PLEASE READ CAREFULLY
Any dispute that may arise between you and SG Web (trading as OzSea ABN: 27 326 169 876, sole trader, GST exempt) will be governed by the law of New South Wales. You agree to submit to the non-exclusive jurisdiction of its courts. You will not object to the exercise of jurisdiction by those courts, either for forum non conveniens or on any other basis.
Summary:
SG Web will always do our best to fulfill your needs and meet your goals, but sometimes it is 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 stuff goes wrong. We have no desire to trick you into agreeing to something that you might later regret. We do want what's best for both parties, now and in the future.
In short
You are hiring SG Web to provide web services for the total price outlined in our correspondence. Of course it's a little more complicated, but we'll get to that...
What do both parties agree to do?
As our customer, you have the power and ability to enter into this agreement on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner. You also agree to stick to the payment schedule set out at the end of this contract.
SG Web is in the web services business and is qualified with the experience and ability to perform these services. We will carry them out in a professional and timely manner. On top of this we will also maintain the confidentiality of any information that you give us.
Website design
We will create designs for the look-and-feel, layout and functionality of your web site. A web design agreement covers one main design plus the opportunity for you to make up to two rounds of revisions. If you're not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at the hourly rate of $40 per hour.
HTML/CSS layout templates
If the project includes HTML markup and CSS templates, we will develop these using valid HTML5 and CSS3 for styling. We will test in the current versions of all major browsers including those made by Apple, Microsoft, Mozilla, Google, Opera and Android devices. We will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in Microsoft Internet Explorer 8 for Windows.
Text content
We're not responsible for writing any text copy for your website. You the client are obligated to supply all text copy. It is your responsibly to insure grammar and spelling are correct. You also agree to indemnify us if anything you give us is defamatory or unlawful.
Photographs and media
You will supply us photographs, graphics or media in digital format. If you choose to buy stock photographs we can suggest vendors of stock photography. Any time we spend searching for appropriate photographs or media will be charged at $40 per hour.
Changes and revisions
As previously stated in the design section SG Web allows two rounds of revisions for our initial estimate/quotation price. We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don't want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices are based on the number of hours that we estimate we'll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won't be a problem. You will be charged a minimum $10 for any additional change request.
Along the way we might ask you to put requests in writing so we can keep track of your instructions. The customer agrees that all out of scope work requested will be paid for over and above the price quoted.
CMS & shopping cart software
Wherever possible we use open source software that has been tried and tested by us. We cannot offer warranty on any software provided.
Technical support
You may already have web site hosting or domain name registration, you might even manage that hosting in-house; if that's the case, great. If you don't manage your own web site hosting, we can supply website hosting for as little as $5 per month and our domain name registration is some of the cheapest around.
We offer technical support relating to all information technology issues. If you do require help with anything beyond the design and development of your site, we'll be happy to help and will charge you at our hourly rate.
Legal stuff
SG Web can't warrant that the functions contained in a web site will always be error-free and so we can't be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate your web site 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.
Copyrights
You warrant to us that any elements of text, graphics, photos, media, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selves, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source, working, files that we used in making them.
You also own text content, photographs and other data you provided, unless someone else owns them. We own any XHTML markup, CSS that we have created and license it to you for use on only one project.
We love to show off our work and share what we have learned with other people, 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 web sites, in magazine articles and in books about web development. We also reserve the right to place a discrete link back to SG web in the footer of your website.
Payments
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we're also sure you'll want to stay friends, you agree to stick tight to the following payment schedule.
Unless otherwise agreed, we will not start your project until we receive payment of the first 50% of the quote price, which you will be invoiced . You have 7 days in total to pay. After which time this agreement will be terminated. Final payment of the remaining 50% is required within 14 days of the completion.
You agree to pay any fees owing to SG Web in Australian currency at exchange rates current at time of payment.
Payment must be in the manner prescribed on the invoice.
Prices are exclusive of GST.
Final prices for services will be fixed at the time SG Web sends out the invoice for services.
You must notify SG Web promptly of any errors or omissions of any kind contained in the invoice.
SG Web reserves the right to correct the price prior to payment where there has been a typographical error or other error in the price.
The customer agrees that each order it places will be and be deemed to be a representation by it at that time that it is solvent and able to pay all its debts as and when they fall due.
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