GENERAL TERMS AND CONDITIONS
These are the general terms and conditions for Website Design and Development and apply to contracts and work undertaken by Entice Digital for its customers.
FEES AND DEPOSITS
Entice Digital requires an immediate 50% deposit of the total fee payable once you instruct us to begin your website design and/or development work. The outstanding 50% balance is due when the work we undertake is completed to your satisfaction subject to “rejected work” and “approval of work” clauses. Entice Digital reserves the right not to proceed with any work until the 50% deposit has been paid in full.
The 50% deposit is refundable only if we have not met our obligations set out in the agreement with our customer. The 50% deposit is not refundable if the work has commenced and the customer terminates the contract through no fault of Entice Digital.
SUPPLY OF MATERIALS
The customer must supply all relevant information and materials required to complete the work in accordance with any agreement. Materials may include (but are not limited to) images, photographs, written content and text, video, logos and other printed material. Any delay in supplying such materials to Entice Digital which causes a delay in the completion of the work will grant us the right to extend any prior agreed deadlines by an amount deemed reasonable.
If a customer fails to supply relevant materials and this failure prevents us progressing the work, Entice Digital has the right to invoice the customer for any part or parts of work already undertaken and completed.
Entice Digital is pleased to offer customers the opportunity to make revisions to their website design. Please note however Entice Digital retains the right to limit the number of design proposals to a reasonable amount and as such we may charge for additional designs or variations if the customer makes a change to the original design specification.
Our website development and build phase is flexible and caters for certain variations to the original specification. However please note any major or significant deviation from the original specification will be charged at the rate of $100.00 per hour.
CLIENT LIABILITY AND PROJECT DELAYS
Time frames or estimates provided to customers rely on the customer’s full co-operation and supply of final content in photography for the work pages. During the development phase there is a certain amount of feedback required in order to progress to subsequent phases. To facilitate this, the customer is required to provide a single point of contact that is available on a daily basis to expedite and complete the feedback process.
APPROVAL OF WORK
Customers will be notified upon completion of the work and given the opportunity to review the completed work. Customers must notify Entice Digital in writing of any unsatisfactory matters within seven (7) days of such notification. Any work not reported in writing to Entice Digital as unsatisfactory within the seven (7) day review period will be considered to have been approved. Upon approval, work cannot subsequently be rejected as the contract will be deemed to be complete and the 50% balance of the total project price will be due.
Should a customer reject any of the work within the seven (7) day review period, or not approve subsequent work undertaken by Entice Digital to remedy any matters recorded as being unsatisfactory, and Entice Digital, acting in reasonable faith, consider that the customer has been unreasonable in any rejection of any work, Entice Digital can elect to treat such a contract as at an end and take relevant action to recover payment for the completed work.
When the seven (7) day review period is completed, Entice Digital will invoice the customer for the 50% balance of the project.
WARRANTY BY THE CUSTOMER REGARDING OWNERSHIP OF INTELLECTUAL PROPERTY
The customer must obtain and secure all necessary permissions and authorities in respect to the use of all copy, graphic images, registered company logos, names and trademarks, or any other material and content that the customer supplies to Entice Digital for inclusion in the customer’s website or web applications.
The customer must indemnify Entice Digital and hold Entice Digital harmless from any claims or legal actions related to the content and associated intellectual property of the customer’s website.
Upon receipt of the total project price, Entice Digital grants to the customer a license to use and operate the website and its related software and contents for the life of the website.
SEARCH ENGINE OPTIMISATION
Entice Digital does not guarantee any specific position or ranking in search engine results for the customer’s website. Entice Digital performs basic level search engine optimisation in line with current best practice.
Entice Digital shall not be liable for any damage or loss which the customer may suffer which is in any way associated with or attributable to any delays in performance or completion of our contract, in whichever way such a delay may arise.
To the full extent permitted by law, all conditions, terms, undertakings, warranties, 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 Entice Digital provides to the customer are excluded.
Without limiting the above, to the extent permitted by law, any liability of Entice Digital 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.
Entice Digital reserves the right to subcontract any service that we have agreed to perform for you as deemed necessary.
Entice Digital (and any subcontractors engaged by us) agree that we will not at any time disclose any of your confidential information to any third party.
The customer agrees to reimburse Entice Digital for any requested and agreed upon expenses which do not form part of the existing proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting and/or comparable expenses.
The customer is wholly responsible for maintaining their own backups with respect to their website and Entice Digital will not be liable for restoring any client data and/or client websites except to the extent that such data loss arises out of a negligent act or omission by Entice Digital.
OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
Entice Digital will supply to the customer any account credentials for domain name registration and/or web hosting that have been purchased on the customer’s behalf when the customer reimburses Entice Digital for any relevant expenses that have been incurred.
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of New South Wales. The customer and Entice Digital submit to the non-exclusive jurisdiction of the courts in and of New South Wales in relation to any dispute arising under these terms and conditions or in relation to any services Entice Digital performs for the customer.
CROSS BROWSER COMPATIBILITY
Entice Digital uses current versions of content management system WordPress, and as such endeavours to ensure the websites we create are compatible with all current web browsers including but not limited to the most recent versions of Google Chrome, Firefox, Internet Explorer, and Safari. Where used, third party extensions may not feature the same level of support for all such browsers. Where appropriate and where any incompatibilities are found, Entice Digital will substitute alternative extensions or implement other solutions on a best effort basis.
The customer is responsible for meeting and complying with all relevant laws related to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Entice Digital and its subcontractors from any penalty, claim, tariff loss, tax, or damage arising from the customer’s or the customer’s clients’ use of Internet electronic commerce.