TERMS AND CONDITIONS
1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and apply to all contracts and all work undertaken by Triple Scoop Media for its clients.
2. OUR FEES AND DEPOSITS
A 50% deposit of the total fee payable is due immediately upon you instructing us to proceed with the website design work. The remaining 50% shall become due upon completion, or 30 days from the project commencement date, whichever is sooner. The project commencement date is the date the deposit is received.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.
3. SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
4. REVISIONS
We are pleased to offer you the opportunity to make revisions to the design, as per your chosen website design package. Small Business Start Up website packages include one (1) round of revisions and Professional Business, Premium Business and Ecommerce website packages include three (3) rounds of revisions.
Revisions made after the included number of revisions, will be charged at the rate of $75.00 per hour, with a minimum of 30 minutes.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content and photography for the work pages.
6. CANCELLATION FEES
In the event of Cancellation, Triple Scoop Media will be compensated for services performed through the date of cancelation in the amount of a prorated portion of the fees due. Upon cancellation all rights to the website revert to the Designer and all original art must be returned, including sketches, comps, or other preliminary materials.
7. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
8. HOSTING, CMS AND SUPPORT
Business Start Up website packages include hosting only and are billed annually unless otherwise arranged.
Professional Business, Premium Business and Ecommerce website packages include hosting, a content management system (CMS) and basic support.
The first year of hosting is included in Business Start Up, Professional Business and Premium Business website design packages. Payment for the year is required within 2 weeks of issue of the invoice for that year.
Hosting, CMS and support for ecommerce websites is billed monthly unless otherwise arranged.
If a hosting account remains unpaid after one month from date of invoice, Triple Scoop Media reserves the right to suspend the hosting account until payment is received.
9. LICENSING
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
10. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
11. POST-PLACEMENT ALTERATIONS
Triple Scoop Media cannot accept responsibility for any alterations caused by a third party occurring to the website pages once uploaded and live. Such alterations include, but are not limited to additions, modifications, or deletions.
12. CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
13. 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 Triple Scoop Media 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.
14. NON-DISCLOSURE
We agree that we will not at any time disclose any of your confidential information to any third party.
15. ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of the agreed website design package.
16. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Queensland. You and Triple Scoop Media submit to the non-exclusive jurisdiction of the courts in and of Queensland in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.