TERMS AND CONDITIONS
By placing an order with Smart Web Development, you confirm that you agree to be legally bound by the terms and conditions below.
1. Clients will be provided the service according to the estimate accepted by the client. Client’s responses will be created iteratively through a drafting cycle of creative briefs, revision briefs and responses, ultimately resulting in a final response conforming to client’s various creative and revision briefs.
2. Whilst every effort will be made to ensure that the website and any scripts or programs are free of errors, Smart Web Development cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
3. The website, graphics and any programming code remain the property of Smart Web Development until all outstanding accounts are paid in full.
4. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Smart Web Development remain the copyright of Smart Web Development and may only be commercially reproduced or resold with the permission of Smart Web Development.
5. Smart Web Development cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
6. The client agrees to make available as soon as is reasonably possible to Smart Web Development all materials required to complete the site to the agreed standard and within the set deadline.
7. Smart Web Development will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
8. Smart Web Development will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
9. Smart Web Development will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
10. Smart Web Development will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
11. A deposit of 20% is required with any project before any design work will be carried out. Deposit is not refundable
12. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
13. If accounts are not settled or Smart Web Development have not been contacted regarding the delay, access to the related website may be denied and web pages removed.
14. Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
15. Website Hosting
We offer limited hosting services by buying server space from HostPapa. Should you require any additional information, please refer to the hostpapa.com.au website.
16. Post Site deployment warranty
16.1 After the site has been launched any bugs / site errors discovered will be rectified for free by the company for up to 6 months. After this period any errors discovered will be rectified and charged at the company’s standard hourly rate.
16.2 In the event that the client or a third party modifies the website after the site has been deployed, the warranty will be deemed void.
16.3 Sites hosted by the company are assured of 99.9% uptime.
16.4 Unless a web maintenance bundle has been purchased, requests for changes outside the scope of fixing bugs and errors will be charged at the company’s standard hourly rate.
17. Errors & Liabilities
17.1 The company will use all due care to ensure sites created are free of errors.
17.2 The company offers a 6 month post-deployment warranty as per section 16.
17.3 The company does not accept any responsibility for losses or damage arising from errors within any site, interruptions in the company’s hosting service or failure to deploy a site for any reason.
18. Suspension of Services
18.1 The company reserves the right to suspend services in any case where you fail to perform your obligations under this agreement. If payment for services is not received within the terms of payment stipulated by us websites may be taken down until payment is confirmed.
18.2 The company may from time to time and without notice or liability to you suspend any of the services if the reason for doing same is an event beyond the reasonable control of the company.
The company may discontinue services if an amount payable to the company is overdue or take down a website permanently in any case where an amount payable is overdue by more than 10 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties.