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 Woolloongabba to design and develop a web site for the total price as outlined in our proposal.

By paying the deposit amount set out in the invoice that has been issued to you by us, you are agreeing to, and are bound by, our Standard Terms of Business, the project proposal in addition to the following Terms & Conditions.

 

What do both parties agree to do?

You: You have the full power and authority to enter into this contract in the name of the party you have identified in your engagement with us. 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 use reasonable endeavours to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us unless we are required to disclose it by law, the rules of any recognised securities exchange, or you give us consent to do so.

Design

We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes, as requested. We create digital works predominantly using ‘WordPress’ as our platform, however, we may use other platforms at our discretion where we consider it appropriate. We may use static visuals to indicate a look-and-feel direction (colour, texture and typography.) We call that ‘design atmosphere’. Unless we have agreed with you otherwise in writing, we will use the process we consider most appropriate to build digital works for you.

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 and meet your requirements however due to the nature of creativity it sometimes may not be exactly as you envisaged. You’ll have plenty of opportunities to review our work and provide feedback. 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 be required to pay us in full for everything we’ve produced until that point and can cancel this contract. (This payment will not include the cost of our first draft as agreed with you).

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. If you engage us to input text for you, it will be your sole responsibility to ensure that the content does not infringe any applicable laws, regulations or third party rights and to ensure that the material is not obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, menacing, blasphemous or in breach of any third party intellectual property rights (Inappropriate Content). We may (with your consent) make minor changes to your content to improve it and we reserve the right to refuse to upload Inappropriate Content.

Changes/ Alterations

We allow for 3 revisions / changes / updates / additions after the first draft (as agreed) is sent to you and agreed on. We set this limit of revisions as, quite simply, we cannot go on forever making changes. So it’s best you are organised with most of your content / pictures / logos etc at the beginning of our engagement. Whenever you email us to make a change it is counted towards the 3 included revisions, so please add as much as you can in each email. After the third revision, changes are charged at our standard maintenance rate, which is specified in our project proposal [and on our invoices].

Photographs

You should supply graphic files to us in an editable, vector digital format or .jpeg / .png. You should supply photographs to us in a high resolution digital format. If you choose to buy stock photographs, we can suggest online 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 a separate price for you.

Desktop browser testing

Where appropriate, we test our work in current versions of major desktop browsers which have over 10% market share. We refer to the latest monthly statistics as provided on this site https://www.w3schools.com/Browsers/default.asp. It is not possible for us to develop digital works that will look the same in all browsers.

Mobile browser testing

Where appropriate, we test our work on popular small-screen devices to help ensure that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We usually test our work in current versions of ‘Smart’ phones which have over 10% market share. It is not possible for us to develop digital works that will look the same on all phones.

Changes and revisions

We know from experience that the development of most digital works take around 6 to 8 weeks to finalise once you have supplied the content. This is mainly due to the amount of content that is required to complete most websites or other digital works projects. 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 a large number of websites, so these changes, even when minor, can take 2 to 4 working days to turn around. We will use reasonable endeavours to action all customer requests in a timely manner.

Hosting

Where appropriate, we can host your website or app if you engage us to do so.
We host websites and apps on dedicated servers leased by us from third party specialist hosting companies. 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 hosting servers, whether caused by the hosting company or any other reasons beyond our control.

We offer various levels of hosting, please ask us for details.

If you want your digital works hosted elsewhere this will incur an extra charge from us. This is due to the different configurations of various servers and the set up process for us. usually takes extra time, normally around 2 to 4 hours, however each case is different. Setting up this outside hosting is charged at our current hourly rate. Your Digital Solution does not hold responsibility for any updates, maintenance or hacking if your digital works such as website or app is hosted on a server other than Your Digital Solution’s hosting servers.

Emails

If you use a domain-based email address (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

We include free ‘Wordfence’ security on all websites however we cannot guarantee that your website or other digital works will be secure or free from bugs or viruses or any other type of malicious code or software and we take no responsibility should your website or other digital works be hacked or otherwise for any losses that you may incur. Should you be hacked, we can assist you to restore your site or other digital works to the last available version from the backups. We initially add a complex password to your login to lessen this possibility. Should you change this password, or simplify it, you may be making it easier to be hacked.

We will charge our hourly standard maintenance rate for any assistance that you request in relation to a hacking event.

Backups

We take regular backups of all digital works and these backups are generally stored both on the host and off site for security. You can also backup your digital works to your own device as added security. Backups can also be compromised by hacks so the more there are, the better.

Website Launch

Depending on the nature of the digital works, it can take up to 96 hours for your website or other digital works to be able to be found on the internet after we attempt to publish them. This is called propagation and is completely out of our control. We will also list your site with 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 we take reasonable steps to minimise these times for our clients, where possible.

Training

After your website or other digital works are live we will send you a ‘How To’ document to show you how to make changes / update them (as appropriate). This will cover what you need to do but does assume you are suitably familiar with the tools and technology being used. If in doubt, we encourage you to ask an expert to make any changes or updates to the digital works.

Depending on the nature of the digital works, you may need to make ongoing changes or apply updates. If these are beyond your knowledge or skills base you may need us, or another trained Web Developer, to complete the changes or apply the updates, for example where there is a requirement for coding etc. To keep our prices down we do not offer free on or off site training. 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 standard maintenance rate will apply. If training is required on site travel time charges will be added at the same rate.

We will not be responsible for, and accept no liability in relation to, any changes or updates you make to the digital works.

Intellectual property rights

You guarantee that all elements of text, images or other artwork you provide are either owned by yourselves, or that you have permission to use them. When your final payment has cleared, the copyright and other intellectual property rights, to the extent created by us specifically for this engagement, in the underlying software and code relating to the webpages or other digital works, the overall design and specially written text or graphics of the webpages or other digital works will be automatically assigned by us to you.

You’ll own the intellectual property rights to the website or other digital works that we create for this project – subject to any third party ownership rights. We’ll give you source files and finished files if requested, 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, and you grant us a non-exclusive licence to use the intellectual property rights in the website and any other digital works we have developed, along with the software, for the purpose of displaying and linking to your project as part of our portfolio and to write about it on the web and in articles for advertising and promotional purposes.

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. We thank you in advance for prompt payment of our invoices for completed works to keep your project on track.

Parked Projects

If we encounter extensive delays in receiving feedback or content / information from you and after many repeated attempts, are still unable to complete your project due to lack of receipt of such, your project may be parked to continue when you are more ready to do so. If project completion extends beyond 3 months, additional charges may occur to bring the project back online for completion. These charges are related to re-familiarisation of the project by our team, updates required to WordPress core, plugins and possibly theme.

Finally

You will not be able to 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 governed by the laws in force in, and under the exclusive jurisdiction of the courts of, Queensland, Australia.