Terms and Conditions.
Yes, we have to have the ‘legal speak’, if only so that we both know exactly where we stand and there’s no misunderstandings. After all, we are entering into a contractual arrangement.
From experience I have found that the only problems I have ever encountered when dealing with clients has come about because we weren’t on ‘the same page’, so it is important that you know exactly what you are getting for your money, what things I will do for you and what things I won’t! The bottom line as far as I’m concerned is that I will work to get your business online as quickly as possible and that the experience is stress free for you.

Approval for the work to commence by payment of the advance fee indicates that you accept the terms and conditions here.

Definitions:

1. “Work” is defined by, but not limited to the following: Consultation with you, the client or any third parties in relation to the site design project, quoting for redesign or rework that you request, research & planning, setting up domain names or hosting accounts, design of site pages or graphics, copy writing or providing information, referrals or resources requested by you.
2. Seriously Simple Sites is run by Coastal Computers & Design, Shoalhaven Heads, NSW.
3. In the following Terms and Conditions, Seriously Simple Sites and Coastal Computers and Design is referred to as “I“, “my” or “me“, and the client is referred to as “you“.
4. P.A.Y.G or Pay As You Go describes the website special offer when available as described on the Pay As You Go page.

Terms & Conditions

1. Advance Payment: (non-P.A.Y.G sites)
   An advance of 50% of the total quoted cost of the project is required before work can commence. After work commences this payment is generally non-refundable but depending on how far the project has progressed a partial refund may be paid. See the next term for details.
   Pay As You Go sites: Site deposit payment as agreed is to be paid by internet banking or cheque before work on your site is to commence. The client is to setup a Direct Debit into the account that is specified for the agreed monthly payment. The first monthly payment is to be made one calendar month after the website project has been finished and monthly thereafter until the end of the payment term.
2. Refund Policy:
   Should you wish to cancel at any point during the process you shall be liable for work that has been completed and an administration fee of 20% of the value of the full design cost and you will be invoiced accordingly. If the advance fee paid exceeds the value of work undertaken (see definition of ‘work’ above) and the administration fee, a partial refund of the advance fee may be refunded. No refunds are available after 30 days. All cancellations must be received in writing; regular mail, e-mail and fax notifications are acceptable allowing sufficient time for mail to travel via post. Phone requests and e-mail from addresses not on my records will not constitute acceptance of any cancellation or refund request. This policy does not apply to such services as Hosting Account setup or Domain Registration.
3. Project Quotes:
   Quotes are provided on the basis of your specified web site requirements and the information you have provided. Should you decide that changes are required after work on the website commences, then these changes will be accepted with the provision that additional charges may be required.
4. Design Guarantee Terms:
   My design services carry a Design Guarantee. If you are not 100% satisfied that your completed site is as quoted, I undertake to work with you until you are satisfied that it is. The Design Guarantee applies to design work only, not the WordPress template design you have chosen. You acknowledge that web sites cannot be guaranteed to be 100% error free in construction and acknowledge that the existence of such errors shall not constitute a reason to terminate the contract.
5. Failure to Provide Required Website Content:
   To ensure that your web site is completed as promptly as possible, I will ask for information about your business that is required at each stage of the project and you must provide this information in a reasonable time. If you agree to provide me with the required information and subsequently fail to do within four weeks of project commencement I reserve the right to close the project and any balance remaining for work completed will become payable immediately. NOTE: I will provide you with a Word document (either as an email attachment or faxed to you) that has full instructions on what is required and has space for you to enter this information.
6. Your Responsibilities with Regard to Copyright:
   In situations where you provide images, text or any other content for your site you are legally responsible for ensuring that this material does not infringe any copyright. Certain images provided by me in the construction of your site may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a single website and may not be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact me for clarification.
7. Conceptualising:
   Conceptualising provides you with a preview of how your site will look. Concepts can include site mock ups, graphics and design proposals. For higher cost websites this may be included but for low cost sites (below $1000) please bear in mind that unless previously agreed, only one concept is possible. You should therefore ensure that you are sure of your chosen WordPress theme and requirements beforehand. If you don’t do this and rework is required additional costs will have to be negotiated.
8. Design Process:
   During the design process, it is expected that you will work with me to achieve the results required for the site design project. This includes providing timely feedback on concepts presented, as well as a willingness to clarify and elaborate on details as and if required. You also grant explicit permission for me to use your web site design for self-promotional purposes and to allow me to place a small link to my own website on your website. This will usually be in the form of a small logo or line of text placed towards the bottom of the site pages.
9. Deadlines & Delivery Dates
   I shall use all commercially reasonable efforts to meet project schedules and requested delivery time frames agreed upon in the quote. Such scheduled dates and delivery time frames in all cases represent estimates or targets only, and should never be accepted either explicitly or implied as a guarantee of delivery on or prior to the above-mentioned dates. All quotes are given based on the original design concept as requested by you, and as such any extra requirements or work required during this period may affect delivery time frames. You agree not to hold me liable for any losses associated with project delays.
10. Search Engine Promotion:
    The order in which websites are ranked in the natural search results is controlled by the search engines. While I undertake to optimise your site for this I am unable to make any guarantees about the success of any search engine promotion activity. Registering your web site with search engines does not by itself guarantee that all search engines will accept your listing or that your web site will appear high in the listings. Also, bear in mind that it can take anywhere from weeks to months for your web site to be fully indexed by the search engines and this is beyond my control.
11. Domain names process:
    I undertake to register your domain name on your behalf and transfer full ownership of the name to the company or individual that you nominate. Once the domain name has been registered you are responsible for retaining ownership of the domain by paying registration fees when due. Any fees required to make changes to the registered owner’s details are also your responsibility.
12. Payment: (non-P.A.Y.G sites)
    Payment of any balance will be due within 14 days of the final invoice date. Any material previously published may be removed if payment is not received in full.
    Pay As You Go sites: If monthly payments are not made on the specified dates they are due any material previously published may be removed and your hosting account and email accounts (if provided) cancelled if payment is not received within 7 days of the date due.
13. Web site maintenance:
    I undertake, if requested, to perform updates and additions to your site for up to but not exceeding the number of maintenance hours included in your chosen update plan option. Hours cannot be carried over to another year’s update plan and maintenance only includes working on the site files and content covered by the same contract. While the web site is covered by an update and hosting plan contract with me, you or no other person will be given ftp access to your site hosting area or may alter or add any content to the site other than what is possible through your site’s dashboard control panel. All requests for support or updates shall be made by email. Requests will be actioned as soon as practically possible during normal business hours which are Monday to Friday 9am to 5pm. No guarantees as to a time for action or completion are given but usually requests are actioned within 24-48 hours.
14. Hosting your site:
    All websites created by me are to be hosted on a Seriously Simple Sites hosting plan for a minimum of two years from the time the site goes ‘live’. This is due to copyright and protection of my design procedures and custom templates. After this time, your website and files may be moved from my servers at my discretion. You will be charged a fee for the migration process which is currently $550. This fee includes providing any site design files and graphics to you and reasonable technical assistance in the migration to the new hosting server of your files and database.
15. Future Site Problems:
    Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today’s internet. It is highly unlikely that these will affect your website, and I will endeavour to protect it as much as possible during its creation, however I cannot be held responsible for problems that develop on completed sites as a result of illegal activity. I do not accept any responsibility for losses or damage arising from errors within any site or if a site is taken down or vandalised by illegal activity.
16. Compliance with State or Federal Laws or Other Regulations:
    Your website will be designed in accordance with your specifications. It is your responsibility to ensure that the website and its’ content complies with all current Australian legislation. I do not accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. You shall further indemnify me in respect of any claims, costs and expenses that may arise from any material included in their site by me at your request.
17. Inappropriate Material
    You may not place any material that contains nudity, pornography, adult material, obscenity, discriminatory/hate propaganda, hacking-related material, material which promotes the illegal distribution of software, or any material that results in reasonable complaints from other customers or third parties on any web site hosted by Seriously Simple Sites or Coastal Computers & Design. You may not upload files, text or images that would violate the property rights of others. This includes the unauthorized placement of copyrighted text, images, music, programs, or trade secrets or other confidential proprietary information, trademarks, service marks or trade names used in an infringing manner. You may not upload or place any information on the web site which is libelous or defamatory, or which violates or infringes on any right of privacy of any person. You may not use your web site email accounts to send spam or other junk email to other parties. Your site email accounts should be cleared regularly as we don’t guarantee to retain email for periods exceeding 30 days. I take no responsibility for the content or information contained on websites hosted by me or within their email.
18. Intellectual Copyright:
    I will hold intellectual copyright of any material, including any source code and original images created for you until payment of the final invoice (or payment of the final monthly payment for a P.A.Y.G site). At this time I will transfer the intellectual copyright to you, the client.

Privacy Statement:

• I will not use any information gathered from you for any commercial purpose other than to create the web site you request and other information that may be relevant to my relationship with you, my customer.
• I will not use, sell, rent or divulge your email address or other information for any commercial purpose whatsoever.

Disclaimer:
All of the material published on this web site is for information purposes only and does not constitute advice. I have made every effort to ensure that the information provided here is free from error, but I do not guarantee that the information or images are current, complete or correct. I do not accept liability for errors, omissions or interruptions to access to this website, through negligence or for any other reason whatsoever.