Terms and Conditions

Part I. General Terms

1. Graphics & artwork produced for the client remain the property of the client, and the client is granted full copyright. This copyright does not extend to any minor graphics (such as buttons & icons) that are available and provided for free over the internet.

2. Spellbound Websites will retain a copy of all the graphics, artwork, web pages & code produced for the customer, for the purpose of any future alteration or updates. As well, the copies provide a backup of the site should anything be lost by the customer.

3. Initial consultations are not charged. Where more than an hour of consultation time is required prior to a deposit being paid, it is charged at $90 per hour. Where more than 4 hours consultation accumulates after website development has begun, additional hours will also be charged at the same rate.

Part II. Quotes & Specifications

4. For the purpose of quoting a price for a website, a web page is considered to be a simple layout of text and graphics, with navigational links to the other pages of the website. If a page is required to be more complicated than this, with animations or lots of custom designed graphics or panels of links, then it will attract further charges, as these require far more time to produce.

5. A quote is valid for 3 weeks. The internet is still developing rapidly, and the prices of the services and components we use change. If no deposit has been received within 3 weeks of a quote being supplied, we reserve the right to re-quote a job.

6. Website specifications describe the end product that will be produced. A specification is supplied with the quote and anything not described in these is not covered by the quote. If you feel that an aspect of the job should be described in more detail before the work starts, the specifications can always be revised to make sure you get exactly what you need & want.

All care will be taken in evaluating & specifying all the requirements of a project. Where a development is quite large, consisting of a quantity of requirements that require evaluation and documentation, it may come up during the development that an item required further evaluation. We reserve the right to provide new recommendations, or if needed a new quote for the item in these cases. The internet is developing at such a rate, that options and technologies are frequently changing, which results in a lot of ongoing evaluation by developers.

Part III. Design & Development

7. Websites are built in 2 phases. First the artistic composition of the website is created and sent to you as a graphic file. This can then be revised and modified until it's exactly as required. Designs are charged at a base rate that includes 6 hours of design. If a design, or the revision of a design exceeds 6 hours of the designer's time, the additional time will be charged at $70 per hour.

After the design is decided on, the website is built from it. Changes to the main graphic design at this point will be charged at $90 per hour.

With larger, content managed websites, the content is added as a third development stage.

8. An expected completion date will be given when work commences on the website. If the website is not complete by this date due to the client not yet having provided the content (graphics & copy) that they want on the website, a 10% increase will apply to the quoted price.

Sometimes a project will grow in size, due to a change in requirements, or factors ( such as hosting environment ) that could not be foreseen when the initial analysis was done. In these cases there may be considerably more work, requiring more time to complete.

9. All copy & text for the website, along with any later changes should be forwarded in writing (email is usually fine), to ensure there is a running record of updates to the website, and that no misunderstandings occur.

10. Editing fees are charged if corrections to the submitted text are required (spelling, grammar). Currently at $70 per hour. No fees are charged if you do the editing yourself, and then resend the text.

11. Where a 3rd party component is used as the framework for, or incorporated into a website, the functions of that component are what will be available in the final product. Test the demonstration product to make sure it will suit you before development begins.

12. Where a website or application is being developed for a company or group, a single person should be nominated to communicate instructions regarding the website. This prevents conflicting instructions from being received.

Part IV. Support, Maintenance & Updates

13. We are always available to help you after a website has been completed, and if we miss a phone call, will email or call you back as soon as possible. We take weekends and public holidays off, but will try to help during these times wherever we can.

14. Maintenance is considered to be a handling of anything that would prevent the web site from functioning as it originally did when it was completed and placed on the world-wide-web for the customer.

Minor updates and alterations can occupy a considerable amount of time. They include things such as updating and creating new email addresses, changing text or the prices of a product or service and replacing other content such as images and PDFs.

A support and maintenance package can be requested for a website (not including the re-layout or redesign of pages). A six month package is available for $400 and includes :

• A monthly back-up of the website (for database-driven sites).
• Support for your emails - this may be updating your Email address or creating new ones.
• Server support. In case your host goes down, we will communicate with them on your behalf to get the site up & running as fast as possible.
• Minor text updates of the prices of a product or service, or minor graphic work if you are having trouble with content management and layout (up to 4 hours work in the 6 month period).

Support and maintenance does not include training sessions. These are quoted separately. Advice is always free.

Part V. Payment

15. For jobs worth $2000 or less, a 40% deposit to be paid at the commencement of work. An invoice for the remainder will be sent after the website has been completed. The website will be made live after the final payment is received.

For jobs worth over $2000, 40% deposit, 30% due after the design is converted into a website, and 30% due when the content is added and the website is completed. The website will be made live after the final payment is received.

16. Late payment of invoices (2 weeks beyond the due date) will attract a late fee equal to 5% of the website's value, for each additional overdue week (though if there is any difficulty in paying and you let us know, we're always willing to be flexible).

17. Quotes don't include GST.

Part VI. Liabililty & Indemnification

18. Spellbound Websites will in no event be liable to you for any damages, claims of costs whatsoever arising from a website or use of the website. This includes without limitation, any consequential, indirect, incidental damages, or any lost profits or savings to the extent permitted by applicable law in Australia.

19. You agree to hold Spellbound Websites and it's principles harmless from any and all liabilities, losses, actions, damages or claims (including product liability, warranty and intellectual property claims, and all reasonable expenses, costs and attorneys fees) arising out of or relating to your use of a website.