By working with WebSmith Design Ltd, you agree to the following terms and conditions

Quotations and Proposals

All quotes and Proposals given by WebSmith Design Ltd are valid for one month from the date the quote/proposal is provided and will include indepth details of every project.

A new quotation/Proposal or a variation will be raised for any changes to the original scope.

Amendments to the cost/price may be required over the course of the project as the scope can sometimes vary, however, you will be emailed of any changes to the original agreed price, agree to the changes before project re commences.

Invoices

Invoices will be emailed upon completion of work.

A statement may be provided under customers request.

Should work be suspended or delayed due to the customers own instruction,  WebSmith Design Ltd shall be entitled to immediate payment for the work carried out and expenses incurred to that stage.

Should the customer cancel their project,  WebSmith Design Ltd shall be entitled to immediate payment for the work carried out and expenses incurred to that date.

Full and final payment of all invoices must be paid prior to your website going live

Payments

WebSmith Design’s payment plan is clearly outlined in our website Proposal.

Charge 50% up front and the remaining 50% immediately upon completion or within 70 days, (whichever comes first).

Payment terms are 7 days from date of invoice.

Payment can be made by bank deposit. Our bank account details can be found on your invoice.

If an account is overdue and despite our efforts to collect the receivables ourselves, WebSmith Design Ltd reserves the right to forward our bills receivable to a debt collection agency. Any fees and costs for debt collection and/or solicitors will be added to the receivables and must be paid by the customer.

If the client reneges on the agreed quote at any stage, any payment up to that point for work completed will be payable within 7 days.

Once the final payment has been payed, this is considered acceptance of website.

We provide a 30 day post launch support warranty. Beyond that either a monthly support fee will be charged or the work provided will be considered a new project and charged accordingly.

Once your entire account has been paid in full to WebSmith Design any text, graphics, photos, contents or other artwork for inclusion in the website are owned by you.

Projects

You will have submitted and completed all relevant and requested information, including business details, signed documentation and any other information that may influence the completion of the project.

Project scope will not be modified once agreement contract has been signed. Any changes may be considered a new project. Any additions will be done in writing by email and a new agreement may be signed.

The Client agrees to provide us with content and material necessary to the development in a timely manner (no later than 24 hours after the agreed provision date) in order to maintain the momentum of development.

If the client is unable to send the content according to the schedule, WebSmith Design will add placeholder content for them, and they will be responsible for adding content at a later time. Adding content after project completion cannot be used as website is not complete and cannot be used to delay payment.

The site is “complete” when the site is developed, not when the content is ready, which means the payment will be due when we’ve done our part.

“Unresponsiveness” from a client- If the project stalls for a period of 3 weeks due to the client’s delays, the contract expires and a new contract has to be issued and signed. Any outstanding money the client owes needs to be paid at this point.

Project re-opening” fee If the client continues to not reply for a period of 6 weeks, during the project process then the project may be deemed closed and the client will need to pay for any work done up to that point. There will be no refund for work completed. This is to recover costs for consistently have to close and then re-open files, re-read e-mails, and have repeat conversations on the phone because no one remembers what was discussed months ago.

The content including photos, logo and copy, must be supplied according to our recommendations. If the content cannot be supplied according to our recommendations the Client agrees to pay additional project fees for content preparation, copywriting and image manipulation, or design work as required.

WebSmith Design assumes that you have permission from the rightful owner to use any images or design elements that are provided by you for inclusion in the website

The Client agrees that production milestones, development timeline and Charges may be extended, if the Client has not supplied the content and material necessary to maintain the momentum of development.

The Client agrees to make available suitable personnel to answer queries and assist to maintain momentum of the project in order to meet production milestones and the development timeline. If the Client cannot provide appropriate personnel, it is understood that delivery timeframes may be affected accordingly.

Final proof reading and checking of all work supplied is the responsibility of the customer. WebSmith Design Ltd must be notified of any errors within 7 days of receipt of completed work. Any errors generated by WebSmith Design Ltd will be amended free of charge, however any amendments or alterations, suggested by the client, will be charged at the standard hourly rate.

You will be responsible for the submission and manipulation of all product based information to the site via the administration console, once project handover and sign off is undertaken.

WebSmith Design Ltd is under no obligation to review or edit content of the Customer’s data and the Customer is solely responsible for dealing with persons who access the Customer’s data.

Handover

WebSmith Design will not be responsible for any changes you have made after the site has gone live (handover). If WebSmith Design is required to fix any changes or mistakes this will be charged out at an agreed project price or hourly rate of $120/hour.

Hosting

The website will be hosted with our hosting company, unless otherwise mutually agreed.

You will be responsible for all associated hosting (this is usually in USD or AUD but will be written in your proposal), web site platform and domain name renewal costs are your responsibility once project handover and sign off is undertaken. If monthly costs are not met by you, your website may be removed from all servers. This is your responsibility including backup

The Client agrees that during the period of this Contract, WebSmith Design will be the only party authorised to update your Internet site files and to transfer any amended files to the server hosting the site.

The Customer agrees to pay for all hosting fees incurred by the Customer whether or not the Customer gains any benefit there from, including any unauthorised use.

WebSmith Design Ltd will provide hosting services with reasonable care and skill, and will use all reasonable efforts to ensure that the hosting services are reliable at all times, but cannot, and it does not guarantee that the services will be continuous or fault free.

General

While WebSmith Design makes every effort to ensure that the site will operate fully and effectively on the Client’s server platforms and within the Client’s operating environment, it is an obligation of the Client to provide a suitable server platform and operating environment.

All Intellectual property is owned by WebSmith Design until such time as full and final payment is received.

All documents, templates and processes are confidential and for use within their own business only.

Any printing, photocopying, international phone calls, and all other expenses will be charged separately above the costs of the original quote amount.

WebSmith Design Ltd is not responsible for personal site maintenance. It is the responsibility of the Customer to make changes, apply updates, add graphics and run their own website in general.

WebSmith Design Ltd makes no warranties of any kind, whether expressed or implied, for the service it provides

You the customer are responsible for maintaining all passwords issued and generated for access and all other login details.

The Customer agrees to indemnify and hold WebSmith Design Ltd harmless against all liabilities, losses, damages, costs, and expenses (including legal fees and expenses) associated with, or arising out of any claim against the Customers warranties or otherwise attributable to the Customer’s data.

WebSmith Design retains the right to display graphics and other web content elements as examples of their work in their portfolio and as content features in other projects.

We recommend an upgrade or a new website design every 18 months to keep up with changes in technology.

 



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