Terms & Conditions

 

 

Standard Terms And Conditions

The following are the standard terms and conditions for SME Design. They will be applicable to all contracts and all work we do for our clients.

 

Fees And Deposits

As soon as you agree to let us proceed with the work on developing your website, a 50% deposit of the total fee will be due. Once the work is completed to your satisfaction, the remaining 50% is due. See the “approval of work” and “rejected work” clauses below for further information. We reserve the right to not begin work on any project until the initial 50% deposit is received.

 

The 50% deposit is non-refundable unless we have not completed the work as agreed. It is also non-refundable if you choose to cancel your contract after work has begun on your project.

 

Material Supply

You must supply the information and materials necessary for us to complete work as agreed upon. The materials required may include but are not limited to written copy, logos, photographs and any additional printed materials. The client nees to supply all access to existing hosting and provide correct username and passwords.

If a delay in producing your work results from a delay in us receiving the required materials, the deadline for completion of your contract will be extended accordingly. A delay is deemed to have occurred if relevant content has not been delivered within  30 days of request from SME Design.

Should you fail to forward required materials and is prevents us from completing your work, we have the right to invoice you for the work completed to that point.

 

Variations

Revisions are welcome and can be accommodated with you work however, we reserve the right to limit the number of revisions requested. We may charge additional fees for design changes that are made differing from the original specifications.

We are flexible in our design department and will permit certain revisions. Major alterations to the original specifications will be charged at the rate of $100.00 per hour.

 

Project Delays And Client Liability

We intend to work with you and time frames or estimates that we provide are based on your complete cooperation and your supplying all the materials required to complete your work. The content you need to provide may include but not be limited to Text Images & logos. During the development phase, we will require feedback in order to continue the process and request that one person representing your interests in this project be appointed as our contact. This person should be available daily in order to speed up the process.

 

Approval Of Work

Once your project is completed, you will be notified to review it. We request notification in writing within 7 days of any changes required. Work that does not receive reports as not being approved within 7 days of notification of completion will be deemed to have received approval. Following approval, that work cannot be rejected and the contract will be considered completed. The 50% balance of the project fee will be due at that time.

 

Rejected Work

Any work that is rejected within the 7 day review period that is not subsequently approved following our attempts to remedy the unsatisfactory issues will be viewed as you being uncooperative. We reserve the right to consider your contract completed and will take measures necessary to recover outstanding payment for the full contract fee.

 

Payment

Once the 7 day review period has passed, you will be invoiced for the remaining 50% owing for your project.

 

Warranty To You Regarding Intellectual Property Rights Ownership

The materials you provide to us for your project requires that you have obtained all permissions and rights to use any and all names, trademarks, logos, graphic images and copy for your web development project. We require proof that you have completed this step before we will start working on your project.

You are also required to indemnify us and hold us harmless from any legal actions or claims that may result from the content of your web project.

 

Licensing

Following receipt of full payment for our work, you will receive license to use the website created for you as well as all related software and contents. This will remain in effect for the life of your website.

 

Search Engines

Our web development work includes basic search engine optimization based on current best practices. However, we do not guarantee specific positions in search engine results.

 

Consequential Loss

We will not be liable for losses or damage that you may experience that incurs from any delay in us being able to complete the work for you set out in the contract regardless of how that delay occurs.

 

Disclaimer

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 SME Design 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.

 

Subcontracting

We reserve the right to subcontract any work we have agreed to perform for you however we see fit.

 

Non-Disclosure

We and our subcontractors agree to protect and keep your confidential information private. This also means none of it will be disclosed to third parties.

 

Additional Expenses

Any additional expenses that fall outside of the original agreed proposal that you have requested will require reimbursement. Such examples would include but are not limited to domain name registration, web hosting, template purchases, third party software, stock photographs, fonts and comparable expenses.

 

Backups

You are responsible for maintaining your own backups for your website unless specifically advised in writing otherwise. We will not be liable for restoring data or websites unless the data loss was incurred through a negligent act performed by us.

 

Domain Name(s) And Web Hosting Ownership

Any domain name(s) registration and/or web hosting we purchase on your behalf will have to be reimbursed by you. Following that, we will provide you with all the account information related to those purchases.

 

Governing Law

The agreement covered by these terms and conditions as well as proposals will be understood as being governed by the laws of Australia, you and SME Design and submit to the non-exclusive jurisdiction of the courts and of Australia related to disputes that may arise under these terms and conditions related to services we performed for you.

 

Cross Browser Compatibility

We make every effort to create websites that are compatible with all current modern web browsers and the most recent versions of Google Chrome, Firefox, Internet Explorer and Safari. Some third party extensions may not have the same level of support for all browsers. When possible we will substitute alternative extensions or employ other solutions where compatibilities are available.

 

E-Commerce

You are responsible to comply with any and all laws that relate to e-commerce. To the full extent of the law, you will hold harmless, protect and defend and indemnify SME Design and our subcontractors from claims, penalties, taxes, tariff losses or damages that may arise from your or your clients’ use of internet electronic commerce (e-commerce).