay as per the initial communication. The ‘quote’ may not always reflect the final cost if the scope changes.
Amending the agreement
We will understand if, at any stage, you change your mind about what you want delivered or aren’t happy with the direction our work is taking. It is your responsibility to tell us to cease work if this is your desire. You’re still required to pay us in full for the time we’ve spent working on the project until that point.
If, at any stage, you wish to change direction or add an additional project outside of the initial scope, we will be more than happy to add this to the initial scope and give you an additional quote if you require.
Communication
You’ll have plenty of opportunities to review our work and provide feedback. We’ll maintain contact with you and document our progress via Email and shared Google Docs or Trello, whichever you would prefer. Your developing site will be accessible for you to review and explore.
Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books. We also reserve the right to include a link to our services in the footer of your website which may include either ‘designed by’ or ‘maintained by’ The UX Project – whichever best applies.
Graphics & photographs
Images you provide must be yours to use and not in breach of any copyright terms. Stock images can be used, however we prefer to know the source to ensure they do not breach any licensing terms. Alternatively, we can source appropriate images from our sources and you will be given the option to select which best represent the brand and marketing strategy.
Graphic images and icons can be created by us to reflect your website brand and colour scheme.
Payments
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the payment schedule as agreed upon.
We issue invoices electronically. Our payment terms are 14 days from the date of invoice via direct debit transfer or credit card payment.
Our bank account details and direct debit details will be printed on our electronic invoice.
Cancellations and / or unpaid invoices
We reserve the right to charge interest on all overdue debts at the rate of $5 per day until all overdue invoices have been paid. If the overdue invoice has not been settled within 7 days of the due date, all work on your website will cease until the owing amount has been paid.
We understand there are many reasons why you may wish to cease utilising our services, and it is fine for you to do so. In the instance of custom quoted jobs, the hours we have put in within the billing time before the point of cancellation still needs paid by you.
If cancelling within the term of one of our 24 month full packages, the service is required to be paid in full for the remainder of the term in order to release you from the service. Our maintenance plans can be cancelled during the 12 month term.
Responsive testing
We will create designs that adapt to the capabilities of many devices and screen sizes.
We perform basic tests to ensure your website works as expected on a number of browsers and on a variety of screen sizes. Having said that, sometimes we miss things, particularly for sites with complex pages or functions. If you see a problem, please do not hesitate to contact us and make us aware. We will then prioritise rectifying the problem.
Website Content
Those responsible for adding content to your website must be outlined in written correspondence. We are able to add a variety of content to your site for you or someone from your company can do so. If we produce the content for your site we will need to work closely with you and obtain feedback to ensure the messages are accurate and reflective of your business. We can also edit and add content to your site that has been written by someone else, and we will ensure the formatting looks amazing on a range of devices. All writing services must be approved by you before publication.
In the event that someone external to The UX Projects has attempted to add content and has broken or corrupted part of your site, we cannot ensure we will be able to recover what was broken, although every effort will be made to do so. Such work will be additional to any contracted work and will be billed accordingly.
In addition to new content, we can review your current content and make suggestions for improvement. This will be based on our own professional opinion and data collected about visitor behaviour.
Website analysis
We can, with your consent, add tools to track and monitor your website’s performance looking at three different aspects: 1. Traffic, 2. Speed, and 3. Visitor experience and behaviour.
These tools can give us, and you, a better understanding of how your website is performing and where further improvements can be made. The use of these tools and the creation of accounts for these must be consented in writing. You will be given access to these accounts if you desire. Reports from these tools can be prepared and presented to you on a weekly or monthly basis based on the agreement made.
Search engine optimisation (SEO)
We do our best to apply relevant SEO to your website pages. We cannot guarantee improvements to your website’s search engine ranking, but the pages that we develop will be accessible to search engines and the information gathered will reflect your core business.
Changes & revisions
We don’t want to limit your ability to change your mind. When you see your website progressing you will come up with new additions and features – we embrace this. The initial quote is based on the time that we estimate we’ll need to accomplish everything you’ve told us you need, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional weeks. Additional work does not need to be explicitly quoted if you accept and understand our hourly rate. If the addition is going to take many hours to achieve, we will notify you in written communication and give you the chance to reject the addition or amend it.
Technical support
Website functionality related issues should be brought to our attention so we can rectify them swiftly. IF the issue falls within the agreed features as pertained in the agreement, it will be dealt with as per the contract terms. If however it does not fall within the scope of the contract, you will be billed accordingly as per our hourly rate.
If there is a server related problem that affects your website and you host with us, we can offer support. This goes for website hosting, email or other services relating to hosting. If you host external to us we cannot guarantee that we can assist you with any problems you experience with your website as we may not have access to what we need – you will need to seek assistance from your hosting provider.
Intellectual property rights
Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you have permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
- You’ll own the website we design for you plus the visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specifications and data you provided, unless someone else owns them.
- We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Legalities
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
Finally, if any provision of the contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed sever-able from the contract and shall not affect the validity and enforce-ability of any remaining provisions.
Other important details
Just like a parking ticket, neither of us can transfer a contract to anyone else without the other’s permission.
We both agree that we will adhere to all relevant laws and regulations in relation to our activities under the contract and not cause the other to breach any relevant laws or regulations.
The contract stays in place and need not be renewed. If for some reason one part of the contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and these terms and conditions are a legal document.
Hosting / Domain name T & Cs
Payments
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. Our hosting services are invoiced monthly from the 1st of each month until the end of the month.
We issue invoices electronically. Our payment terms are 14 days from the date of invoice via direct debit transfer or credit card payment. Our bank account details and direct debit details will be printed on our electronic invoice.
Cancellations and / or unpaid invoices
Any overdue invoices on our hosting plans will result in a daily fee of $1 until such time as the money owing has been transferred. If the overdue invoice has not been settled within 7 days of the due date, your service will be suspended until the money owing has been paid. For information on full package cancellation fees, please read here.
Cancellation of our hosting and domain services can be accepted only from the email address of the account holder. This is for security purposes. Cancellation is required before the next billing period begins. Your service will remain operational until the 1st of the following month.
Communication
By agreeing to host with us you’re also agreeing to receive email communication regarding your hosting and/or domain name service. These emails will relate directly to your service information, account details, and payment notices.
Domain names
Please be aware that although your domain is handled by us, the domain name registration, transfer and renewal are processed by Synergy Wholesale.
We also need you to understand that your domain registration is non-refundable and is on-going.
A failure to renew your domain name with us or another registrant may result in someone else being granted registration of the domain name. As such, we cannot be held responsible or liable for any losses you incur.
Appropriate use
Our domain name and hosting services are subject to appropriate use agreements. It is your responsibility to ensure you adhere to the Agreements which can be found here. We cannot be held liable for any loss or damage you incur resulting from a failure to adhere to these Agreements.
Data management
If you are hosting with us but not utilising our web design services, as part of your service we provide regular ON SITE backups of your data. It is however your responsibility to ensure you have off site backups of your data. Clients on full package plans or maintenance plans do receive off-site backups of their website data.
We will always do our best to assist you in the event someone external from our company has broken something, but this will be billed accordingly. We cannot be held responsible for the errors of others external to our control. In some instances, the recovery of lost or corrupt data may not be possible.
Where your service has been cancelled or suspended, backups will not be maintained for that period.
Availability of service
While it is our goal to ensure your service is operational continuously, some interruptions to service may be out of our control. We will endeavour to assist you with any issues however cannot guarantee that we can rectify any problem.
Legalities
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
Finally, if any provision of the contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed sever-able from the contract and shall not affect the validity and enforce-ability of any remaining provisions.
Other important details
Just like a parking ticket, neither of us can transfer a contract to anyone else without the other’s permission.
We both agree that we will adhere to all relevant laws and regulations in relation to our activities under the contract and not cause the other to breach any relevant laws or regulations.
The contract stays in place and need not be renewed. If for some reason one part of the contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document.