Terms and conditions – Web Design

1. Graphic Creation

This agreement stipulates the completion of a standard responsive branding web page with layout, graphic creation using WordPress as a platform for Content Management System.

2. Copyrights and Trademarks

The Client represents to the Web Designer and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Web Designer for inclusion in the Client’s web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Web Designer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

3. Limited Liability

Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Web Designer. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy.
Client hereby agrees to indemnify and hold harmless the Web Designer from any claim resulting from the Client’s publication of material or use of those materials.
It is also understood that the Web Designer will not publish information over the Internet which may be used by another party to harm another.

4. Indemnification

Client agrees that it shall defend, indemnify, save and hold the Web Designer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with the Web Designer’s development of the Client’s web site. This includes Liabilities asserted against the Web Designer, it’s subcontractors, it’s agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns.
Client also agrees to defend, indemnify and hold harmless the Web Designer against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.

5. Laws Affecting Electronic Commerce

The Client agrees that it is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and will hold harmless, protect, and defend the Web Designer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s use of Internet electronic commerce.
Client also understands that the Web Designer cannot provide legal advice.

6. Ownership to Web Pages and Graphics

Copyright to the finished assembled work of web pages produced by the Web Designer and graphics shall be vested with the Client upon final payment for the project.
All materials developed under this contract and intended for publication to the web remain the property of Web Designer until such time as final payment for the work described herein has been tendered by Client.

7. Design Credit

Client agrees that the Web Designer may put a byline on the bottom of their web page establishing design and development credit. Client also agrees that the web site created for the Client may be included in the Web Designer’s portfolio.

8. Nondisclosure

The Web Designer and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about the Web Designer to another party.

9. Payment terms

A 50% deposit is required prior to execution of the project. Balance payable within 30 days from completion and prior to website launch unless other payment terms have been agreed.
Finance charge of AUD 25 per week applies on all overdue balances.

10. Revisions

After approval of the design all structural and major design changes will be charged for per hour (AUD90, min. charge 15mins).

11. Rejection/cancellation of project

The client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the client observes any nonconformance with the design plan, the designer must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing for all additional labor or expenses to date. All elements of the project must then be returned to the designer. Any usage by the client of those design elements will result in appropriate legal action. Client shall bear all costs, expenses, and reasonable attorney’s fees in any action brought to recover payment under this contract or in which (Insert your company name) may become a party by reason of this contract.

12. Entire Understanding

This contract constitutes the sole agreement between the Web Designer and the Client. On completion of this project, the Web Designer is hereby handing over any right he/she has over any content or materials used for the production of this project.
Both parties warrant that they have read and understand the terms set forth in this agreement.
This agreement shall be governed and construed in accordance with the laws of Australia.