Terms

Last updated 22nd January 2018

Below are our standard terms & conditions for projects. Any specifics which supersede a section of these terms will be included within the quote or proposal.

Mutual Agreement

Between us, Infinity Web Development Pty Ltd (ABN: 56 094 428 613) and you.

Summary

We will always do our best to fulfill your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.

In short

You are hiring Infinity Web Development Pty Ltd located in Hervey Bay, Queensland to design and/or develop a website for the estimated total price as outlined in our quote or proposal. Of course it’s a little more complicated, but we’ll get to that.

What Do Both Parties Agree To Do?

As our customer, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with everything that we’ll need to complete the project – including text, images and other information – as and when we need it and in the format we ask for. You agree to review our work, provide feedback and approval in a timely manner too. Deadlines work two ways and you’ll also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we’ll also maintain the confidentiality of any information that you give us.

Getting Down to the Nitty Gritty

Design

If we are designing your application we’ll create designs for the look-and-feel, layout and functionality of your website. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at our standard design rates.

HTML and CSS Layout Templates

If the project includes HTML markup and CSS templates, we’ll develop these using valid HTML and CSS code. The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our markup and CSS in current versions of all major desktop browsers to ensure that we make the most from them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software. We do not cater for people using Microsoft Internet Explorer 6, 7 or 8 and cannot predict the behaviour of that browser. We will also test that these templates perform well on Apple’s iPad.

We will not test old or abandoned browsers, for example Microsoft Internet Explorer 6 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need us to consider these older browsers, we will charge you at our standard old browser rate for any necessary additional design work, development and testing.

Text Content

We’re not responsible for writing or inputting any text copy unless we specified it in the original estimate. We’ll be happy to help though, and in addition to the estimate we will charge you at our standard copywriting or content input rate.

Photographs

You will supply us photographs in digital format. If you choose to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for appropriate photographs will be charged at our standard discovery rate. Any supplied photographs must have the relevant license for usage in your project(s).

Changes and Revisions

We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.

The estimate/quotation prices are based on the amount of work we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. However, you will be charged accordingly and these additional costs will need to be agreed to before the extra work commences. This additional work may affect deadlines and they will be moved accordingly. We’ll be up front about all of this if and when it happens to make sure we’re all on the same page before proceeding. We may also ask you to put requests in writing so we can keep track of changes. If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project cancelled. At this point you will pay us in full for all the work we have done and may commission us to complete the new project based on the new requirements. This will require a new quote and contract.

Development Server

We develop all websites on our own testing area. If it’s agreed to use an external development server, we’re not liable for any loss of files, and such a scenario may incur additional costs and deadlines extended. We recommend all projects are developed on our server which is stable and has daily backups, and should disaster strike any lost work will be redone at our expense.

Hosting and Launch

You are free to host your website with any company that has WordPress compatible hosting. Our approved list of hosts are linux cpanel plans from: Panthur.com.au, VentraIP.com.au and NetRegistry.com.au. Other approved hosts with custom control panels are getflywheel.com and WPEngine.com.

We include 30 minutes of time to put a site live/troubleshoot any hosting problems. Any additional time required to launch the site will be billed hourly. In general any “standard” web host will work; the main problems we encounter are with Windows hosts or ones with unusual/customised setups.

You’re welcome to send the logins to your hosting before the project commences and we can confirm compatibility.

Assumptions

We realise our clients aren’t web connoisseurs. As such we encourage any questions to be voiced upfront so we’re all on the same page as to what will be delivered. What is quoted is what will be delivered. Any questions, just ask, we won’t bite!

Legal stuff

We can’t guarantee that the functions contained in any web page templates or in a completed website will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Phew!

Files & Logins

Once your site goes live, you are liable for keeping backups of your site in case the worst happens. In the interest of security old project files and login details are regularly deleted. After going live there may or may not be a complete set of files stored. If you would like a copy of the files for your records, when going live please request and a zip of all files will be provided that you can download. We often keep files for a few months after going live however cannot guarantee we will have a complete copy on hand after launching.

Maintenance and Ongoing Obligation/Technical Support

Unless the quote states otherwise we are developing the initial theme/website only. Once the site is approved to go live the contract is deemed fulfilled. There is no ongoing obligation by either party to continue working together, and any site related problems or updates will be invoiced separately. It’s the responsibility of the client to keep the site up to date and make regular backups unless we have an active maintenance plan. Although we’ll be happy work together again to fix any problems or hacked websites, it is considered a separate project to the original and will quoted separately.

Copyrights

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, fonts or other artwork that you provide us for inclusion in the website are either owned by your good selves, or that you have permission to use them.

When we receive your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements that we create for you for this project. We’ll give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files we used to make them.

You also own text content, photographs and other data you provided, unless someone else owns them. We own the markup, CSS and other code and we license it to you for use on only this project.

We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles and in books about web design, unless agreed in writing otherwise.

Payments

We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule. Our invoices are issued with 7 day payment terms.

Full Websites

  • 50% deposit up front
  • 30% installment once functionality and design has been agreed upon
  • 20% balance once the application has been tested and everyone agrees it is ready to go live. NB: If you are unable to supply all of the right content at this stage, it does not mean we have not done our job. Once the site has been tested and is ready to go live, either with your content or placeholder images and dummy text, we will issue the final invoice. Once the final invoice is paid we will hand over the keys and show you how to put your own content in once it’s ready.

PSD to WordPress

  • 50% deposit up front
  • 50% once development has been completed and before the site goes live. NB: If the client hasn’t populated the final content at this stage, it does not mean we haven’t done our job. Once the website is populated and ready to go live we’ll launch it.

But where’s all the horrible small print?

Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of the courts of Queensland, Australia.