The information contained within this page explains the terms and conditions of which we supply the services listed on our website.
These are the terms and conditions between our clients, (existing, or potential) and AOG Design, ABN 18 512 309 230
General terms and conditions
Estimates and Quotations are valid for a period of 30 days.
All orders and work undertaken with AOG Design shall only be accepted subject to these terms and conditions.
AOG Design may at any time and from time to time alter these terms and conditions. Such altered terms and conditions shall apply after notification by AOG Design to the client.
If client cancels or alters any order or part order at any time after AOG Design has received the order then we reserve the right to render additional costs to the date of such cancellation or alteration.
Terms of payment
All payments are to be made within 30 days of the date of invoice. Payment can be made by either direct electronic deposit, cheque or money order. AOG Design is also entitled to claim from the client all costs relating to any action taken by us to recover monies due from the client including any legal costs and disbursements on a solicitor-client basis and cease any further delivery of products or services to the client that have not yet been delivered.
Warranty by you as to the ownership of Intellectual Property rights
All ideas, designs, concepts, artwork, compositions, symbols, logos prepared or developed by AOG Design shall be the absolute intellectual property of AOG Design. The client shall not use such material in any media until payment is made in full by the client to AOG Design. The copyright for all purposes in any ideas, designs, artwork, compositions, symbols, logos prepared or developed by AOG Design vests with AOG Design. AOG Design shall retain copyright ownership of all proposed and rejected draft concepts, artwork, compositions, symbols and logos created or prepared for the client, but for any reason whatsoever not so utilised by the client and the client acknowledges AOG Design title in the draft artwork.
AOG Design may use any artwork/design for promotion and portfolio use and add an industry standard ‘designed by’ link to the client’s website at AOG Design discretion. AOG Design acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched or promotion commences.
All necessary permissions must be obtained by you in respect of the use of all copy, images, company logos, names and trade marks, or any other material that you supply to us to include in your project or application. You must indemnify us and hold us harmless from any claims or legal actions related to the content the project.
Project duration and client response times
The client agrees to provide timely responses to AOG Design after receiving status notifications, work for review or requests for information. The client shall have 30 days to respond to each draft/request for information submitted, unless specified otherwise in estimate. If the client has failed to respond after 30 days, AOG Design will deem the project complete. At such time, AOG Design shall have no further obligation to the client, and the client shall pay AOG Design all fees and expenses associated with the work performed.
Approval of artwork
Approval of artwork will need to be supplied and recorded in writing via email (electronic communication). The client has ultimate responsibility to proof-read the proposed complete final document(s) throughly before approval. AOG Design will not be liable for any error found within a printed document after client approval has been submitted and recorded from the client.
Storage of artwork and supplied files
All artwork files created by AOG Design are to be supplied to client upon request upon full payment of project. Artwork may be supplied in various industry standard formats in which specific software would need to used to edit the artwork. Artwork will be stored by AOG Design for two annual years from approval date (730 days). After 730 days, AOG Design will not liable in any way for any loss of artwork, or any financial loss of supplied files within the project.
Online application/website terms and conditions
The following are standard terms and conditions for all online services. These apply to all contracts and work undertaken by AOG Design for its clients.
Each individual engagement, project or consultation will have its own individual scope, delivery times, requirements and procedures which will be outlined within each proposal which includes a scope of works. The proposal of each project will clearing outline a scope of works for each engagement and development outline of a new online project. All design proposals must be formally approved by the client via email before the project or work commences. AOG Design will also outline to the client what content is required from the client to complete a project.
Design changes after approval stage (Post development) are not included within the approved scope of works, may incur additional fees that will be estimated on a case by case basis.
Fees and deposits
All projects are invoiced at 30 day payment terms. Online Development projects require a 50% deposit of the total estimate provided. A project will commence upon the remittance of monies, and proposed timeline will begin from that date of remittance. The remaining 50% shall become due when the work is completed (go-live date) to your reasonable satisfaction but subject to the terms of these terms and conditions.
AOG Design reserve the right not to commence any work until the deposit has been paid in full.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the scope of works outlined within the proposal. A deposit is not refundable if the Project has commenced and you terminate the contract through no fault of ours. We do not offer refunds for work unless we have not fulfilled our obligations under the agreed Scope of Work outlined within the proposal.
Supply of materials
All materials must be supplied to us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, logos, photographs, videos and written copy. A delay in supplying materials may lead to a delay in the completion of work. We have the right to extend and adjust any previously agreed timelines or deadlines by a reasonable amount. In an event of failure to supply materials that prevents the progress of the project, we have the right to invoice you for any part(s) of the project already completed.
Variations of design is allowed and we offer you the opportunity to make revisions to a fair and reasonable extent that is reflected with the time allocated within this stage. However, we have the right to limit the number of design revisions to a reasonable amount and may charge for additional design variations, if, and when, changes have been made to the original design specification within the agreed estimate. Our website design and development phases are flexible and allows certain variations to the original design of development specifications. However any major deviation(s) from the specification will be charged at the rate of $120.00+GST per hour.
Project delays and client liabilities
Any time frames or estimates that we provide are conjoint upon the full co-operation of you the client, to complete and final content within the project. During development there is an amount of feedback milestones required in order to progress to subsequent phases. It is required that a single point of contact be appointed from you, the client and be made available on a frequent basis in order to meet certain milestones within the project. If you do not respond to a request for content or work approval within 7 days and after our three written electronic of otherwise attempt to receive content or feedback or work approval we may and reserve the rights to revise the delivery times, cancel the works and invoice you for work completed.
Delivery timeframes need to be determined on a case by case basis for each client and project and will be developed according to the project requirements and defined deliverables within the project. This will be confirmed in writing before a project commences. Typical timings are determined by workload of both parties and created on a case by case basis. Certain reasonable variations are allowed by both parties, but must be agreed to by both parties.
Approval of works
On completion of works you will be notified and have the opportunity to review and approve. Notification in writing is required to us of any unsatisfactory points within 7 business days. Any work which has not been recorded in writing to us as unsatisfactory within the 7 day review period will be deemed to have been approved. Once approved by you in writing has been received to us, work cannot subsequently be rejected and the contract will be deemed to have been completed.
If you reject any of our work within the 7 business day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat the contract as at an end and take measures to recover payment for the completed work.
Once payment has been received in full for our work completed, we grant to you a license to use the website and its related software and contents for the life of the website.
Search engines and SEO (Search Engine Optimisation)
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practices.
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
AOG Design reserve the right to subcontract any services that have been agreed to perform for you.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
You agree to reimburse us for any requested expenses which do not form part of our proposal. This may include but not limited to, the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses. We will notify you in writing if, and when these out of scope requirements occur, with costs in detail for approval.
Backup of data, updates and reinstatement of a website or online application
You, the client are responsible for maintenance of your website or online application, unless a formal agreement has been made by us in writing and agreement approved by you. Backups in respect to your website, as well as core, plugin and extension updates are recommended to be performed on a frequent basis by you. We will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us. A backup service is offered by us for all websites or online applications hosted by AOG Design.
A reinstatement of a website due to a compromised site is available for a fee, known as a “Reinstatement Fee”. The “Reinstatement Fee” is charged to the website owner at a minimum cost of of $180+GST. The completed works within a “Reinstatement Fee” includes restoring a backup of a recent backup. The backup date for reinstatement may vary, and site will be reinstated from a backup date we deem as “uncorrupt”, if we deem as site has been compromised. This fee may vary due to requirements and the owner of the website will be notified in writing of estimation of costs. The owner must approve the estimation of costs before reinstatement begins. Plugin and extension subscriptions may be required to perform the complete update of the owners website. These subscription and update prices will be outlined within the estimate after the reinstatement is performed by us.
Ownership of domain names and web hosting
We will supply to your account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of the Commonwealth of Australia. You and AOG Design submit to the non-exclusive jurisdiction of the courts in and of the Commonwealth of Australia in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
Cross browser compatibility
By using current versions of well supported content management systems such as “joomla” or “wordpress”, or otherwise, we endeavour to ensure that the sites we create are compatible with all currently used modern industry web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify AOG Design and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from you or your clients’ use of Internet electronic commerce.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, 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 we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of AOG Design 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.