-STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for our Website Design and Development Processes, and also apply to any Marketing or Content Creation services (even where not expressly implied) and apply to all contracts and all work undertaken by us, “Accentuate IT Pty Ltd” referred to in this contract as ‘us’, ‘we’, ‘our’. For further details about how we treat your private information, click here to view our full Privacy Policy.
OUR FEES AND DEPOSITS
Where a 50% deposit of the total fee payable under our proposal, this will be due immediately upon you instructing us to proceed with the website design and development work (in some instances this might be broken also into milestone payments per your proposal). The remaining amounts shall become due when the work has reached the website development review phase signalling the completion of our core works, and awaiting any final review/change requests from the client, or at the time of hitting pre-defined ‘milestones’, which subject to the terms of the “approval of work” and “rejected work” clauses, of which milestone payments will be defined in your proposal/contract. We reserve the right not to commence any further work until the final balance has been paid in full. We retain all ownership of the developed site and all its content until full payment has been made, including any hosting or domain assets which we have acquired as part of the contract, as such we reserve the right to disable or terminate any services which have unpaid balances.
We do not offer refunds on deposits or milestone payments in any instance outside of standard consumer law. The deposit is not refundable as we begin development work, marketing research and asset creation following any payment being made. Completed website balances are required to be paid within 7 days of us advising the site is ready for development review. All payments or payment arrangements must be made prior to initial launch or handover of the website, we will not launch websites without final payments being made. All websites, their contents, and designed assets are the property of Accentuate until full and final payment has been made.
Clients who agree to sign up on a payment plan for their service or website payments, agree to continue making payment until the agreed payment plan is completed in full. As above we retain the right to disable or remove access to the site or its associated assets for non-payment, pending recovery of full remaining payment. Any payment that is dishonoured will incur a dishonour fee from the associated payment provider Ezypay. Any other fees or charges for signing up on a payment plan will be advised upon signup to the payment provider. By signing up on a payment plan you also agree to the payment terms of using the Ezypay payment system, you can find their full Terms and Conditions here: https://www.ezypay.com/terms-policies
All outstanding balances are due within 7 business days from request, should these not be paid in full by the due date, Accentuate IT Pty Ltd reserves the right to start an official debt collection process utilising a third party legal team which may results in legal or further financial ramifications, fees, charges or otherwise as part of this process to recover non payment.
Certain services offered by Accentuate IT Pty Ltd may have minimum contract periods. The client is liable for the entire amount equating to the full value of each installment during this minimum contract period even should they wish to cancel the service prematurely. Contracted work is non refundable. Care Plans requiring a new website or website refresh at the onset of the plan are locked in for a minimum of 12 months, then go onto a month by month contract where plan level can be changed any time.
SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos, responses to development questions or feedback, digital forms, and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. We do not guarantee that any supplied designs will be a pixel perfect representation once translated to web, and items deemed to vary from our originally proposed solution may incur additional fees (see Variations)
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed. Where you fail to supply materials which stop the work from being completed entirely, upon our request you will have 5 business days to supply the require materials, or we will consider the project as completed and you will be asked to pay the final balance on the project. Any additional changes or modifications past this point will incur further charge to complete.
VARIATIONS
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to what we consider a reasonable amount and may charge for additional designs if you make a change to the original design specification. We request all changes and feedback to a supplied design or development in one revision of that material or development.
Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $120.00 per hour, or at a quoted value.
Redoing of designs or repeated changes to items already requested to be changed (signalling partial approval) may incur additional charges. Should changes visual or otherwise be requested by the client at any time during development or changes to a development, where these changes cause additional features or major user interface modifications additional fees and charges may apply as these additional works are discovered during the development phase, this is due to the nature of Web Development and complexities of coding, we do this to save the client in the long run rather than charging thousands for investigative works alone. In the instance where works stall due to major change requests Accentuate IT Pty Ltd reserves the right to cancel the project and request final payment in full, where by the project cannot be completed per the initial scope. This is to ensure we can recoup our costs involved with working on the project, Accentuate IT Pty Ltd may negotiate with the customer as to a viable outcome or resolution for the project or its cancellation, however, this does not negate Accentuate IT’s ability to request full payment for any outstanding balances initially agreed to.
PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content being provided for the work pages. Time frames are only indicative and in no instance do we guarantee timelines or are we liable for any instance when an estimated timeframe is exceeded or beyond a clients expectation. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
For Clients who require us to put a project on hiatus through no fault of our own, or are unable to provide us with the relevant content or feedback requested within the relevant timeframe, we reserve the right to charge a project hold fee of $199+gst per month in order to hold the project, keeping it active, and to recoup the additional costs involved by us due to the work required for further updating + maintenance, and hosting on the website due to the delay.
Sites resumed after delays from the client due to feedback, hiatus or other reasoning will require us to re-schedule the works for the project which may significantly delay the projects timeline. Projects that are delayed more than 1 month may require an additional payment of $500+gst plus any other costs involved with our resumption of the project to be payed before project will recommence, this is in order for the projects charges to be brought in line with modern pricing, offerings or development cost increases, as well as covering our additional costs for follow-ups, and re-adding the project, restarting all our processes for development and design and re-adding the project to our timeline.
APPROVAL OF WORK
On completion of the any work milestone you will be notified and have the opportunity to review it. You must notify us in writing of all unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and any outstanding balances will become due. At this stage, we will not provide further work on the job or launch the project without the final balance being paid in full, plus any additional costs required to be paid per section ‘Project Delays and Client Liability’
REJECTED WORK & PAYMENT
If you reject any of our work within the 7-day review period, or do not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the entire balance of the quoted project.
CONTRACTUAL WORKS
For any services with ongoing services with recurring payments, such as ongoing marketing or maintenance and support works, we require a minimum of 30 days notice to cancel the service. Any remaining amounts outstanding, including remaining time left in the contract will be required to be paid upon cancellation of the service.
SUPPORT WORKS
Accentuate IT Pty Ltd reserves the right to calculate support time based off the entire time required to deploy any given request from a client including any meetings, designs, communications, emails, phone calls, research or other works as required to complete the requested task. This in turn may come off monthly support quotas allocated for a client as part of a care plan or other service.
WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us, or that we offer for your review or to include in your website or web applications, in some instances that may include paying licensing fees to the relevant owner of that property.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website or content provided for your approval or posting on your website or other mediums.
LICENSING
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website where we are able to offer such licenses subject to the section “OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS”.
SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform search engine optimisation according to our teams knowledge on the current best practice methods.
SUBCONTRACTING
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit. However, this is fairly unusual when designing and developing your website as our full time staff perform tasks based on our own, in house design and development procedures.
CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises. We shall not be liable for any loss arising from the performance or function of your site in any way relating to our development, plugins used or other issues with third party apps and content, however those issues may arise.
DISCLAIMER
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Accentuate IT Pty Ltd under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
NON-DISCLOSURE
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting, additional development fees or comparable expenses. We often purchase premium plugins + software on our developer accounts, this will NOT give you access to our developer accounts and we will require payment for any ongoing access required to such third party softwares.
BACKUPS
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Queensland, Australia. You and Accentuate IT Pty Ltd submit to the non-exclusive jurisdiction of the courts in and of Queensland in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
CROSS BROWSER COMPATIBILITY
By using current versions of well supported Content Management Systems such as “Joomla”, “WordPress” or other popular Content Management Systems, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
E-COMMERCE
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Accentuate IT Pty Ltd and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
FAIR USE POLICY
All our product + service packages have a standardised feature set in order to ensure that all the required features for any website should be covered in the vast majority of circumstances. As part of any product or service, where we consider a client to be requesting exorbitant numbers of changes or additions above and beyond what we consider within the budget for the project, and/or where the client is requesting we change things which have already been approved, and/or where the client is requesting items to be further changed which were already changed per the request of the client, and/or where we determine during the course of works that additional budget is required to complete the project, we reserve the right to request at our discretion payment of any additional charges to add/update/revise or redo all or parts of the project in design, development, deployment, research or any other area that may require funding.
We advertise that our websites as having no fixed page limit on our websites, this is because we do not charge ‘per page’ we charge to create a site suitable to achieve your goals for your business type, we know on average a standard service based website will have somewhere around 5-7 pages usually with a minimal amount of content required, large numbers of additionally requested pages, or unusually large/complex pages will be charged at a nominal rate.
We do not advertise any limit on number of revisions in design for a job, due to the nature of our design process, you supply us with your vision and direction, and we create that, as such, our process is a gradual revising process and it is rare we need to redo entire designs from scratch, we know on average a design process will have somewhere around 2-4 changes, large numbers of complex requested changes, requesting changes to something already revised, or additional concepts will be charged at a nominal rate.
We reserve the right to deny creation, changing or updating of any quantity of pages/content or design we deem to be above any beyond the budget for our quoted works based on this ‘fair use’ policy when we feel the amount of work required to generate these extra content would be above and beyond the scope and budgeted amount of work on any quoted or invoiced works, and in this instance, we would discuss with the client any additional costs BEFORE continuing to make these changes/additions or updates. Disagreement in content added above and beyond the initial budget does not negate the requirement for all invoices/quotes to be paid in full, and the client will still be responsible for full payment on any outstanding invoices.
We reserve the right to deny access to a product or service where we have deemed any client or potential client is not in line with the values of our company, or where we feel they would not be a good fit for our product or service. We also reserve the right to cancel any service, even if it is mid contract term, should we feel the product or service is unsuitable or that we are unable to work with the client for any reason.
In over 16 years in business we have not yet had to enact this Fair Use Policy, as we do our best to communicate effectively what we offer with any product or service we quote, however we do reserve the right to do so for any reason.
NO WARRANTIES
This website, and all our products and services are provided “as is” without any representations or warranties, express or implied. Accentuate IT Pty Ltd makes no representations or warranties other than those required by law in relation to this website, the information and materials provided on this website, our products or services, or, without prejudice to the generality of the foregoing paragraph, Accentuate IT Pty Ltd does not warrant that:
– this website or any product or service we offer will be constantly available, or available at all; or that
– the information on this website, or any product or service we offer is complete, true, accurate or non-misleading.
– Nothing on this website, or any product or service we offer, constitutes, or is meant to constitute, advice of any kind. If you require advice matter you should consult an appropriate professional.
– this website or any product or service we offer or have created will be error free.
LIMITATIONS OF LIABILITY
Accentuate IT Pty Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website, or any product or service provided by Accentuate IT Pty Ltd:
– to the extent that the website, product or service is provided by us, for any direct or indirect loss;
– for any indirect, special or consequential loss; or
– for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Accentuate IT Pty Ltd has been expressly advised of the potential loss.
EXCEPTIONS
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Accentuate IT Pty Ltd’s liability in respect of any:
– death or personal injury caused by Accentuate IT Pty Ltd’s negligence;
– fraud or fraudulent misrepresentation on the part of Accentuate IT Pty Ltd; or
– matter which it would be illegal or unlawful for Accentuate IT Pty Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.
REASONABLENESS
By using this website, and any of our products or services, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website, our products, or our services.
Last Updated August 24th 2020.
