The following terms and conditions apply to all website development/ design services provided by SEO Optimised Website and the Newcastle Web Design to the Client.
1. Acceptance
If a Client accepts a quote then it is understood the Client agrees to the terms which apply to it. By accepting our quote and agreeing to go ahead with design you are confirming that you have accepted these terms and conditions in full. Signing an acceptance of the terms and conditions won’t be necessary.
Please read these terms and conditions thoroughly. Any purchase or use any of our services means that you have read and accepted our terms and conditions.
2. Charges
The charges for services to be offered by SEO Optimised Website are indicated in the project quotation emailed to the Client. Validity of these quotations are for 30 days unless specified otherwise. If there is no expiry date mentioned, the 30 day expiry applies. SEO Optimised Website reserves the right to alter or decline to provide a quotation after expiry of the said timeframe.
Unless agreed otherwise, all website design services will require an advance payment of at least fifty (50) percent of the project quotation total before the work commences. A second charge of fifty (50) percent is due upon finalisation of the work, prior to upload to the server or release of materials.
Payment is due by credit card with stripe, paypal or bank transfer. Cheques are not accepted. Bank details will be made available on invoices should you wish to direct deposit.
3. Client Review
SEO Optimised Website will allow the Client to review the setup, appearance and content of the website during the design phase and upon completion of the project. During finalisation, such materials will be deemed approved unless the Client notifies SEO Optimised Website otherwise within ten (10) days of the date the materials are made available.
4. Turnaround Time and Content Control
SEO Optimised Website will put up and publicly post the Client’s website by the date specified in the proposal, or at an agreed date with Client upon SEO Optimised Website receiving initial payment, unless a delay is specifically requested by the Client and agreed upon by SEO Optimised Website.
In return, the Client agrees to assign a primary contact to aid SEO Optimised Website with progressing the commission in a satisfactory and expedient manner.
During the project, SEO Optimised Website will require the Client to supply website content; text, images, movies and sound files unless a copyrighting package has been purchased. You will be advised of our copyright packages and offered to purchase this service.
5. Failure to provide required website content:
SEO Optimised Website is a small business, to remain efficient we must see to it that work we have accepted is done at a scheduled time. At times we may have to decline offers for other work and enquiries to ensure that your project is accomplished at the time arranged.
This is why we require you to provide all necessary information beforehand so we are able to keep website production on schedule. On the event where progress cannot be made with your website because we have not been supplied the required information in the agreed time frame, causing delay, we reserve the right to impose a surcharge of up to 25%. If the work involves Search Engine Optimisation we require the text content for your site, site login details and your business details in advance so that the SEO can be planned and completed efficiently.
If you agree to give the needed details and then fail to deliver within a week from when work starts, we reserve the right to end the project and the remaining balance becomes payable immediately. Simply put, all the above condition says is give us the go signal when everything is prepared and ready.
NOTE: Text content should be sent as a Microsoft Word, email (or similar) document with the pages in the given document representing the content of the relevant pages on your site. These pages must have the same titles as the agreed website pages. Please reach out to us for any clarification.
Using the websites content management system (WordPress) you can keep your content up to date yourself. If you have purchased a managed website plan from us, you will need to send us the word document and we will upload it.
6. Payment
Invoices will be sent by SEO Optimised Website upon completion of the project but before the website goes live. Invoices are normally sent via email; however, the Client may opt for hard copy invoices. Invoices are due upon receipt. Accounts that remain unsettled thirty (30) days after the invoice date will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) per month of the total amount due.
7. Additional Expenses
Client agrees to reimburse SEO Optimised Website for any additional expenses needed for the completion of the work, such as purchase of special fonts, stock photography etc.
8. Web Browsers & Other Devices
SEO Optimised Website will endeavor to ensure websites are designed to be viewed by the majority of visitors, regardless of their device or screen size. Websites should be compatible with the most popular current browsers (e.g. Firefox, Google Chrome, etc.). Client then understands that SEO Optimised Website cannot guarantee correct functionality with every browser software for different operating systems and future updates of browsers.
SEO Optimised Website will not accept responsibility for web pages which do not appear satisfactorily in new versions of wordpress released after the website has been completed and given to the Client. As such, SEO Optimised Website reserves the right to quote for any additional work in tweaking the website design or website code for it to function with updated browser software. Unless you have purchased a managed website, in which case we will ensure continued compatability.
9. Default
Any account unpaid after thirty (30) days from the invoice date will be considered in default. If the Client in default has any information or files on SEO Optimised Website’s Web space, SEO Optimised Website will, at its discretion, delete all such material from its web space. SEO Optimised Website is not responsible for any data loss incurred related to the above situation. Removal of such material, however, does not waive the Client’s obligation to pay any outstanding charges. Client’s account will immediately be considered to be in default until full payment is made. Clients whose accounts are in default agree to pay SEO Optimised Website reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by SEO Optimised Website in accordance to the Terms and Conditions.
10. Termination
Termination of services by the Client should be requested in written notice and will be effective upon receipt. Email or telephone requests for termination will not be honoured unless supported by written document. The Client will be charged for design work accomplished to the date of first notice of cancellation for payment in full within thirty (30) days.
11. Indemnity
All SEO Optimised Website services may be used strictly for lawful purposes only. You agree to indemnify and hold SEO Optimised Website faultless from any claims resulting from any untoward use of our service that damages you or any other party.
12. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants SEO Optimised Website the rights to publish and use them. The Client must obtain permission to use any other information or files copyrighted by a third party. The Client is also accountable for granting SEO Optimised Website permission and rights for use of the same and agrees to indemnify and hold harmless SEO Optimised Website from claims resulting from the Client’s negligence in securing proper copyright permissions. A contract for website design and/ or placement shall be assumed as a guarantee by the Client to SEO Optimised Website that all required authorities have been obtained. Proof of permissions and authorities may be requested.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement expects that any text will be given by the Client in electronic format and that all photos and other graphics will be either provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. SEO Optimised Website will exert every reasonable effort to return printed materials supplied by the Client to the Client, however such return cannot be guaranteed.
14. Access Requirements
If the Client’s website is to be installed on a third-party server, SEO Optimised Website should be given temporary read/ write access to the Client’s storage directories and must be accessible via FTP. Other resources will need to be configured as well on the server, depending on the project. This access is expected to be granted promptly to avoid any delays.
15. Post-Placement Alterations
SEO Optimised Website cannot and will not accept responsibility for any alterations caused by a third party or the client themselves to the Client’s website pages once installed. Such alterations include, but are not limited to additions, modifications, plugins or deletions. If you modify a website yourself once we have handed it over to you then we are not obliged to fix any problems that arise from your modifications. We can quote to fix any problems, however our usual payment terms will apply. If you need work done to your website outside normal business hours (Monday-Friday 9am till 5pm Sydney NSW time) then an hourly rate of $150 will apply to any work completed and any time on the telephone discussing the problem.
16. Domain Names
SEO Optimised Website may purchase domain names on behalf of the Client, but payment and renewal of such is the sole responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not SEO Optimised Website’s responsibility. The Client needs to keep track of due dates for payment to prevent such a situation from arising.
17. General
These Terms and Conditions supersede all previous representations, understandings or agreements. Either the Client’s acceptance of a quote, a signature below or advance fee payment means agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
18. Social Media Management
Social Media Marketing and Management is defined as assisting a client in promoting their products and services through social media platforms. SEO Optimised Website will honour your chosen social media package, providing an agreement to at least 3 months contract is served and monthly payments are received in advance. When payment is not received on time, further work will be halted until this is addressed.
19. Liability
SEO Optimised Website hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay/ error, as result of negligence or other cause in the production of the website;
Loss or damage to clients’ artwork/ photos, made available for the site. Regardless whether the loss or damage results from negligence or otherwise.
The entire liability of SEO Optimised Website to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
20. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
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