Project Terms and Conditions

Last updated 11th July 2022

We have been trading in our current company formation since January 2010. We consider ourselves fair and reasonable, the litigious world we live in deems a long terms & conditions for projects which can be found below. 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 ATF The trustee for the Rochow Family Trust (ABN: 56 094 428 613) and you.

The scope of the relationship is limited to the project quoted. There is no ongoing obligation or commitment, Infinity is a separate enterprise and operates on a per contract basis. Even for a large project with many updates, Infinity will be still considered as a separate enterprise, you will not be liable for superannuation or any similar employment law requirements.

Jurisdiction

All our contracts are to be considered under the law of Australia and Queensland, regardless of the physical location of our director, you, or your agents at the time of acceptance.

Summary

• We are being engaged to build a project to the supplied specifications for a fixed price, or in the case of a ranged estimate, to build the project and invoice based on the time and scope changes requested.
• It's understood that we are providing a quote based on doing "a good fast job". It would cost multitudes more for everything to be done custom, always completed on staging first, automated testing to ensure no feature regression, and similar absolute best practices. Like a $1 screw from Bunnings vs a $100 space shuttle screw, it does the job however an entire different ballgame in overhead and quality control. Our work reflects calculated risk in achieving a good outcome with a value for money. To achieve this outcome not every single component is custom and best practice.
• As it's not possible to exactly specify every single detail upfront no matter how much effort is putting into creating a scope, there are assumptions made on based what is "standard" or "common" user interface or practice.
• In IT there are a multitude of platforms, providers and existing code being used which are beyond our control. It is agreed our financial liability is strictly limited to the price of the project being undertaken. We cannot warranty 3rd party code or suppliers, whether recommended or otherwise.
• Due to the changing nature of websites with updates the provided warranty is 30 days. However, "legitimate" issues will be fixed for a number of years at our discretion. We consider ourselves very reasonable, this is aimed at "I didn't touch anything and it broke... even though there are a number of changes which have caused the issue" rather than legitimate bugs that were simply missed by everyone during original development.
• There may be ongoing maintenance required which aren't included as part of the project, including but not limited to updating new versions of WordPress, plugins, themes, PHP and browsers and compatibility updates for the new versions; taking regular backups; ensuring renewal of required services.

Copyright

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 yourself, or that you have a license or permission to use them.

Web copyright is a minefield. The simplest way to break this down is to think of web development as "assemblers", with varying levels of custom code depending on the project. You receive copyright to the "overall combination" rather than individual components.

Getting more specific, most projects will use the open source CMS WordPress, so naturally neither parties in this agreement "own" this. There are likely a combination of public plugins used for various functionality, likewise neither parties can "own" these. There are likely publicly available code snippets used, and code snippets from our internal "library" for generic functionality. Likewise you won't receive the copyright on these, or any existing plugins/themes/libraries used as part of the website.

What you DO receive copyright on after final payment and the project is deemed as complete, is the unique markup and code created as an overall combination of the project. A simple example is a mobile dropdown menu is generic code used on most websites that exist (billions?). We're not going to copy + paste your entire website for another customer and change the logo and some colours, as you own the copyright on that. Clear as mud?! A simple summary is: we build the website to your specification, and won't copy the whole thing and resell it to another client or anything unethical like that. We will use code snippets to achieve similar functionality on multiple sites to save clients money.

Confidential Information

As part of the project it's common we will receive or discuss information that you may deem 'confidential' in nature.

Particularly with the ever increasing risk of hacking, we cannot absolutely guarantee security of information. We take reasonable security measures including but not limited to:

• encouraging encoded sharing of logins
• using an internal project system which is encoded and requires multiple layers of credentials to access
• encouraging use of end to end encrypted chat programs
• annually deleting old emails that should be no longer relevant
• tidying of password managers to remove old details

Customers should remove access provided to Infinity once a project is complete to ensure maximum security.

Advice

As part of projects we will provide comments and advice on 3rd party providers such as website hosts, payment and shipping providers, existing plugin and theme libraries. This is done as a courtesy and it's always the responsibility of you to do your own research and make the final decision. We are not doing comprehensive analysis specific to your situation to create a complete Statement of Advice, and as such all advice given should be treated as general in nature.

There are very few plugins we have inspected every line of code and our recommendations are based on how well the plugin has performed in our past projects, sellers public image, reviews, or in some cases simply the fact it's one of a few plugins that achieve specific functionality, so there isn't much choice available other than that plugin or custom development.

As such it's important to understand any recommendation is what appears good, and not because we have extensively reviewed the code, or know with certainty the provider will make "good" decisions.

Warranty

Warranty is provided on:

• Custom code we have assembled or written for various functionality
• Components not meeting the project specification
• The failure of any product provided within 30 days after the completion of a project, provided no additional third party changes have been made.

To claim under this warranty, contact must be made with us within the stipulated warranty timeframe so that we may attempt to remedy any valid issues under the warranty.

No warranty is provided on things beyond our control:

• Third party providers, whether recommended by us or otherwise
• Third party code, which can include but not limited to themes, plugins, libraries, APIs

The warranty is considered void if:

• There is additional work done to a project completed by Infinity Web Development by a third party without our knowledge or consent - we can no longer vouch for the quality of a product once additional changes have been made
• The project produced by Infinity Web Development is used in a way other than the intended purpose laid out from the start, resulting in any damages or loss to your company

Service Level Agreement

We prioritise changes and fixes based on our opinion of their severity and impact on the website, both financially and security. We endeavour to fix urgent problems within the same business day where possible, however there is no guarantee provided on timeframe.

Buffered timeframes, thorough testing by clients, and ongoing maintenance reduces the amount of priority issues that occur; and we believe prevention is better than a cure. Work that is rushed particularly when done straight on production sites has a higher risk of error. To minimise the errors that occur we recommend suitable development timeframes, using quality providers, and thorough testing during the initial build.

Timeframes / Deadlines

Naturally everyone wants their project completed as soon as possible. We aim to set realistic timeframes based on the amount of work required, knowing we're juggling dozens of projects at once in various states of completion, there can be varying amounts of revisions, delay in receiving client feedback, assets or content, and urgent issues for existing clients which need priority attention. It's common for clients to push to have a project completed quicker than we consider reasonable. We try to accommodate, however due to many factors the project is not guaranteed to be completed within the timeframe mentioned, and reasonable delays in delivery are not grounds for contract cancellation or adjustment, financial penalties, or any kind of lost income or similar liability.

For reference we have never refunded a client for a missed deadline (not because we've never missed any, but because we're always trying), and naturally we are talking about reasonable timeframes. If you have provided everything and are responsive to communication, then a 2 week project that is 3 months late is ridiculous and valid grounds for paying only for the work to date and receiving files or cancellation. Conflict resolution should be followed per steps below.

Changes and Revisions

We know from experience that it can be hard to think of everything upfront to receive a final fixed price.

The quote is 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 change your mind, add extra pages or templates or even add new functionality, that isn't a problem. These additions will be quoted accordingly and additional costs will need to be agreed to before the extra work commences. Depending on the size of the additional work it may affect previously mentioned deadlines.

Liability

We can't guarantee that functionality will always be error-free, as such 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 the website and any other web pages, or any data that may have been accessed by 3rd parties and subsequent results of that, even if you have advised us of the possibilities of such damages.

We provide services of the utmost quality to our customers, but as with anything, what you pay is what you get. The finished product will match the outline provided by the client and will be done to the best of our abilities. Like a $1 screw from Bunnings compared to a $100 aeroplane screw, given we're building websites with an open source CMS, a range of 3rd party plugins, we are "assemblers", not providing a completely audited and warrantied solution. Naturally it would be a mammoth task to audit and verify the millions of lines of code contained in the completed website. It is understood and agreed that we're working in good faith, nearly always using existing solutions as a base to save development time and money, rather than completely custom and audited code.

We develop all websites on our own server with nightly backups. If it's agreed to use an external development server, we will take intermittent backups however we can't be liable for potential loss of files, and such a scenario may incur additional costs to redo work and deadlines extended. We are void of all liability if a service or product provided causes loss of profit or damage to property or person after it has been rendered complete as the client is provided the opportunity throughout the project to provide input and feedback. This input amounts to an "inspection" of goods and voids any liability of breach of terms regarding quality and likeness to the provided description of the product. This condition is agreed upon at the outset of any and all work to be conducted between Infinity Web Development and your company.

Having worked with many clients for more than a decade it needs to be stated that any questions or claims of liability may only apply to the project work in dispute and do not cover all work conducted by Infinity Web Development over the course of the working relationship, which often spans many individual tasks.

Where liability is admitted, Infinity Web Development, if not able to resolve the issue to an agreement standard, agrees to refund the client the amount for the project in dispute and no more, in the form of damages. Any other form of remedy will be denied. The maximum amount of damages available to the client is the amount spent on the quoted project with the issue and does not include the paying of any legal fees if the matter proceeds far enough to end up before a court. Where possible it is preferred that any matters be settled between the parties outside of court through other avenues such as alternative dispute resolution, or a simple discussion between parties.

Maintenance and Ongoing Support

Unless the quote states otherwise we are developing the initial project or website only. Once the site is completed to the original design or specifications 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 to work together again to fix any problems or hacked websites, it is considered a separate project to the original and will be quoted separately.

Conflict Resolution

In the unlikely event there is a disagreement about the scope or what is considered an issue, having worked with many clients for more than a decade, open and honest communication is appreciated. If a conflict does arise, it should be brought to our attention immediately so that a conversation about how best to fix the issue may be started as soon as possible. Where possible we would prefer to deal with any conflict resolution ourselves through verbal mediation, rather than involving a court or legal team.

Communication

We handle all project communication via email at [email protected].

At appropriate times when there are a number of topics to cover we can do a scheduled online meeting.

Due to our distributed team we don't answer unscheduled phone calls, text or instant messages (Slack, Signal etc). Regardless of platform, all notifications appear on the computer and phone at the same time. The difference is email is received by multiple staff members, so it's actually got the best coverage and fastest response times.

We understand there are "old school" people who prefer face to face meetings and phone calls for the majority of communication and that's cool - we may be able to refer you to a suitable developer. We have established processes and it will only create conflict accepting the quote and then trying to change things to suit your preferences, so please don't. Not everyone is perfect for everyone and that's fine!

Assignment of Work

We reserve the right to assign employers or subcontractors to the project to ensure quality and on-time completion.

Payment Schedule

Standard payment terms are 50% deposit and 50% on delivery unless specified otherwise. Projects are considered delivered when the development link is supplied, not when the client adds final content or supplies feedback, or in the case of an agency having their clients website developed, when their client pays.

Payment terms are 7 days.

We invoice in AUD or USD only. Australian customers include 10% GST, international clients are GST exempt. Both currency and GST amount are reflected on the quote.

Payment options are bank transfer or credit card via Stripe. Current surcharge Stripe charge is 1.75% Australian cards and 2.9% international cards, which is simply what Stripe charges us.