Web Design & Development
Terms and Conditions
We will always do our best to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we know what is what, who should do what and what happens if things go wrong. In our contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future. Please see our Standard Terms and Conditions for Service below.
- STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development and apply to all contracts and work undertaken by Freelance Developer Huia Maree Hikaiti for its clients.
- OUR COSTS AND DEPOSITS
Our standard rates are AUD$65.00 per hour (charged at one hour intervals).
A 50% deposit of the total account is required immediately upon you instructing us to proceed with the website design and development work.
A 25% payment of the total account will become due once a first draft of the website has been presented. Revisions will only be complete once payment has been made.
A 25% payment of the remaining account will be payable upon completion of the revisions. We will only hand over website data once the full payment has been received.
All work is completed to your reasonable satisfaction but subject to the terms of the “revisions” clause.
We reserve the right not to commence any work until the deposit has been paid in full.
All payment are non-refundable if the development work has been started and you terminate the contract through no fault of ours. In this event you may be charged for any work that has not been paid up to the value of the next payable milestone.
These prices do not include ongoing maintenance, SEO Work, Security Scanning or expenses related to acquiring your domain name and hosting.
- SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where 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.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
- REVISIONS AND VARIATIONS
Our website development phase is flexible and allows certain variations to the original specification design proposal. We provide you the opportunity to make 2 rounds of minor revisions to the design during the second and third milestone stages. Any additional rounds of revision or major deviation from specification will be charged at our hourly rate.
Any changes to licenced products such as themes or plugins may fall under this category however you may be charged for any additional licensing costs if you change your mind.
Relating to e-commerce sites; if you require changes to product (SKU) data entry after an agreed outlay has been discussed, this will be not be valid under this clause and you will be charged at our hourly rate.
You will have 7 days to respond to any revisions and variations requests. If we don’t hear any response within this time-frame we will assume revisions and variations are accepted and complete.
- PROJECT DELAYS
Any time frames or estimates that we give are contingent upon your co-operation. 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 your side and be made available on a daily basis in order to expedite the feedback process.
We supply a 1 year warranty against faults or workmanship specifically carried out by us. If we suspect the website or its coding has been modified from it’s intended use your warranty will be void and we will correct any workmanship at a rate of $65.00+GST per hour.
Whilst we take the utmost care in providing you security for your website, the warranty does not cover you for server or email related issues, blacklisting, viruses, hacking, hijacking or other intrusions.
- 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 and trademarks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Once you have paid the balance in full for our work, we transfer full ownership and licence for the life of the website.
- SEARCH ENGINE OPTIMISATION
We perform basic search engine optimisation according to current best practice however we do not guarantee any specific position in search engine results for your website. This feature is only available for clients who purchase full web design packages from us.
- 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, however that delay arises.
Any liability of Huia Maree Hikaiti under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the repair, replacement or re-supply of the services or the payment of the cost of the services that we were contracted to complete.
We reserve the right to subcontract services that we perform for you as necessary.
We will not disclose any confidential information to any third party outside immediate staff or subcontractors. We will only disclose necessary information to subcontractors for the purpose of performing necessary tasks to complete projects.
We may opt to display your website in our portfolio. If you would not like this to happen, please inform us to opt out.
- 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 or 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.
- BROWSER COMPATIBILITY
For clients that purchase full web design services, we ensure the latest web browsers are capable of correctly displaying your website. We currently test this function on Firefox, Chrome and Opera and Safari. Some third party plugins, where used, may not have the same level of support for all browsers. We will substitute alternative plugins or implement another solution where any incompatibilities are found.
- MOBILE RESPONSIVE SITES AND MOBILE SITES
In our website design services, we supply clients with a fully mobile responsive site suitable for mobile, tablets, laptops and desktop computers. In some cases a responsive website may not be a substitute for a mobile website and may require a separate design to be created. This comes as an additional hourly cost and does not come under the mobile responsive service we provide.
- E-COMMERCE STORES
You are responsible for complying with laws relating to e-commerce and trade, and to the full extent permitted by law. You will hold harmless, protect, and indemnify Huia Maree Hikaiti and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from use of an e-commerce store.
- DEVELOPER LICENCES
Your website may contain plugins and themes which require a Developer Licence which Huia Maree HIkaiti provides. Ownership of the Developer Licence belongs to Huia Maree Hikaiti. Should you choose to engage the services of another Development Company, move hosting or change web packages to another provider, you cease to have access to these licences and they must be removed from your website prior.
- SECURITY CLEAN UPS
In the event that your website is hacked, blacklisted or other breaches of security, Huia Maree Hikaiti cannot be held responsible. Therefore, to “Clean” your website and remove any malignant code and restore the website is chargeable at $65 per hour.
Ongoing maintenance of your website is chargeable at $65 per hour, charged in 1 hour increments.