Last updated 14th February 2022

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.

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 consider ourselves fair and reasonable, the litigious world we live in deems a long terms & conditions
  • We are being engaged to build a project to the supplied specifications for a fixed price
  • As it's not possible to exactly specify every single detail upfront, 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
  • 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 so clearly it was."
  • There may be ongoing maintenance required which isn't part of the project; including but not limited to updating all components of the website; compatibility with new versions of WordPress, plugins, themes, PHP and browsers; taking regular backups; ensuring renewal of required services (please don't let your domain expire!)

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 individually 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.

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 required multiple layers of credentials, encouraging use of Signal and similar end to end encrypted chat programs, annually deleting old emails that should be no longer relevant.

Advice

As part of projects we will provide 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 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 the sellers public image, reviews, experience, 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.

Warranty

Warranty is provided on:

  • Custom code we have assembled or written for various functionality
  • Components not meeting the project specification

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

There warranty term is @todo

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.

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 amount of revisions, delay in receiving client feedback, assets or content, and urgent issues for existing clients which need priority attention. It is common clients are pushing to have a project completed quicker than we consider reasonable. We try and 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 not refunded a client for a missed deadline, we are of course talking about reasonable timeframes. If you have provided everything and are responsive, than 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.

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 line of code contained in the completed website.

Where possible we use popular, well reviewed plugins.

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.

Maintenance and Ongoing Support

Unless the quote states otherwise we are developing the initial theme/website only. Once the site is 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.

Conflict Resolution

In the unlikely event there is a disagreement about the scope, what is considered an issue.

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.

Please note that 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 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!