Terms of Trade
Important things to know
Summary
Last updated: 15/03/2021
We’ll always do our best to fulfil your needs and meet your goals, but sometimes it’s best to have a few simple things written down so that we both know what is what, who should do what, and what happens if things go wrong.
These Terms of Trade (Terms) apply to any web development, web design, web hosting and support services; in addition to any other services of any nature, including without limitation, professional advice, consulting, and training services (collectively the Services) we (Webzone) may provide to you (the Client).
Parties
You, the Client, are hiring Webzone to provide Services for:-
- the agreed Price outlined in your Proposal/Quote/Estimate/Contract/Invoice; or
- an undisclosed Price in accordance with our “Pay What You Want” pricing terms and conditions
The Payment Conditions will be outlined in the Client Proposal/Quote/Estimate/Contract/Invoice.
Should any bespoke development be required beyond the Services outlined in the original Proposal/Quote/Estimate/Contract/Invoice, then this will be invoiced separately at Webzone’s standard hourly rate.
What do both parties agree to?
You, the Client, agree to provide us with everything that we need to start and complete the project including web page text, images and other information, collectively the Content, in the format that we request. When you accept the Contract, we’ll give you advice on how to put your Content together. Content must be provided up-front, rather than drip-fed to us over time. If your job entails the re-design of an existing website, we’ll need you to supply us with login details to access your existing site. If this applies, we’ll discuss this with you when appropriate.
You, the Client, agree to review our work, provide feedback and sign-off approval in a timely manner, too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the Payment Conditions set out on the Contract/Invoice. If you have a deadline for which you want your website launched, this needs to be approved by us prior to development commencing.
We, Webzone, have the experience and ability to perform the services the Client requires from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if the Client has been late in supplying Content or has not approved or signed-off drafts on-time at any stage. On top of this, Webzone will also maintain the confidentiality of all information that the Client provides to us.
Design & development
A website will be developed using either:-
- a “vanilla” theme which we’ll customise to suit the Client’s brand/business; or
- bespoke (custom) development
When the Content has been provided to us in full by the Client, we’ll do an initial draft of the website including some or all of the Content the Client has provided, and we’ll make this available to the Client to preview online. From this initial draft, the Client can suggest revisions to the following:-
- the Layout
- the Design
The Content can only be revised if it has been rewritten in some way by Webzone.
Webzone reserves the right to impose a limit on the number of iterations or revisions the Client can request, before the Client must approve the draft.
At Webzone, we want the Client to be 100% satisfied with the website, before it goes live. If the Client is not happy with the website before or after the final draft has been signed-off, the Client may either:-
- cancel the Contract and complete payment for any work done to that point at Webzone’s standard hourly rate, forfeiting all other deals or offers; or
- continue to commission Webzone to make further revisions at Webzone’s standard hourly rate
Page content & copy
The Client will need to provide Webzone with the text/copy required for the website. We are not responsible for copywriting (i.e. creating any original text) unless otherwise agreed upon, or if we feel it’s in the best interest of the project. In many cases, it may be necessary for us to create new paragraphs of copy or alter some of the wording you have provided to us in order to help your website perform better from a search engine optimisation (SEO) point-of-view, or to enhance your marketing message, or we may simply make amendments for grammatical reasons. If you require further original content to be written on your behalf, we can provide a copy writing service, and this service will be invoiced separately.
Images
Where needed, you will supply us with images in digital format. These should be provided
in the highest resolution possible. We’ll cover image requirements when the project commences.
Drafts & revisions
During development, we will provide the Client with an initial draft of the website. The Client must either approve the draft or recommend changes within 14 days of the initial draft.
Subsequent revisions, if any, are to be approved or discussed further within 7 days of each revision. These deadlines allow us to keep the project moving forward which is in the best interest of both parties.
If the Client fails to provide feedback to the initial draft within the imposed 14 day time limit, Webzone reserves the right to request payment for all work carried out to date. This will be charged out at Webzone’s standard hourly rate.
Help & support
Free help and support is provided at Webzone’s sole discretion. Webzone will provide the Client with some basic information pertaining to how to manage the website.
Comprehensive “how to” documentation for the website is available upon request and
will incur an additional fee at our standard hourly rate.
Web hosting & domain names
If the Client has established their own web hosting and/or domain name, we’ll need to get some information from you to access the web hosting account and/or configure the domain name to point to Webzone’s hosting servers. We’ll advise you on this at the commencement of the project.
Any web hosting fees are billed separately, unless otherwise stated.
Webzone will not be held liable for any losses or downtime relating to third-party web hosts or domain name service providers.
Copyrights & ownership
The Client guarantees to Webzone that any elements of text, graphics, photos, designs, trademarks, or other content provided to us for inclusion in the website is either owned by the Client, or that the Client has permission to use it.
When we receive your final payment, and upon completion of the project, copyright is automatically assigned as follows:-
- The Client will retain ownership of any files/content you supplied to Webzone prior to the work commencing
- The Client will also take ownership of any original source code (HTML, XHTML, PHP, CSS, JS, etc.) or graphics created by Webzone for your website, unless not permitted to do so due to licensing restrictions
- Webzone, and/or third-party theme/plugin developers, will retain ownership of proprietary source code, if any
We love to show off our work and share it with others, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites and other media.
Liability
Webzone guarantees that the Client’s website will be fully tested and operational at the time of launch. However, Webzone cannot guarantee that the website will remain error-free into the future due to its highly customisable nature.
Therefore, Webzone cannot be liable to the Client or any third-party for damages, including lost profits, sales, revenue, clients, or other incidental, consequential or special damages arising out of the
operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Payment
Our standard hourly rate for all services, excluding web hosting, is $79 per hour, billed to the nearest quarter hour. Web hosting is billed at a fixed price per annum and varies for each Client depending on requirements. Web hosting fees are non-refundable, even if a hosting term is cut short or a project is cancelled.
Late payments by more than 7 days from the due date stated on the invoice are subject to a 10% penalty fee.