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), known as “You” 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, or other methods agreed between both parties. 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.
Refunds
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
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, billed at 15 minute intervals, or rate agreed upon before commencing the agreed Scope of Work.
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
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.
Rejected Work
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.
Licensing
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.
Consequential loss
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.
Subcontracting
AOG Design reserve the right to subcontract any services that have been agreed to perform for you.
Non-disclosure
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
Additional expenses
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.
Governing law
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.
E-commerce
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.
Website Design and Development Terms of Service
This is a variation of the original Contract Killer template by Andy Clarke which can be found here. Between us, AOG Design and You (The Client).
Summary
We will always do our best to fulfil 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 us (AOG Design) to design and develop a website for the estimated total price as outlined in our proposal.
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.
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 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 rate for any necessary additional design work, development and testing.
Text Content
We may have written a hundred blog posts but 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 copy writing 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.
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 at the beginning of this document 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 will 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.
Technical Support
You may already have professional website hosting, you might even manage that hosting in-house; if that’s the case, great. If you don’t manage your own website hosting, or your current hosting environment does not support the solution we are providing, we can set up an account for you at one of our preferred, third-party hosting providers. We will charge you a one-off fee for installing your site on this server, plus any statistics software such as Google Analytics, then the updates to, and management of that server, plus any support issues will be up to you. We do not offer or include technical support for website hosting, email or other services relating to website hosting if it is not agreed upon beforehand and you are not on any Website Care Plan.
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!
Copyrights
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, 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.
Payment schedule
All payments will be made as agreed by AOG Design and You.
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. If the final invoice is not paid within the credit terms we have given you, we are under no obligation to keep the site on our server or continue with the project in anyway.
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 Australia.
Website Care Plans Terms of Service
Authorisation
You are engaging AOG Design, as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorises AOG Design access and “write permissions” to all directories and files of your account with any other third party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.
Copyright
AOG Design does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.
Pricing & Payments
All prices appearing on this site are subject to change without notice. Once a client of AOG Design, you authorise AOG Design to charge the payment method you submitted for all the invoices generated for the services rendered by AOG Design. In order to cancel your recurring payment or change payment method, simply contact AOG Design prior to your payment due date.
Cancellation & Refunds
Cancellation of any monthly recurring service can occur at anytime after your first 1 month (30 days) of service. No Refunds are available after your purchased package or service has been started, unless otherwise specified in any authorised by AOG Design.
Refusal of Service
AOG Design reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.
Third Party or Client Page Modification
With a WordPress based website, client will independently edit or update his or her web pages after completion of the site, unless otherwise agreed upon in this agreement by client and AOG Design. If anyone other than AOG Design or its subcontractors attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of $100 per hour beyond the time allotted in the monthly care plan. There is a one-hour minimum.
Limitation of Liability; Disclaimer of Warranties
Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services. AOG Design does not guarantee, represent, or warrant that the functions contained in these webpages or the Internet website will meet the client’s requirements or that the operation of the webpages will be uninterrupted or error-free. You expressly agree that your use of, or inability to use, the functions contained in these webpages or the Internet website is at your sole risk. The functions of the webpages and the Internet website created for you are provided “as is” and “as available” for your use, without warranties of any kind. The entire risk as to the quality and performance of the webpages and website is with client. To the extent not prohibited by law, in no event will AOG Design be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, however caused, even if AOG Design has been advised of the possibility of such damages. AOG Design does not represent, guarantee or warrant that the functions contained in these webpages or Internet website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and AOG Design disclaims any liability relating thereto. This Work Statement Agreement is governed by the laws of Australia without giving effect to its conflict of laws provision. You expressly agree that exclusive jurisdiction for any claim or dispute with AOG Design or relating in any way to your use of the created webpages or Internet website resides in the courts of the Australia.
Acceptance
Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. AOG Design reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organisation or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties. Please contact us with any questions regarding the AOG Design terms of service by emailing [email protected].
Disclaimer
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.
