Terms of Service
In these terms of service/engagement
Graffic is also called “we” or “Graffic Web Design” in this agreement. "The client" means the person or business accepting the terms of this agreement/engagement and is also referred to as “you” or “yourself” or "yourselves" in this contractual agreement.
"CMS" relates to the Content Management System. This term also refers to Squarespace, Shopify, Webflow, Wordpress, BigCommerce or any other content management platform.
Sections
Estimates/Quotes
Estimates/quotes will be honoured for 5 (business) days.
Estimates/quotes that have been provided to you in writing (email), but not accepted will only be honoured within 5 (business) days of the initial date of receipt of the estimate.
Charges and Fees
All new web design or development projects require an initial deposit of 10% of the project total at the time of acceptance, to begin allocation of time and resources towards the project.
Subsequent progress payments as set by Graffic Web Design are payable on acceptance of the quote and payment of the project deposit.
The final balance will be due upon completion of the web development project and must be paid before it is released to the client or published to the internet.
Graffic Web Design retains the right to halt and/or hold all project design and development work (with the exception of content and graphics provided by the client), until payment is received in full for such items.
Commencement of Work
Work will begin as soon as is practicable once the terms have been agreed, and the initial deposit (outlined above) has been received by Graffic Web Design.
This forms an agreement between Graffic Web Design and yourself (the client). If for any reason there is any non communication from the client or a change in circumstances occurs which results in the termination of the project, the client agrees to pay for any time spent on the project by Graffic Web Design – but not yet billed – in full.
Continuing Authority
The client acknowledges that this is a continuing authority and can only be cancelled by giving Graffic Web Design 14 days prior notice in writing.
Payment Terms
The client accepts that payment terms in relation to Graffic Web Design fees provide that payment is to be made within 14 days of the due date of the invoice unless otherwise agreed with Graffic Web Design in writing.
If payment is outstanding the client accepts that all work will cease until the account is either settled or a satisfactory agreement is in place.
If the outstanding payment relates to a service provided by Graffic Web Design, that service will be suspended until the account has been paid in full.
A re-establishment fee may also apply.
Graffic Web Design do not accept cheques as a method of payment.
Meetings
The initial meeting is always free of charge, any subsequent meetings are chargeable and additional to any project estimates. This includes travel to and from the meeting location.
Web Site Design Credit
All Graffic Web Design clients will have a small ‘website by Graffic’ text link in the footer of their website on no less than one page.
By hiring Graffic Web Design to work with you on your website you are agreeing to this, and you understand that this link may not be removed without Graffic Web Design's prior consent, or unless some other arrangement has been agreed to – by both parties.
Email Hosting
Graffic Web Design can host email and can provide technical support in setting this up for you.
Website Hosting/Web Hosting
Graffic Web Design provide website hosting in the majority of cases through third party providers. You agree that your contractual relationship is solely with Graffic Web Design and not with any web hosting company that we may use.
Appropriate monthly/yearly web hosting charges will apply, payable in advance by the client to Graffic Web Design in a timely manner. Late or outstanding payments will result in the suspension of web hosting services until the account has been paid in full.
WordPress Software Updates
Graffic Web Design take security seriously, and as such all critical WordPress security related software updates will be undertaken automatically and charged for accordingly.
This is also the case for any theme frameworks updates. If you have taken over responsibility for your own website updates, it is advised that you do so in a timely manor – no less than monthly. Any issues arising from your failure to do so may result in support charges to rectify the situation.
Subcontractors
Graffic Web Design reserves the right to hire subcontractors on any given project should the need arise.
Ownership and Copyright
Upon completion of the project and upon full payment for services rendered, Graffic Web Design transfers all rights and ownership of custom designs and programming (by Graffic Web Design) to the client.
Software and third party graphics or programs are not transferred to the client, and remain under copyright of their respective owners or publishers.
Graffic Web Design reserves the right to resell custom designed websites that remain unpaid by the original client. Graffic Web Design also reserve the right to resell unaccepted mock-ups or other graphics created, or code written by Graffic Web Design but not in legal use by the client.
Graffic Web Design reserves the right to display website’s and graphics that have been designed and/or built by Graffic Web Design on this website, and in any marketing material.
Security and Administrator Level Access
Graffic Web Design are happy to provide administrator level access to your site for basic editing purposes (ie blog entries, adding pages, text and image updates etc). However – it is important you are aware of the responsibilities this entails.
Graffic will not be held responsible for any work undertaken on your website by yourselves or a third party. Any remedial work required as a result of client updates and/or unsupported or poor coding will be chargeable at our current hourly rate.
Deadlines and Time Frames
Graffic Web Design understands the importance of completing projects in a timely manner.
However, any delays incurred by the client will cause a subsequent and equal delay in any agreed schedules, and will impede Graffic Web Design's ability to meet any deadlines previously agreed to at the beginning of the project.
Re-establishment Fee
Should any project be inactive for a period of 30 days (or more) due to any client related delay, a re-establishment fee of $150 + GST will apply in order to cover time spent becoming reacquainted with the requirements of the project.
This does not apply to ongoing site maintenance, updates or additions. A client related delay includes failure to pay invoices within the required time-frame.
Non Communication
If Graffic Web Design is unable to communicate with a client on a project for an extended period of time (5 business days) – by phone or email, the project will be put on hold.
Any previously agreed to time-frames or deadlines will be null and void and will need to be reassessed upon the resumption of communication. A re-establishment fee may also apply.
Non Payment
If an invoice has not been paid within 30 days of the date of issue, all services relating to that invoice shall be suspended.
These services shall be reinstated once payment (in full) has been received. A re-establishment fee may also apply.
The client also accepts that a debt recovery process may be put in place if the account remains outstanding, and they will be liable for all debt recovery & legal fees.
If the account remains outstanding after a debt recovery process has been completed the client accepts that they will be default listed.
Liability
Services purchased from Graffic Web Design are provided “as is” without warranty of any kind.
In no event shall Graffic Web Design be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of their website, services, web hosting and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design and/or development work rests with the client.
Acceptance
Please note that acceptance of quotes and/or submission of our 'Web Design Questionnaire' denotes agreement with all of Graffic Web Design's terms of service as written above.
Graffic Web Design reserves the right to change or update these terms at any time without prior notice.