Terms and ConditionsLast revised: March 28th 2007 i. Revisions Lilia Pty Ltd T/A Anna Clements (herein referred to as ‘Anna Clements’) reserve the right to make alterations to these terms and conditions as required without notice. The most recent revision date will be posted at the beginning of this document. ii. Acceptance of Terms When becoming a client of Anna Clements, or enquiring about Anna Clements services, the client agrees to adhere to these terms and conditions. 1. Quoting Anna Clements Quotes will be sent out in PDF format when requested. These Quotes are private and confidential and must not be shared with any parties not directly or indirectly involved in the project. Quotes are valid for 30 days. After this time, a new Quote must be provided, even where prices or terms have not changed. If any part of the Quote is not accurate, it is the client’s responsibility to request that the changes be made and the cost be revised if required. Anna Clements reserves the right to refuse to Quote on any project for any reason, and does not have any obligation to provide Quotes for all enquiries. 2. Getting Started If the client agrees to the Quote as outlined, documents for work commencement will be forwarded to the client. Upon receipt of these documents, the client is to pay the deposit in full as outlined in the Quote before work begins on their project. Deposits are in the amount of 25% of the total value of the project. If the deposit is not paid within 7 days of acceptance of the project, the commencement will be cancelled. There are no associated fees with this cancellation, but Anna Clements reserves the right to refuse service to clients who have previously cancelled projects. Where the project will commence more than 7 days in the future, a placement fee can be paid to secure the ‘booking’ of the project. 3. Non-Refundable Payments All deposits and placement fees are non-refundable under any circumstances. 4. Project Outlines / Briefs After the deposit has been finalised, the client will receive a series of briefing documents. These relate to various aspects of the project as described in the original Quote, including:
These documents will include dates for finalisation, so to ensure the timely completion of each stage of your project, please take these into consideration. 5. Alterations Alterations or additions to the scope of the project must be requested in writing (email, fax or snail mail). The client will then receive an email from Anna Clements outlining any additional time or cost requirements to include these alterations. These new conditions must be accepted in writing within 7 business days. Outside of this time frame, the conditions are subject to further change. These changes will again be submitted in writing and must be accepted similarly. Anna Clements reserves the right to refuse changes to the original scope of the project without notice or reason. 6. Inclusions Inclusions will be outlined in the client’s initial Quote. For example, the Quote may include importing a specific number of products or doing a particular number of revisions. Changes to these inclusions will incur additional cost and time requirements. 7. Feedback / Revisions It is imperative that the client realises their role within the design process. Where required, the client must give their feedback in a timely manner to ensure the full potential to meet timeframes. Where feedback is not provided within 3 days of concepts or revisions being provided to the client, the client must recognise that this may cause delays in the project. Where further clarification of feedback is required by Anna Clements, the client agrees to elaborate as much as necessary for continuation of the project. Anna Clements reserves the right to ‘cap’ the revisions where they are deemed to be finished. More than 8 revisions of any concept will incur additional cost and time. A ‘revision’ is deemed to be any change made to existing concept work that is completed by Anna Clements and sent to the client. 8. Delivery Anna Clements makes every endeavour to complete projects within the timeframe described in the Quote. The client agrees that these timeframes and subsequent timeframes given by Anna Clements or its employees are not binding and can not be guaranteed. Where the project is delayed by more than 15% of the initial timeframe, the client can negotiate a compensatory payment or deduction based on discernable and calculated losses that directly relate to the delay in production. Where alterations and additions have been made to the original scope, timeframes will be changed from the Quote. Timeframes are estimates only. 9. Ownership Anna Clements software (i.e. theBook, PseudoCart, theCMS) remains the property of Anna Clements. The client does not retain any ownership of code, concept or operation of Anna Clements software unless otherwise and explicitly specified. Once payment of the account has been finalised – including all payments associated with payment plans – the client will own copyright of all images and designs excluding any existing licenses or copyright e.g. fonts, stock imagery. 10. Payment Payment must be made in accordance with the terms outlined in the Quote and subsequent invoices. The Deposit is a payment of 25% of the total project cost. This payment must be made before the commencement of the project. Subsequent payments will be required as outlined in the Quote and as agreed to by the client, whether as part of a payment plan, or a predetermined cost structure. In the case of web development, payment must be finalised at the time of the website launch except where a payment contract has been put into place. For all other work, payment is required before finalisation – e.g. final logo files, print work, etc. Where a payment plan is in place, an invoice will be issued for each payment. 11. Payment Defaults All invoices must be paid within 14 days of issue. Where payment has not been made within 30 days, a 5% surcharge will apply. If accounts remain unpaid after 60 days, the account will be deferred to Anna Clements’ legal representatives and legal fees will apply in addition. Anna Clements reserves the right to suspend services including but not limited to live websites, email, web statistics, administration panel access where accounts remain unpaid after 30 days. Suspension of services does not negate the requirement to make payment in full. Suspension will remain in place until payment has been finalised. Where accounts continue to remain in default beyond 90 days, interest will apply at market rates, calculated daily. 12. Payment Plans There are a number of conditions associated with payment plans that must be adhered to to ensure success:
13. Cancellation Once deposit has been paid to Anna Clements, a binding contract is established. Cancellation of this contract must be agreed to by Anna Clements in writing. Fees will apply for work that has already been completed at a rate of $100 per hour + GST. Work completed during this time will remain the property of Anna Clements until payment has been finalised. Anna Clements reserves the right to refuse to complete additional work or become involved in a business relationship with a client who has previously cancelled a contract with Anna Clements. Clients who do not contact Anna Clements for more than 30 days will be deemed to have ‘cancelled’ their account and will become immediately liable for all work that has been completed. Where the reason for non-communication is deemed by Anna Clements to be ‘legitimate’, the cancellation may be reversed and work on the project will continue. 14. Additional Work Additional work completed by Anna Clements will be charged at a rate of $100 per hour + GST. This includes design work, coding and development work, photography, copywriting and research. 15. Meetings Anna Clements staff love to meet with their clients. Up to 5 hours of meeting time is included in all projects. This does not include phone time or travel time/costs. Initial meetings prior to commencement of project are not part of these 5 hours. After this time, meetings will incur an hourly cost of $100 + GST, not including travel time. 16. Training and Manuals Anna Clements provides training in many areas of web design and development. Limited training is included in the scope of most projects unless otherwise specified, but further training will incur additional cost, and more information about training courses can be found on our website. All e-commerce clients will receive a manual outlining the use of their software. These clients will also receive updated manuals via email where changes have been made to features or functionality. Anna Clements is not obligated to assist clients in all aspects of altering their website at no charge. Where training is required and is considered to require more than 10 minutes of time, an hourly rate of $70 + GST will apply. Anna Clements clients will have access to many FAQs, web links and other information that will assist in understanding and learning about various aspects of websites and design. 17. Client Responsibilities The client must proof read all text before ‘go live’ of any project. Anna Clements can not be responsible for errors in spelling or grammar that exist in printed work. Anna Clements will make changes to spelling or grammar on websites within 7 days of the website going live. Where print work is being completed, the client must ensure that they seek complete and accurate printing specifications from their printer. Where these are incorrect, Anna Clements will not be responsible for any errors in printing. Anna Clements will not pay printing costs where errors appear. 18. Guarantee We guarantee the functionality and usability of our websites for a period of 3 months, during which time we will make technical alterations free of charge, where they comply with our stipulations. Where the website uses Anna Clements proprietary software to perform tasks or power engines, we guarantee the functionality of this software, providing compliance with our stipulations. This includes 'bugs', unexpected behaviour that interrupts service and security issues. Where the website is hosted on Anna Clements services, this also includes the upgrade of behind the scenes software (MySQL, PHP, etc.) where required or available. These stipulations are:
This guarantee does not include any additions to the website's functionality or changes to the design. Anna Clements guarantees the design of its websites for 60 days after launch. This guarantee does not include changes to design or functionality. This guarantee does include any errors in functionality, broken links and missing images. After 60 days, employing Anna Clements to make changes to any design elements, additional functionality, new images, addition of new text will be completed as an additional project, and a new quote will be provided. Anna Clements can not guarantee websites hosted on third party servers under any circumstances. Our lack of control over configuration and maintenance of, and access to third party servers makes it impossible for us to accurately predict the way in which our software will function when installed on a server that is not owned by Anna Clements. We can attempt to install a functioning website on a third party server for an additional fee, but if issues arise that relate to server configuration or access, we can not be held liable for faults that occur within the website. Anna Clements can not guarantee that colours within design will be the same on both screen and in print. 19. Changes to support - Ecommerce Templates As of February 1st 2007, we will no longer be supporting Ecommerce Templates software. This includes any errors, as well as hacks/modifications to the software. This date has been chosen to accommodate guarantee periods for the final sites released using this software. We are happy to recommend developers who specialise in using this software where required. 20. Web Hosting Anna Clements offers and provides web hosting to all clients. We endeavour to offer our clients the best possible server uptime, however we can make no guarantee of 100% uptime. Where server downtime is experienced, Anna Clements is not responsible or liable for any costs or damages incurred beyond the actual cost of hosting as a percentage of the time period. Anna Clements will not make guestimates of, compensate for or enter into discussions regarding missed custom, business reputation or loss of visits as a result of server downtime. 21. Disclaimer Anna Clements makes every endeavour to do the best possible service to its clients. Where loss is incurred by the client as a result of tardiness, error or omission by Anna Clements, the client may not claim damages that exceed the prior amounts paid by them to Anna Clements.
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