Inspired Web Design Port Macquarie Terms and Conditions

By agreeing to proceed with a website design package or project, you accept the following terms and conditions set out by Inspired Web Design.

GENERAL
1. Inspired Web Design builds all websites on the latest install version of WordPress at that time.
2. Websites developed are automatically updated to the latest WordPress version as and when they are available.
3. Inspired Web Design does not control the interaction between your website and its visitors.
4. After ‘sign-off’ on a website design concept, any future amendments from that point onward, will be subject to additional design fees.
5. All future amendments made to any completed websites by Inspired Web Design, must be conducted by Inspired Web Design. There will be no access granted to the administrator/back-end of any completed websites.
6. Other than the number of images provide in any given website package offered by Inspired Web Design, extra images must be provided by the client. For a small fee, images can be purchased from an image source on your behalf at our current rate of $40 per hour plus the cost of the image/s.
7. eCommerce sites are developed with a standard eCommerce configuration and layout. This includes product page, checkout page and basic shipping configuration. Any variations or customisations to these layouts will be at an additional cost to the client.
8. Websites with ‘Mobile Responsive Design’ do not include any customisation to the design or layout visible on a smartphone or tablet.

QUOTATIONS
All quotations are estimates based on the information provided by the client and suppliers. Quotations are subject to change upon sighting of artwork, text or other circumstances that may affect the job. Quotations do not, generally, include couriers, outsourced artwork / premium extensions / photography / illustration / copy writing or other ‘out of pocket’ expenses – these will be additional.

Quotations are only valid for 14 days from date of issue.

PAYMENT TERMS
1. All invoices are strictly valid for 14 days. Payments can be made by instalments. First instalment will be 30% at the beginning of a project (for example, designing a website), then 30% payment to be made when the project is half finished, followed by a final 40% at completion of the project. Websites won’t be completed or uploaded to the internet, until full payment have been received.
2. Failure to make complete payments on any services offered by Inspired Web Design, such as domain name and web hosting renewal, may result in your website and emails being suspended.
3. Additional extras such as layout changes, extra WordPress plug-ins, extra functionality items and other extras, must be paid in full by either PayPal, bank fund transfer or cash, prior to commencement of work.
4. All invoices and receipts are sent via email.
5. Although Inspired Web Design prices for products and services are subject to change, all pricing is guaranteed for the period of prepayment.
6. For all payments made, the full invoice amount is due prior to commencement of your project.
7. Non-payment of any outstanding amounts will be passed onto a debt collection agency for full payment plus expenses.
8. Upfront payments received for a 12-month hosting and domain name renewal are non-refundable.
9. Inspired Web Design does not offer refund for server, service or software interruptions.
10. If your service is cancelled (or transferred), your website will no longer be visible and you will no longer receive emails if they were hosted by Inspired Web Design.

CANCELLATION
1. Customer cancellation of any Inspired Web Design services at any stage must be notified in writing via email. Any outstanding balances remain payable regardless of the stage of design or production of the project.
2. Any jobs that are cancelled at the client’s request will be invoiced for any work or expenses completed up to that point.
3. Non-payment of any outstanding amounts will be passed onto a debt collection agency for full payment plus expenses.
4. Any payments received for a 12-month domain name and hosting service are non-refundable.
5. Inspired Web Design do not offer refund for server, service or software interruptions.
6. If your service is cancelled (or transferred), your website will no longer be active and you will no longer receive emails if they were hosted by Inspired Web Design.

LATE / RUSH FEES
All quotes prepared by Inspired Web Design are based on the work being provided to Inspired Web Design in a timely fashion in order to meet deadlines. Inspired Web Design reserves the right to charge a loading for ‘rush’ deadlines which are imposed by the client. Inspired Web Design will NOT accept responsibility for errors in rush jobs.

Inspired Web Design will endeavour to complete every project on time or sooner, however, Inspired Web Design cannot be held responsible for the delay in the design or development of any website design package or service.

REVISIONS
Unless otherwise quoted or negotiated, projects include two rounds of changes or author’s revisions. Following two revisions per project, an additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges. Inspired Web Design reserves the right to determine which revisions are considered billable.

CLIENT DELAYS
Inspired Web Design has the right to invoice clients for all work completed on any invoices where a client delay of more than 2 weeks takes place. An invoice will be supplied for all work completed up to the time of the delay.

FOOTER NOTICE
Inspired Web Design has the right to add a link to the base of websites developed to point back to www.inspiredwebdesign.com.au

PORTFOLIO
Inspired Web Design has the right to add all work completed to our portfolio. This may include introduction text to describe the client, client logo, testimonials, screenshots of work completed, and links to client websites.

COPYRIGHT
It is agreed that the client will have the exclusive right to retain and reproduce any artwork, manuals, information, material reports and other output which is produced from the performance of the work outlined in this submission.

It is agreed that Inspired Web Design hereby assign to the client, upon written confirmation of this submission, all rights, title and interest in the future copyright of any artwork, manuals, information, material reports and other output which is produced, extended or modified during the performance of the the work outlined. This granting of copyright does NOT extend to the use of design proposals submitted but not approved by the client for the work outlined in this submission.

ACTIVE CARE
1. Unless otherwise agreed, websites will be hosted by Inspired Web Design.
2. Customers wishing to use alternative hosting, need to confirm such hosting is suitable for the website built by Inspired Web Design.
3. Inspired Web Design cannot give a 100% guarantee that there will be any hosting interruptions or downtime from its hosting supplier and shall endeavour to inform of any scheduled updates or maintenance.
4. Instances where Inspired Web Design is designing, developing and hosting a website, and you wish to transfer your site to another host or web designer, at an hourly rate, Inspired Web Design will prepare and deliver a set of files for upload and installation on the alternative host. This website transfer will only happen provided all outstanding balances are paid in full.
5. Inspired Web Design will not be responsible for the installation of the website on alternative hosting.
6. On a ‘fee per service’ basis, Inspired Web Design can continue to support your website if it is not hosted by Inspired Web Design.
7. Unless otherwise advised, the annual renewal payment for the 12-month hosting and domain name must be paid in full. All payments must be received via either PayPal, bank funds transfer or cash. Full payments must be received by the anniversary date otherwise your website will no longer be active.
8. All forms of support are subject to ‘fair use’ time limitations of 8 hours per month. Support time includes any form of communication and also time spent on research, development, installation, customisation, testing and design. Additional support time will be charged at our current rate of $40 per hour.
9. During the period of maintenance contracts, clients must agree that Inspired Web Design will be the sole provider of maintenance services for their website, and no other party will have access to or rights to change the website. If a party other than Inspired Web Design makes changes to the web site, any errors that are created must be repaired and will be charged for at a rate of $40 per hour.
10. Clients may cancel website maintenance agreements at any time, by providing one month’s written notice, provided that payment of invoices are up-to-date. Cancellation will occur at the end of the billing period. No pro-rata refunds will be made available.
11. Inspired Web Design reserves the right to cancel website maintenance agreements at any time, for any reason with one-month notice. Notice can be provided either electronically or in writing sent to the address of record for the client.
12. If, in exceptional circumstance, ‘CPanel’ or ‘FTP’ access is given to a client (client must sign a waiver for this to happen), Inspired Web Design can only provide ‘basic’ (non-technical) CMS support for that website.
13. Inspired Web Design cannot be held responsible in any way for errors, mistakes, loss or deletion of information or similar as a result of ‘CPanel’ or ‘FTP’ access. A request for recovery of any website or its contents by Inspired Web Design will be subject to a formal quote to reinstate the original website install (if possible).
14. Please refer to ‘WEBSITE PLUGINS’ for terms and conditions relating to the support of a website plugins.

WEBSITE PLUGINS
1. Website plugins purchased pre or post sale are installed on your website on a basic level i.e. Inspired Web Design provide a basic set up of information sufficient for the plugin to function on the website.
2. Beyond the basic level of set up, additional fees apply for customisation of that same plugin.
3. After basic installation and any customisation of a plugin, an optional monthly support fee will apply at an agreed rate from Inspired Web Design, payable from the day login access is provided by Inspired Web Design.
4. If a client opts not to pay for support for a plugin, any queries, questions, alterations, updates, amendments or similar, will become a paid service from Inspired Web Design and charged in minimum 30 minute blocks.
5. Inspired Web Design builds all sites with the latest version of plugins. Updating versions of any plugin is subject to a minimum charge of $40 per hour plus any additional time spent on reconfiguration, customisation and testing.
6. In almost all cases, plugins have an annual renewal which must be paid by the client for the plugin to remain 100% functional on the website.
7. Requests for additional plugins must be researched by the client to ensure the functionality is what they are after. Due to the hundreds of WordPress Plugins, Inspired Web Design may not be familiar with the functionality of them all and cannot support them. Any plugin support a client needs will be through direct contact with the plugin developer and or their support team.
8. If a client would like Inspired Web Design to install a plugin, the client must purchase it from the plugin website (unless it is free), and send the plugin file to us. Inspired Web Design standard development fee of $40, per plugin, will apply to install, activate and test the plugin.

PREMIUM PLUGINS
Your website may or may not have been built using premium plugins or extensions to add functionality. Some plugins will be installed using our Inspired Web Design developer license at no cost to you. Others require yearly license renewal fees per website to keep the code updated and secure.

If you choose to use a premium plugin for your website, you will optionally be billed for the renewal fees of any premium plugins used to develop your website not covered by our developer license after the first year. If you select not to renew the license we cannot be responsible for any functionality or security issues this may cause in the future.

DOMAIN REGISTRATION
1. Inspired Web Design cannot guarantee a requested domain name will be available.
2. If you do not have an ABN or ACN, Inspired Web Design can register a domain name on your behalf. Once you have your ABN or ACN, Inspired Web Design can then transfer that domain name over to that entity, provided by you..
3. If an Inspired Web Design website package includes a free domain name, an ABN or ACN will be required for the registration of a 2 year Australian ‘.com.au’ domain name or a 1 year ‘.com’ domain name.
4. All Australian ‘.com.au’ domain names purchased by Inspired Web Design will be for the minimum 1 year period.
5. If Inspired Web Design register a domain name, it remains the property of the entity (ABN or ACN) used at registration.

WEBSITE TRANSFER
1. Inspired Web Design websites cannot be transferred away from Inspired Web Design servers other than by agreement and only after payment of any and all outstanding fees are received.
2. If a website transfer is agreed, Inspired Web Design will prepare a set of files containing the contents of your website. An administration fee of $100 is payable for this process.
3. No responsibility can be taken by Inspired Web Design for website or email disruption during any part of the transfer process.
4. Inspired Web Design cannot provide support for any website they do not host on their servers unless otherwise agreed.
5. If you are transferring an existing WordPress built website to Inspired Web Design (without purchasing a website design package), a one-off $325 transfer fee applies.
6. If you are transferring your existing WordPress website to Inspired Web Design, Inspired Web Design cannot transfer your existing emails to our hosting platform. We recommend you take a copy of all emails from your existing host up to the point of transfer to Inspired Web Design. Emails will be available for pick-up once the transfer of your website is complete.
7. Inspired Web Design cannot be held responsible for any emails lost during the transfer period and we recommend an alternative email address (hotmail, gmail, outlook or similar), be set up during that same time.

DISCLAIMER
1. Inspired Web Design shall not be liable, under any circumstances, for any loss of business, profits, goodwill or data, loss of use, interruption of business, or for any indirect, or consequential damages that result in any way from the customer’s use of, or inability to use the services, or that results from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or software.
2. Inspired Web Design cannot be responsible for any damages that may be suffered resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions, including interruption at payment gateways or email interruption or through receipt of spam emails.
3. Inspired Web Design makes no representations, warranties or assurances that the customer’s equipment will be compatible with the Inspired Web Design service.

TRADEMARKS & COPYRIGHTS
1. The design of your website (the look and feel) is under copyright and license from Inspired Web Design for use by yourself. You are prohibited from selling, replicating or reproducing any of the design of your website without written permission.
2. The customer warrants that it has the right to use any applicable trademarks on their website.

LAWFUL PURPOSE
The Customer may only use Inspired Web Design servers for lawful purpose. Transmission of any material in violation of any federal, state or local regulation is prohibited.

LIMITED LIABILITY

1. Inspired Web Design does not warrant that the service will not be interrupted or error free; nor make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the Inspired Web Design servers, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall Inspired Web Design, its officers, agents or anyone else involved in creating, producing or distributing Inspired Web Design web design services be liable for any damages that result from the use of, or inability to use the Inspired Web Design service or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to communication failure, theft, destruction or unauthorised access to Inspired Web Design’s records, programs or services.
3. Notwithstanding the above, the customer’s exclusive remedies for all damages, losses and causes of actions shall not exceed the aggregate dollar amount which the customer paid during the term of this agreement and any reasonable attorney’s fee and court costs.

GOVERNING LAWS
This agreement shall be governed in all respects by the laws of New South Wales Australia. The parties irrevocably submit to the jurisdiction of the courts of New South Wales Australia.

SEVERABILITY
Each provision of this agreement including these terms of service is severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.

CONTRACT REVISIONS
Revisions will be considered agreed to by the customer – this agreement constitutes the entire understanding of the parties. Any changes or modifications to this contract thereto, are agreed to by both parties upon renewal of services.

These terms and conditions should be read in conjunction with any quotes for your Inspired Web Design design package.

SECURITY
In the unlikely event of a hack to a client website, Inspired Web Design can reinstate your site from a previous backup version, if available. This service will incur a fee of $99.

If by chance your site has been hacked, then reinstated or updated by Inspired Web Design, there are no guarantee the website will not be hacked again any time in the future.

CONFIDENTIALITY
It is agreed that employees of Inspired Web Design shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of the client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of the client.