Website Development Terms

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) Spellboundweb 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 $107 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.

7) 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

8) 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. Unless otherwise written, a design is considered to be a single initial design, based on an example or on speciications, that is taken through to a complete product. It doesn’t include multiple designs from which one is selected.

9) After the design is decided on, the website is built from it. Changes to the main graphic design at this point will be charged additionally.

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

11) An expected completion date will be given when work commences. For small websites quoted under $4000, development can be assumed to be a few weeks. Websites that can’t be completed in this time due to the client not providing the graphics & copy that they want on the website, will either be invoiced for work done, or have a 15% increase applied to the quoted price to hold the job open.

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

13) 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.

14) Editing fees are charged if corrections to the submitted text are required ( spelling, grammar ). No fees are charged if you do the editing yourself, and then resend the text.

15) 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.

16) As the internet develops, websites more and more are being developed by integrating pre-made components. The advantage is that far more can now be provided at a fraction of the costs of previous years. Components are constructed in individual ways, there may be limitations to what can be provided when customizing them. As each development is unique, some limitations may become apparent during a development.

17) 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

18) 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.

19) 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.

20) Minor updates and alterations can occupy a considerable amount of time. They include things such as managing email addresses, changing text or the prices of a product or service, replacing content such as images and PDFs and liaising with 3rd party component manufacturers.

A support and maintenance package can be requested for a website ( not including the re-layout or redesign of pages ). A package consists of support points which are deducted on completion of a request or task. As well support requests can include:

  • A monthly back-up of the website ( for database-driven sites ).
  • 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.

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

Part V. Payment

22) For jobs worth $4000 or less, a 50% deposit plus the cost of any components to be paid prior to 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.

23) For jobs worth over $4000, 40% deposit plus the cost of any components to be paid prior to work commencing. Then 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.

24) 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 ).

25) Quotes don’t include GST.

Part VI. Liability & Indemnification

26) Spellboundweb 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.

27) You agree to hold Spellboundweb 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 lawyer’s fees ) arising out of or relating to your use of a website.