These are the Terms and Conditions for Website Design and Development to in the foregoing contract between TotaleSolutions and all Clients. The following terms and conditions apply to all Website, Software, Graphic and Application design created by TotaleSolutions.
Fees, Approvals and Payments
Fees Payable for Website Design and Development
A 50% deposit of the total fee payable under the contract is due immediately upon the signing of the contract. The remainder shall become due when the work is completed to the reasonable satisfaction of the Client but subject to the terms of the Approval of Work and Rejected Work clauses. TotaleSolutions reserves the right not to begin the Work until the said deposit has been paid in full. The deposit is not refundable if the development work has been started and the client terminates the contract by no fault of TotaleSolutions.
Supply of Materials
The Client is to supply all materials and information required for TotaleSolutions to complete the Work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the Client’s failure to supply such materials leads to a delay in completion of the work, TotaleSolutions has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount. Where the Client’s failure to supply materials prevents progress on the Work for more than 21 days, TotaleSolutions has the right to invoice the Client for any part or parts of the work already completed.
Design & Development Variances
During the Website Design phase the client is offered the opportunity to receive revisions to the design. TotaleSolutions may charge for additional designs if the client makes a change to the original design specification. The Website Development phase will be flexible and allow certain variances to the original specification. However, any ‘major’ deviation from the specification above will be charged at the rate of $88 per hour (inc GST). Any changes deemed to be ‘major’ will be identified and quoted before development proceeds.
Project Delays & Client Liability
The proposed time frames are contingent upon full co-operation of the client, and complete & final content and photography for the web pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from the client side, and be made available on a daily basis in order to expedite the feedback process. Furthermore, incomplete content, or content requiring alteration during the development phase can add delay to the project. TotaleSolutions cannot be held to the agreed delivery date if the above conditions are not met. If the website development is delayed for more than 2 weeks by the client, or is halted indefinitely, TotaleSolutions can request full and final payment for the services specified in this proposal. If this occurs, additional costs may be imposed if the project is resumed at a later date.
Approval of Work
On completion of the Work, the Client will be notified and have the opportunity to review it. The Client should notify TotaleSolutions of any unsatisfactory points within 14 days of receipt of such notification. Any of the Work which has not been reported to TotaleSolutions as unsatisfactory within the 14 day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and remaining payment will become due.
If the Client rejects the Work within the 14 day review period, or will not approve subsequent Work performed by TotaleSolutions to remedy any points reported by the Client as unsatisfactory, and TotaleSolutions considers that the Client is unreasonable in his repeated rejection of the Work, the contract will be deemed to have expired and TotaleSolutions can take any legal measures to recover both payment for the completed Work and reasonable expenses incurred in recovering payment.
Payment for web design and development work
Upon completion of 14 day review period, TotaleSolutions will invoice the Client for the balance of payment. Upon receipt of payment, the website will be released live.
Hosting Services Payment and Renewals
Hosting fees are charged annually one period in advance. Hosting fees are non refundable if you choose to exit the hosting service before the 12 month period is complete (i.e., no partial annual fee shall be refunded). We reserve the right to suspend the hosting service if payment is not received by the due date. Suspension of your hosting account will result in the loss of your website and any associated email addresses. Re-activation of a suspended hosting service will attract a one-off re-activation fee of $150 plus GST. Complete cancellation of your account may occur if the payment is more than 30 days past due. The customer will be notified of intent to cancel service and given an opportunity to respond within 7 days. Cancellation of hosting is not reversible and all website files will be lost.
Cancellation and Exit from Hosting Services
There are no exit fees if a customer chooses to use a different supplier, subject to the conditions below:
- Cancellation of website hosting services are available at the discretion of TotaleSolutions if the invoice due date has not expired and the customer has informed TotaleSolutions prior to the invoice due date of their intention to exit.
- Where a customer informs TotaleSolutions they wish to exit TotaleSolutions services, any outstanding website hosting invoices where the invoice due date has already expired, must be paid in full before TotaleSolutions will complete the transfer of their site, email and domain names to a new supplier.
Domain Name Registration
Domain names are registered for 2 years in advance. These fees are non refundable.
Website and Software Design
Website, Software and Applications designed and created by TotaleSolutions for Clients remain the property of TotaleSolutions. Such creative work or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorisation from TotaleSolutions. This includes, but is not limited to technical features, functionality of the applications, graphic design, user interface, and pricing information.
Warranty by Client as to Ownership of Intellectual Property Rights
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to TotaleSolutions and/or includes in the Client‘s website or web applications. The conclusion of a contract between TotaleSolutions and the Client shall be regarded as a guarantee by the Client to TotaleSolutions that all such permissions and authorities have been obtained and that the inclusion of such material on the Website or in the software would not constitute a criminal offence. By agreeing to these terms and conditions, the Client removes the legal responsibility of TotaleSolutions and indemnifies the same from any claims or legal actions however related to the content of the Client’s website or software.
Once TotaleSolutions has received full payment of all outstanding invoices and the work has been approved by the Client in accordance with the Approval of Work clause, the Client will be granted a licence to use the website and its related software and contents for the life of the website. TotaleSolutions assumes all content supplied by the client is free of copyright, and TotaleSolutions takes no responsibility whatsoever for using copyrighted material on the site. The Licence of use can be transferred to another party if that party has bought or acquired the business from the Client. Written notification must be made to TotaleSolutions if the Licence is to be transferred.
These Terms and Conditions are subject to change without notice.