Terms & Agreement

Part I. Quotes, Specifications & Consultations

  1. Specifications are supplied with a quote. Anything not described in these is not covered by the quote. If you feel an aspect of the project needs more detail, then ask us to add more detail. Generally the following are outside project scope : Entry of more than 3 products for ecommerce stores; Keyword research and writing of title tags and meta descriptions; Proofreading & editing the provided copy.
  2. All care will be taken in evaluating & specifying the requirements of a project. Where a project is quite large, consisting of a quantity of requirements that require evaluation and documentation, it may come up during 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 fast and options and technologies frequently change, which results in a lot of ongoing evaluation by developers.
  3. Initial consultations of about an hour aren’t charged.

Part II. Design & Development

  1. Websites are mostly built in 3 phases. First a graphic mock-up of the website is sent to you, which can be revised. This is a single design based on examples or on specifications, that’s then updated to illustrate the end product. Multiple designs from which one is selected are not provided, but we provide up to 5 rounds of design changes. A round of changes should be sent to us as a list in a single email.
  2. We are sure you want your website completed as quickly as possible, but also know that you’re probably very busy. To keep things moving along, a graphic design submitted to you for approval is considered as approved after 14 days, even if we don’t hear back from you. After the design is approved, the 2nd phase is to build the website from it. Changes to the main graphic design at this point will be charged additionally.
  3. Content ( individual page copy and images ) added to the website is a 3rd development stage. Copy along with any later change requests should be sent by email to ensure there’s a running record of updates and limited misunderstandings. If a project is on hold longer than three months while waiting for content to be provided, then a restart fee equivalent to 10% of the project value will be charged.
  4. Sometimes a project will grow in size, due to a change in requirements, or factors such as hosting, that couldn’t be foreseen at the start.  In these cases there may be more work, requiring more time to complete.
  5. 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. The client should look at any demonstration product or the 3rd party specifications to make sure it will suit before development begins. Websites are often developed by integrating pre-made components. Components are constructed in individual ways and there may be limitations to customizing them which only become apparent during development. We will let you know at that point.
  6. Graphics produced for the client are the property of the client, and the client is granted copyright. This copyright does not extend to images & graphics provided free by services on the internet. Spellboundweb will retain a copy of everything produced for the customer for the purpose of any future alteration or updates, but we don’t keep backups later than the initially completed website.
  7. Where a project is for a company or group, a single person should be nominated to communicate instructions to prevent conflicting instructions being received.

Part III. Payments

  1. For jobs worth $5000 or less, a 50% deposit plus the cost of components is paid prior to commencing work. An invoice for the remainder will be sent after the website has been completed. For jobs worth over $5000, 40% deposit plus the cost of components is paid prior to work commencing, then 30% after the design is converted into a website, and the final 30% when the content is added and the website completed. The website will be made live after the final payment is received. Payment of invoices 2 weeks past the due date attract a fee equal to 2% of the project value, for each overdue week ( though if there’s difficulty paying and you let us know, we’re always willing to be flexible ). If a project is terminated before completion, deposits are not refunded. Work that has been done but not covered by the deposit will be charged in a final invoice.

Part IV. Support, Maintenance & Updates

  1. We are always available to help you after a website has been completed, and if we miss a 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.
  2. The internet is changing and after time, a website may require updates to function as it initially did. Maintenance is considered to be handling anything that would prevent the web site from functioning as it originally did when completed and placed on the world-wide-web. Updates and alterations 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. If a project has been completed, then these are charged separately, or a support and maintenance package can be requested.

Part V.  Liability & Indemnification

  1. Spellboundweb will in no event be liable to you for any damages, or 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 New South Wales, Australia.
  2. 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.
  3. This agreement is governed by the laws of New South Wales, Australia. Any dispute will be handled by a third party arbitrator to render a binding decision. The cost of the binding arbitration would be shared 50/50 between both parties ( binding arbitration is much less expensive and time-consuming than litigation ).
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