E-SOCIAL DIGITAL TERMS AND CONDITIONS
1. Standard Terms and Conditions
The standard terms and conditions for Website Design and Development are applicable to all contracts and work undertaken by E-Social Digital ® for its clients.
2. Our Fees and Deposits
50% deposit of the total fee payable under our proposal will be due at the time on instructing us to proceed with the website design and development work.
The remaining 50% shall be due when the work is completed to your satisfaction but subjected to the terms of “approval of work” & “rejected work” clauses. Right not to commence any work until the deposit has been paid in full will be reserved by E-Social Digital ®.
The 50% deposit is refundable only if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit will not be refundable if the development work has been started and contract is been terminated by you through no fault of ours.
3. Supply of Materials
You must supply all materials and information required to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos, content to be published on website and other printed material. If there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
If there is any failure in supplying of materials which prevents the completion of work, we reserve the right to invoice for the work which is already completed.
We would be pleased to offer you the opportunity to make revisions to the design. However, right to limit the number of design proposals to a reasonable amount will be reserved and additional charges would be applicable if changes are made to the original design specification.
Our website development phase is flexible and allows limited variations to the original specification. We move further only after taking client’s approval after every phase so not liable to change major change in same agreement at later stages. However any major deviation from the original specification will be charged at the rate of $100.00 per hour.
5. Project Delays and Client Liability
Any time frames or estimates that we give are subjected upon full co-operation and complete and final content in photography for the work pages from your end.
During development there is a certain amount of feedback required for subsequent phases to progress. It is needed that a single point of contact be appointed and made available on a daily basis in order to expedite the feedback process.
6. Approval of Work
On completion of the work you will be notified and would have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 3 days of mentioned notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 3 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 agreed to have been completed and the 50% balance of the project price will become due.
7. Rejected Work
If you reject any of our work within the 3-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as an end and take measures to recover payment for the completed work.
Upon completion of the work as per agreed agreement which is based on phases and simultaneously taking client approval and at end we ask for final approval in 3 days and if not received any written minor changes at end time we will invoice you for the 50% balance of the payment.
9. Warranty by You as To Ownership of Intellectual Property Rights
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names & trade-marks, or any other material that you supply to us to include in your website or web applications.
You must indemnify and hold us harmless from any claims or legal actions related to the content of your website.
Once you have paid us in full for our work we grant you a license to use the website and its related software and contents for the lifetime of the website.
11. Search Engines
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practice.
12. Consequential Loss
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, if that delay arises.
To the full extent permitted by law, all terms & conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than express provisions of these terms and conditions) relating in any way to the services we provide you are excluded. Without limiting the above, to the extent permitted by law, any liability of E-Social Digital ® under any term & condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party whatsoever.
16. Additional Expenses
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain-name registration, web-hosting, shifting of websites to server or any comparable expenses.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
18. Ownership of Domain Names & Web Hosting
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred during the process.
19. Governing Law
The agreement constituted by these terms & conditions and any proposal will be construed according to and is governed by the laws of Western Australia. You and E-Social Digital ® submit to the non-exclusive jurisdiction of the courts of Western Australia in relation to any dispute arising under these terms & conditions of any services we perform for you.
20. Cross Browser Compatibility
By using current versions of well supported content management systems such as “Wordpress”, we endeavor to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, defend and indemnify E-Social Digital ® and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from you or your clients’ use of Internet electronic commerce.