PAYMENT TERMS
Estimates are valid for 30 days from the date of issue. My payment schedule is as follows:
- 40% of the total project cost will be invoiced on commencement of the project
- 40% will be invoiced when the design template is coded and approved by client
- The final 20% will be invoiced when the project is handed over or deployed
- Payment terms are strictly 14 days
SERVICE TERMS
Intellectual Property
I reserve the right to re-use technical components developed during the project and will retain intellectual property rights on each development. The client will hold copyright on all work pending payment of final invoice.
Maintenance
I guarantees that each project will be compatible with current versions of all major software platforms and browsers. Current release refers to software versions current at the time the website goes live, versions released after this date are not included.
Platforms:
- Windows (XP up to current full version)
- Macintosh (OS 10.1 up to current full release version)
Browsers:
- Internet Explorer – version 7 up to current full release
- Firefox 3.6 up to current full release
- Apple Safari – version 4 up to current full release
Browser Plug-ins:
- Current version of Flash Player
- Windows Media Player
- QuickTime
Variations and Extensions
In the event of any variations or extensions to this contract, all work will be undertaken in accordance with my hourly rates.
Approval/Sign-off
To authorise commencement of a project I must receive acceptance of the estimate. This can be accepted online.
All estimates are valid for 30 days from date of issue.
FULL TERMS AND CONDITIONS
By placing an order with Drew Walker, you confirm that you are in agreement with and bound by the terms and conditions set out below.
Definitions
“I”, “we”, “me”, “my” or “our” refers to Drew Walker.
“The client” refers to the company or individual engaging the services of Drew Walker.
General
I will only commence a project where an agreement has been provided and recorded. This includes written and verbal agreements via telephone and email.
Project stages
Stage 1 – The client must thoroughly review the website design, providing feedback within five business days.
Stage 2 – The client must review the website wireframe development (empty website shell or working website without content), providing feedback within five business days.
Stage 3 – The client must carefully review the completed website including all content, providing feedback on any changes within three business days.
Final review – The client will review any changes made in stage three and authorise me to launch the project. Any changes requested after the final review will be considered additional and charged at our standard hourly rate.
System specifications and alterations
Each project will have set parameters as described in the final proposal and/or technical specification. This document also includes an authorisation form which indicates agreement with the specification and authorises me to begin work. On commencement I will proceed in accordance with the exact specifications as set out in this document. If there are any amendments to these parameters after the project has commenced, I will consider this to be an additional component or customisation of the project and will charge for this work at my standard hourly rates.
Bugs or system errors
When a project has been delivered and approved, the client will have a three month grace period where I will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.
Website design
While every endeavour will be made to ensure the website and any scripts or programs are free of errors, I do not accept responsibility for any losses incurred due to website malfunction.
The project and any associated graphics and files remain the property of me until all accounts are paid in full.
Any scripts, cgi applications, php scripts, programming code or software written by me will remain my property and may only be commercially reproduced or resold with my permission.
I cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and may refuse use of any such material unless proof of permission is provided.
Any additions to the brief will be carried out at my discretion. Where no charge is made by me for these additions, I accept no responsibility to ensure these additions are error free. I reserve the right to charge an appropriate sum for any correction to these or further additions.
The client agrees to provide me all materials required to complete the site (files, content and images) in a timely fashion.
I will not be liable for costs incurred, compensation or loss of earnings due to the failure by the client or me to meet agreed deadlines.
I will not be liable or become involved in any disputes between the site owner and their clients and I cannot be held responsible for any wrongdoing on the part of a site owner.
I will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client, or any of the clients appointed agents.
I will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by its agents.
A deposit of 40% is required with each project before any work will commence. Once a project has been completed the final balance of payment is due in accordance with our payment terms.
If the client decides to terminate the contract after a project has commenced, the client will be liable to pay for all work done up to the point of termination.
Content and data entry
The supply of content and assets is the responsibility of the client.
All content for all sections of the website must be supplied at an agreed time and preferably in one delivery.
Content must be thoroughly reviewed before it is supplied. I am not responsible for any spelling and grammatical errors.
Content must follow the directions of the sitemap. If the sitemap indicates five pages, content must be supplied for five pages.
Database, application and e-commerce development
I cannot take responsibility for any losses incurred by the use of any software created for the client. The client is expected to fully test any application or program relating to a site developed by me before being made available for general use. Whilst every care has been taken to ensure products are bug free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, cgi applications, php scripts or software written by me remain the property of me and may only be commercially reproduced or resold with my permission.
Where applications or sites are developed on servers not recommended by me, the client is expected to provide information, software and support relating to the server to assist with the correct development of the application. Any assistance or work required from me for external hosting will incur additional charges.
Where a large application is to be developed, the client is responsible for providing a testing environment as similar as possible to the final production environment.
When a project has been delivered and approved, the client will have a three month grace period where I will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.
Compatibility
I will ensure that any site or application will function correctly:
- On the server to which it is initially installed
- When viewed with current Microsoft Internet Explorer version 7 to current full release
- When viewed with Mozilla version 3.6 to current full release
I can offer no guarantee of correct function with all browser software including future releases.
Website hosting
I cannot guarantee the availability or continuity of this service and cannot accept liability for loss of revenue caused by the unavailability, malfunction or interruption of this service.
I reserve the right to refuse handling of material which may be deemed offensive, illegal or controversial. In this instance, hosting services may be terminated.
Payment of accounts
A deposit by the client is required before I can commence a project. Any outstanding accounts for work completed by me or require payment in full no later than 14 days from the date of invoice. On completion of a project the client is obliged to pay the balance in full.
I will contact clients to remind them of payments due if they are not received. If accounts are not settled and I have not been contacted regarding the delay, website access may be denied and web sites or projects removed.
Complaints procedure
Any client experiencing problems with a web service provided by me should email drew@drewwalker.com.au. Clients should supply the URL of the problem, clearly outline the issue in question and provide a screenshot where possible.
I will contact the individual responsible for the material in question with a view to resolving the matter satisfactorily.
Formal complaints procedure
The formal complaints procedure is in place should a client feel that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to me who will acknowledge receipt and ensure that the matter is examined within two business days.
An initial response will be issued within seven days of receiving the formal complaint and a full and considered response will be issued within 30 days. Any required action will be implemented with minimal delay.
REFUNDS POLICY
Refunds are only issued in the event that a contract is terminated. If work has commenced and a contract is terminated, any work that has been completed will be charged to the client and any remaining budget from a previous payment milestone will be refunded to the client.
Refunds are NOT issues for defects in work produced. Defects will be addressed in accordance with the terms & conditions stated above.
