Website Design Terms & Conditions
PAYMENT TERMS
Fees quoted are valid for 30 days from the date of issue. Our payment schedule is as follows:
- 30% of the total project cost will be invoiced on commencement of the project
- 40% will be invoiced when the design template is coded and approved by client
- The final 30% will be invoiced when the project is handed over
- Payment terms are strictly 15 days
Updates outside original scope
In the event of any variations or extensions to the project, or should a client wish to engage Friday Media on a time and materials basis, all work will be undertaken in accordance with our hourly rates.
SERVICE TERMS
Intellectual Property
Friday Media reserve the right to re-use technical components developed during the project and will retain intellectual property rights on each development. The client will hold copyright on all work pending payment of final invoice.
Maintenance
Content- Friday Media can provide a content maintenance service if required. This is billed at our standard hourly rate or an agreed monthly/annual content maintenance contract.
Software Maintenance- Friday guarantees that each project will be compatible with current versions of all major software platforms and browsers. Current release refers to software versions current at the time the website goes live, versions released after this date are not included.
Platforms:
- Windows (version 98 up to current full version)
- Macintosh (OS 10.1 up to current full release version)
Browsers:
- Internet Explorer- version 6 up to current full release
- Firefox 2 up to current full release
- Apple Safari- version 3.1 up to current full release
Browser Plug-ins:
- Current version of Flash Player
- Windows Media Player
- QuickTime
Variations and Extensions
In the event of any variations or extensions to this contract, all work will be undertaken in accordance with our hourly rates. Friday Media can also be engaged on a time and materials basis.
Goodwill
This proposal assumes goodwill from both sides regarding:
- What can reasonably be achieved in a given time frame
- Making best use of resources to achieve the most effective outcomes
Approval/Sign-off
To authorise commencement of a project Friday Media must receive a signed copy of the approval document enclosed with each quote. This should be faxed to (03) 9417 4439
All quotes are valid for 30 days from date of issue.
To review our terms and conditions visit www.fridaymedia.com.au/index.php/terms
FULL TERMS AND CONDITIONS- FRIDAY MEDIA
By placing an order with Friday Media, you confirm that you are in agreement with and bound by the terms and conditions set out below.
Definitions
Friday Media refers to Friday Media Pty Ltd.
The client refers to the company or individual engaging the services of Friday Media.
General
Friday Media will only commence a project where an agreement has been provided by email, telephone, mail or fax. An 'order' is deemed to be a written or verbal contract between Friday Media and the client. This includes written and verbal agreements via telephone and email.
Project stages
Stage 1- The client must thoroughly review the website design, providing feedback within five business days.
Stage 2- The client must review the website wireframe development (empty website shell or working website without content), providing feedback within five business days.
Stage 3- The client must carefully review the completed website including all content, providing feedback on any changes within three business days.
Final review- The client will review any changes made in stage three and authorise Friday Media to launch the project. Any changes requested after the final review will be considered additional and charged at our standard hourly rate.
System specifications and alterations
Each project will have set parameters as described in the final proposal and/or technical specification. This document also includes an authorisation form which indicates agreement with the specification and authorises Friday Media to begin work. On commencement the development team will proceed in accordance with the exact specifications as set out in this document. If there are any amendments to these parameters after the project has commenced, Friday Media will consider this to be an additional component or customisation of the project and will charge for this work at our standard hourly rates.
Bugs or system errors
When a project has been delivered and approved, the client will have a three month grace period where Friday Media will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.
Website design
While every endeavour will be made to ensure the website and any scripts or programs are free of errors, Friday Media does not accept responsibility for any losses incurred due to website malfunction.
The project and any associated graphics and files remain the property of Friday Media until all accounts are paid in full.
Any scripts, cgi applications, php scripts, programming code or software written by Friday Media remain the property of Friday Media and may only be commercially reproduced or resold with the permission of Friday Media.
Friday Media cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and may refuse use of any such material unless proof of permission is provided.
Any additions to the brief will be carried out at the discretion of Friday Media. Where no charge is made by Friday Media for these additions, Friday Media accepts no responsibility to ensure these additions are error free. Friday Media reserves the right to charge an appropriate sum for any correction to these or further additions.
The client agrees to provide Friday Media all materials required to complete the site (files, content and images) in a timely fashion.
Friday Media will not be liable for costs incurred, compensation or loss of earnings due to the failure by the client or Friday Media to meet agreed deadlines.
Friday Media will not be liable or become involved in any disputes between the site owner and their clients and Friday Media cannot be held responsible for any wrongdoing on the part of a site owner.
Friday Media will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client, or any of the clients appointed agents.
Friday Media will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by its agents.
A deposit of 30% is required with each project before any work will commence. Once a project has been completed the final balance of payment is due in accordance with our payment terms.
If the client decides to terminate the contract after a project has commenced, the client will be liable to pay for all work done up to the point of termination.
Content and data entry
The supply of content and assets is the responsibility of the client, unless the client is employing Friday Media’s copywriting service.
All content for all sections of the website must be supplied at an agreed time and preferably in one delivery.
Content must be thoroughly reviewed before it is supplied to Friday Media. Friday Media is not responsible for any spelling and grammatical errors.
Content must follow the directions of the sitemap. If the sitemap indicates five pages, content must be supplied for five pages.
Project delays
Where a project has final approval Friday Media will indicate timeframes for both parties. If a client delays the project for more than two months, (by missing deadlines for the supply of information, content or images) Friday Media reserves the right to charge a project-delay fee to recover costs associated with ongoing management of the project.
Database, application and e-commerce development
Friday Media cannot take responsibility for any losses incurred by the use of any software created for the client. The client is expected to fully test any application or program relating to a site developed by Friday Media before being made available for general use. Whilst every care has been taken to ensure products are bug free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, cgi applications, php scripts or software written by Friday Media remain the property of Friday Media and may only be commercially reproduced or resold with the permission of Friday Media.
Where applications or sites are developed on servers not recommended by Friday Media, the client is expected to provide information, software and support relating to the server to assist with the correct development of the application. Any assistance or work required from Friday Media for external hosting will incur additional charges.
Where a large application is to be developed, the client is responsibile for providing a testing environment as similar as possible to the final production environment.
When a project has been delivered and approved, the client will have a three month grace period where Friday Media will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.
Compatibility
Friday Media will ensure that any site or application will function correctly:
- On the server to which it is initially installed
- When viewed with current Microsoft Internet Explorer version 6 to current full release
- When viewed with Mozilla version 2 to current full release
Friday Media can offer no guarantee of correct function with all browser software including future releases.
Website hosting
Friday Media cannot guarantee the availability or continuity of this service and cannot accept liability for loss of revenue caused by the unavailability, malfunction or interruption of this service.
Friday Media reserves the right to refuse handling of material which may be deemed offensive, illegal or controversial. In this instance, hosting services may be terminated.
Hosting terms
Hosting is available through Friday Media hosting. Any client requesting hosting on another server will be charged a fee for the time taken to transition the website to the preferred hosting provider.
Training
All end user training is to be undertaken at Friday Media, 61-63 Oxford Street, Collingwood, Melbourne.
Payment of accounts
A deposit by the client is required before Friday Media can commence a project. Any outstanding accounts for work completed by Friday Media or our affiliates requires payment in full no later than 15 days from the date of invoice. On completion of a project the client is obliged to pay the balance in full.
Friday Media will contact clients to remind them of payments due if they are not received. If accounts are not settled and Friday Media have not been contacted regarding the delay, website access may be denied and web sites or projects removed.
Complaints procedure
Any client experiencing problems with a web service provided by Friday Media should contact their assigned Project Manager or email service@fridaymedia.com.au. Clients should supply the URL of the problem and clearly outline the issue in question.
Friday Media will contact the individual responsible for the material in question with a view to resolving the matter satisfactorily.
Formal complaints procedure
The formal complaints procedure is in place should a client feel that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Friday Media who will acknowledge receipt and ensure that the matter is examined within two business days.
An initial response will be issued within seven days of receiving the formal complaint and a full and considered response will be issued within 30 days. Any required action will be implemented with minimal delay. |