Website Build Terms & Conditions

Summary

We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future. You are hiring Your Digital Solution located at Murrarie to design and develop a web site for the total price as outlined in our proposal .

By paying this Invoice deposit amount you are agreeing to the following Terms & Conditions.

What do both parties agree to do?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.

Design

We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create web designs using WordPress as our platform. We do not use templates. We may use static visuals to indicate a look-and-feel direction (colour, texture and typography.) We call that ‘design atmosphere.’

Most correspondence will be via email as this gives us factual records of change and update requests. Please keep in mind that this is a creative process and we will do our utmost to interpret your requirements however due to the nature of creative it sometimes may not be exactly as you envisaged. You’ll have plenty of opportunities to review our work and provide feedback. We’ll share a working website link with you that will show you what we have done. We will have regular contact as updates and changes are made. If, at any stage, you’re not happy with the direction our work is taking, you will pay us in full for everything we’ve produced until that point and cancel this contract. (This does not include the cost of our first draft )

Text & Content

We’re not responsible for writing or inputting any text copy. If you’d like us to write new content or input text for you, we can provide a separate estimate for that. We may (with your consent) make with minor changes to your content to improve it.

Changes/ Alterations

We allow for 3 (three) revisions / changes / updates / additions after the first draft is sent to you and agreed on. Putting is simply … we can not go on forever making changes. So it’s best you are organised with most of your content / pictures / logos etc at the beginning. Whenever you email us to make a change it is counted, so please add as much as you can in each email. After the 4 revisions are used we will charge $99 per hour + GST

Photographs

You should supply graphic files in an editable, vector digital format or .jpeg / .png. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest on line stock libraries.

We will supply up to 6 high resolution pictures free of charge. If you’d like us to search, purchase and supply photographs for you, we can provide these at $20 – $30 per picture

Desktop browser testing

We test our work in current versions of major desktop browsers which have over 10% market share.
NB – It’s impossible to make a site that will look the same in all browsers.
Reference for this is the latest monthly statistics as provided on this site https://www.w3schools.com/Browsers/default.asp

Mobile browser testing

Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our work in current versions of Smart phones which have over 10% market share.   NB – It’s impossible to make a site that will look the same on all phones

Changes and revisions

We know from experience that most websites take around 4 to 8 weeks to finalise once you have supplied the content. This mainly due the amount of content that is required from the client. More often than not we add the content supplied by clients and then the client makes several changes along the way. As we receive these changes they go into the queuing system for our developers to make updates. At any time we can be working on up a number of  websites so these changes, even when minor, can take 2 to 4 working days to turn around. We do not treat any customer differently as all clients’ jobs are important to them. However we will when possible do our best to help.

Hosting

We can host your website if you require. However, Your Digital Solution will not be responsible for any loss of business or other damages resulting from occasional “down-time” or other technical problems related to the host server, whether caused by the web hosting company or by broader Internet problems beyond our control. We offer various Levels of Hosting … please ask us for details.

If your want your site hosted elsewhere that is absolutely fine. However this will usually incur an extra charge due to the different configurations of various servers. This usually takes extra time …normally around 2 to 4 hours, however each case is different. NB Setting up this outside hosting is charged at $99 per hour. Your Digital Solution does not hold responsibility for any updates, maintenance or site hacking if your site is hosted on other than Your Digital Solution hosting servers.

Emails

If you use a  domain based email addresses (eg xxx@mycompany.com.au) then changing your current Website host may mean a change to your Domain Name Server. This is done from accessing your Domain via your Domain Name provider. We will require you to provide us with the Mail Client type plus login and password (we will be able to assist you to locate this). If you are using Microsoft products to view your email you will also need to update passwords within this software.

Security

If it’s on the internet it can be hacked. We include free Wordfence security on all websites however we take no responsibility should your website be hacked for any losses that you may incur.  It’s the same as installing security on your windows at home …it protects but it doesn’t mean your house can’t be broken into. The fact is that no website in the world can be 100% safe. Should you be hacked, we will work as quickly as possible to restore your site to the last available version from the backups. We initially add a complex password to your website login up with a to lessen this possibility. Should you change this password, and make and simplify it you may be making it easier to be hacked.

Our hourly rate for this type of work applies to all hacks (Currently from  $79 – $129 per hour)   

Backups

We take daily backups of all sites and these backups are stored both on the hosting and off site for security. You can also backup your site to your own device as added security. Backups can also be compromised by Hacks so the more there are the better.

Website Launch

It can take up to 96 hours for your site to be able to be found on the internet. This is called propagation and is completely out of our control. We will also list your site with all major search engines Google Yahoo and Bing. It can take up to 3 weeks to be found on these search engines. Once again this is out of our control but the steps we take minimise these times for our clients..

Training

After your website is live we will send you a ‘How To’ document to show you how to make changes / update your new site. This will cover what you need to do. Our experience is that this is all our customers need to make changes or update their site. However there may be some things that you will need us to do …. as trained Web Developers may be necessary where there is coding etc.  We do not offer free on or off site training to keep our prices down. Of course you can email us if you have any difficulty and we will help by email or phone.

If you require training we can provide it over the phone (usually sharing screens to make it easier to follow). Our Current rate for this is $99 per hour + gst. If training is required on site travel time charges will be added at the same rate.

Legal stuff

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. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Copyrights

First, you guarantee that all elements of text, images or other artwork you provide are either owned by yourselves, or that you’ve permission to use them. When your final payment has cleared, copyright will be automatically assigned as follows:

You’ll own the website that we create for this project. 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 elements of text, images and data you provided, unless someone else owns them. We love to show off our work and share what we’ve learned with other people, so we reserve the right, to display and link to your project as part of our portfolio and to write about it on the web and in articles.

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 payment terms are shown on the original proposal we sent to you.

Finally

Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this 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 under exclusive jurisdiction of the courts of Queensland, Australia.