TERMS AND CONDITIONSThese are the standard terms and conditions for Website Design and Development and apply to all contracts and all other work undertaken by Digital Sector for its clients. It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote (or instructs Digital Sector to undertake work without requiring a quote) then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions
OUR FEES AND DEPOSITS
At our discretion, a 30% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. A progress payment of 40% shall become due when the website is completed but prior to the website being handed over to you for User Acceptance Testing (UAT). The remaining 30% will become payable once the website becomes live. In the event that this quote is for multiple websites, if the websites are delivered at different times for UAT then pro-rated invoices will be issued for each website at our discretion. If there is an agreement in place to make part payments for any work completed, should any payment become 7 days overdue, the agreement will be terminated and the remianing balance will become due immediately with a late fee of 8.75% added to the outstanding balance. The initial 30% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
Our invoices are strictly net 7 days, unless stated otherwise as in the case of deposits, which are due on invoice. Longer account terms are available at our discretion and upon application, but any account with approved terms greater than 7 days will be required to pay a 40% deposit and will not receive the same discounted hourly rate as appled to 7 day account holders. A late payment fee of 8.75% or $45 (whichever is greater) is payable on all outstanding invoices that are 7 days or more past their due date. Invoices that remain unpaid 30 days after they become due will be passed to a third party collections agency and any additional fees will be payable by the Client.
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 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. 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.
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 or comparable expenses.
Our website development phase is flexible and allows certain minor variations to the original specification. However any major deviation from the specification will be charged at the rate of $90.00 per hour in addition to the original quote.
CLIENT USER ACCEPTANCE TESTING
Digital Sector will provide the Client with an opportunity to review the appearance and content of the website during the User Acceptance Testing (UAT) phase once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Digital Sector otherwise within ten (10) days of the date the materials are made available to the Client for UAT.
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 in photography for the work pages. 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.
WARRANTY BY YOU AS TO IP 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 to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
OWNERSHIP & LICENSING
Ownership of the website does not pass to the client until all monies owed are received by us. Once you have paid us in full for our work we grant to you ownership of the website and a license (where applicable) for any software used in the website. In the case of overdue invoices or fees, we reserve the right to disable access to your website or roll back any updates made.
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
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.
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 Digital Sector and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
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.
CROSS BROWSER COMPATIBILITY
We endeavor 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.
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 Digital Sector 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.