Website Design - T & C - MobiusMBL Web Design & IT Consultancy | 2017
Standard Terms and Conditions
These Terms & Conditions represent the legally binding responsibilities for both MobiusMBL Web Design & IT Consultants, and the client.
It should be noted that these Terms & Conditions will for the most part, be more flexible than stated below, for example, timings may not necessarily be as strict as stated, costs and fees will generally not be as strict as stated, especially for maintenance plans, work will be conducted at no cost to clients in many cases.
The Terms & Conditions therefore represent the 'benchmark' position, and may be taken as representing the legal basis upon which projects are conducted and delivered.
It will always be the case that MobiusMBL will endeavour to maintain the highest standard of client satisfaction, we will commit whatever time is required to deliver a high quality projet to the client, and we will endeavour to minimise all costs to clients.
It is not our intention to maximise our revenue, but more to maximise client satisfaction in our work, while maintaining a pricing structure which is fair and reasonable to all parties.
Web Site Development, Design Terms and Conditions
Authorisation
The client is engaging MobiusMBL Web Design & IT Consultants , as an independent contractor for the specific purpose of designing & building a new web site, or of improving an existing web site, (referred to as "web design project"), which will be installed on the client's selected Internet Service Provider (ISP) hosting computer, (referred to as "the hosting service").
in order to deliver the required services, the client authorises MobiusMBL Web Design & IT Consultants to access this hosting service account and authorises the hosting service to provide MobiusMBL Web Design & IT Consultants with "full access" to the client's account and any other programs required to deliver the project successfully.
Acceptable Use.
An Acceptable Use Policy is part of these terms and conditions of hosting any information associated with the domain name. This policy will be that adhered to by the hosting service, and may vary from hosting supplier to hosting supplier, which is why it cannot be replicated here.
In general terms, the Acceptable Use Policy will outline the legal, moral and ethical use of the hosting service, as well as any particular policy relating to the efficient use of the hosting service infrastructure.
Copyright and Trademarks.
The client unconditionally guarantees that all text, graphics, images, designs, trademarks, or other material provided to MobiusMBL Web Design & IT Consultants as part of the project, are owned by the client, or that the client has permission from the rightful owner to use these elements, and will hold harmless, protect and defend MobiusMBL Web Design & IT Consultants, and its subcontractors from any claim or suit arising from the use of such material provided by the client.
Web Site Maintenance - Immediately Post Go-Live
MobiusMBL provides a free service for 4 weeks after the initial Go-Live date of the project.
All work in this period will be at no cost to clients, and the work may include any maintenance or modification to any elements in the delivered project.
It is not the purpose of this free maintenance, to deliver or configure any new functionality, except in the case where this has been mutually agreed, rather, its purpose is to cater for unexpected or overlooked items, and any issues which may surface after go-live.
Web Site Maintenance - On-Going
Any major code, design, re-configuration and/or database structural changes will be charged at current hourly rates, after both parties have investigated the requirements and work effort involved.
In order to provide post Go-Live maintenance, clients must create a support ticket on the MobiusMBL Website, outlining the nature of modifications required. This will be investigated and the work effort required will be determined and communicated to the client in the form of a quotation.
If it is agreed that the work should be continued based on this quotation, the client must create and pay for a relevant maintenance plan, by using the Maintenance Plan facility on the MobiusMBL website.
Web Site Maintenance - Rectification of Bugs
MobiusMBL warrants that the delivered projet is free of bugs, except in the case where these may have been noted previously and agreed that the issue cannot practically be rectified. (it is the case that sometimes, a software element does not perform as advertised, but on balance, the functionality outweighs any minor failures, so the software may be generally accepted by the client, notwithstanding any noted issues).
In other cases, a genuine bug may surface after Go-Live. In these cases, MobiusMBL warrants that the issue will be investigated and resolved free of any charge to the client, on the understanding that the determination of what constitutes a bug is soley at the discretion of MobiusMBL. The rationale for this is that often, "issues" are perceived as failures or bugs, when in fact, the "issue" is really one of the software not eprforming to the clients satisfaction.
An "issue" is NOT a bug if the software performs in the manner intended by the developer.
Completion Date.
MobiusMBL Web Design & IT Consultants and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project after the client has submitted all necessary materials (these materials may be submitted on an on-going basis)
If the client does not supply MobiusMBL Web Design & IT Consultants with complete text and graphic content for the web design project within 60 days of the date that this agreement was signed, the entire amount of the agreement becomes due and payable.
If the client still has not submitted all the required contents within 90 days after signing this agreement (and the project is delayed due to this), an additional continuation fee of 15% of the total agreement price may be assessed for each month, until the web design project is published, or the client cancels the web design project in writing, or MobiusMBL cancels the web design project in writing.
Project Delivery
The web site design project delivery shall be completed upon receipt of the payment associated with delivery, and upon receipt of an Acceptance Form, duly signed and/or authorised by the client.
The blank standard form can be seen here.
Delivery may be accomplished by publishing, electronic transfer, or physical media. The client understands that MobiusMBL Web Design & IT Consultants may or may not be providing any hosting services in connection with this web design project.
Hosting services may require a separate contract. The client will be solely responsible for all hosting service charges.
The client assumes all responsibility for the use and functionality of the web design project.
In event of the client sourcing their own hosting, the client is responsible for all the functionality and performance. MobiusMBL does not take any responsibility for a project published on unverified hosting servicees.
Electronic Commerce Laws
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend MobiusMBL Web Design & IT Consultants, associates and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.
Web Design Project Copyright.
All materials supplied by the client for the purposes of the web design project shall always remain the property of the client or the clients agents. In no cases will such material copyright transfer to MobiusMBL Web Design & IT Consultants.
Original web site content specifically requested by the customer and designed under work for hire shall be the intellectual property of the customer once final payment under this agreement and any additional charges incurred have been paid. Failling this, copyright will rest with MobiusMBL Web Design & IT Consultants.
Rights to clipart, photos, graphics, source code, working files and computer programs that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of their respective owners.
MobiusMBL Web Design & IT Consultants and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
Payments
Payments are to be made promptly, based on the agreed schedule, and in all cases, are required before the invoice due date. Delinquent bills can be assessed a $15 charge if payment is not received within 10 days of the due date.
If an amount remains delinquent 30 days after its due date, an additional 5% penalty can be added for each month of delinquency.
MobiusMBL Web Design & IT Consultants reserves the right to remove any web design project from viewing on the Internet until final payment is made.
In the case that collection proves necessary, the client agrees to pay all fees incurred by that process.
Regardless of the place of signing of this agreement, the client agrees that for purposes of venue, this agreement was entered into in te state of Queensland, Australia and any dispute will be litigated or arbitrated in Queensland, Australia .
All payments will be made in AUD ($), unless agreed upon in writing by both parties.
- a) For web design projects under $1,000.00; payment is due on order
- b) For web design projects over $1,000.00; 50% on order and 50% on completion.
- c) For web design projects over $5,000.00; agreed in writing - comprised of a single initial payment before work commences, and then payments by agreed milestones.
Legal Notice
MobiusMBL Web Design & IT Consultants Pty Ltd does not warrant that the functions contained in the web design project will be uninterrupted or error - free.
The risk as to the quality and performance of the web design project is with the client.
In no event will MobiusMBL Web Design & IT Consultants be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or site visitor's computer or Internet software, even if MobiusMBL Web Design & IT Consultants has been advised of the possibility of such damages.
This Agreement
This agreement constitutes the sole agreement between MobiusMBL Web Design & IT Consultants Pty Ltd and the client regarding this web design project. Any additional work not specified in this contract must be authorised by a written request.
All prices specified in this contract will be honoured for 30 days from date offered unless specified otherwise.
Acknowledgement of agreement after that time will require a review of current pricing and (potentially), a new agreement.
Each signed agreement (for the same project), will supersede any prior written or oral agreements between the parties for that project.
Amendment
This agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
Severability.
If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed written, construed, and enforced as so limited.
Waiver of Contractual Right.
The failure of either party to enforce any provision of this agreement shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement.
Governing Law.
This agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of Queensland, and the Federal Laws of Australia applicable therein without reference to rules governing choice of laws.
Any action relating to this agreement must be brought in Queensland, Australia and you irrevocably consent to the jurisdiction of such courts.
Notices.
Any notice, direction or other communication given under this Agreement shall be in writing and provided by transmission via e-mail, courier service or via regular (postal) mail.
In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender, in the case of notice to us to This email address is being protected from spambots. You need JavaScript enabled to view it. or authorised representative, in the case of notice to you, at the e-mail address provided by you in this agreement, in your WHOIS record for the website domain name, or as updated from time to time.
Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. and otherwise on the next business day.