Terms of Trade

1. DEFINITIONS

“DESIGNER WEBSITES” or “DW” shall mean Designer Websites (2013) Limited, or any contractors, agents or employees thereof. 

“CUSTOMER” shall mean the individual, company, partnership or other entity engaging the services of DESIGNER WEBSITES and any person acting on behalf of the CUSTOMER. The Customer is referred to as "The Customer", "You", or "Your"

2. ACCEPTANCE

  1. Any instructions received by Designer Websites from the Customer for the supply of services shall constitute a binding contract on, and acceptance by the Customer of, the terms and conditions contained herein.

3. PRICE

  1. All prices quoted are excluding GST.
  2. Unless specified in writing to the contrary any indication of PRICE for the provision of services by Designer Websites is by way of an estimate only and shall not be binding on Designer Websites.  If there are any changes to the initial quote then the Customer will be notified in writing prior to work being carried out.  All deposits made to Designer Websites are non-refundable.

4. SERVICES

(I)       WEBSITE DESIGN & BUILD  (except the Flexi Starter Package)

  1. Refer to Our Design & Development Process for the design and build process 

(II)      WEBSITE DESIGN & BUILD  (Flexi Starter Package)

  1. Once DW has taken a project brief from the Customer, your website will be built based on a template detailed in the brief. Any requests to amend the template after the project is under way will incur an additional charge. Once built, the website will be presented to you as a website design concept, without the final content.
  2. Included with this website package, your website design concept can be revised up to three times if necessary. If any further revisions are required, these will be done at $150 per hour. Once the website design concept is approved, any additional design changes needed will be done at $150 per hour. Any additional functionality or programming tasks will be done at $150 per hour.
  3. Once the website design concept has been approved, you will be able to log in and begin to add content to the website through the Content Management System. Alternatively, if you prefer, you may provide us with your content to load for you at a cost of $55 per page (see Fair Use below).
  4. A discreet 'Website by Designer Websites' message may be placed in the footer of the website. We may also choose to feature the website in our portfolio to showcase our work.
  5. All photography and graphics for the website are to be supplied by the Customer at your expense.
  6. Once all content has been loaded, DW will complete the on-page SEO for the high level pages.

(III)      WEBSITE HOSTING AND SUPPORT

  1. Designer Websites web hosting facilities are contracted to third party suppliers but the terms and conditions of the contract require Designer Websites to be the sole point of contact for such service. Designer Websites will use all reasonable endeavours to ensure that sufficient capacity is maintained on their third party computer facilities to enable users to access the Customer’s website. Because they do not own or control all the facilities and communication lines necessary for access, DW cannot guarantee that access will be uninterrupted or error free. Designer Websites do however have a contract in place between themselves and the third party to ensure that a good service level is maintained.
  2. Designer Websites will keep all of the Customer’s user names and passwords in relation to the website confidential.
  3. While Designer Websites do backup their servers it is recommended that the Customer stores a backup of their website as Designer Websites do not guarantee their backups.
  4. A hosting term of a minimum of two years from the date of the final website design and build payment will apply. After the end of the Minimum Term, either party may cancel this Agreement on 1 month’s written notice to the other.
  5. If at the end of the Minimum Term the Customer wishes to transfer their domain name and/or website hosting to a third party provider, then Designer Websites reserves the right to charge $150 per hour per domain name to manage the transfer.

(IV)      POST GO LIVE WEBSITE SUPPORT

  1. Included with this service, Customers will also receive ongoing website support as requested. This support is provided free of charge for up to 15 minutes per month, after which Designer Websites reserve the right to charge $150 per hour thereafter.

(V)      EMAIL SERVICES

  1. Designer Websites can provide email storage services to its Customers. Where DW is asked to help troubleshoot problems with sending, receiving or storing Customer's email, then DW reserves the right to charge for support at $150 per hour.
  2. If a Customer wishes to cancel their email service, this must be made in writing.

(VI)      DOMAIN SERVICES

  1. Designer Websites can register and manage domain names on behalf of its Customers. 
  2. Requests to cancel a domain name, or transfer a domain name must be made in writing by the Customer.  Requesting a UDAI code will not cancel any domain services with DW and charges will continue to apply until written notice is received by DW from the Customer.
  3. Designer Websites will provide such assistance as is reasonably requested by the Customer to enable the transfer of their domain name(s) to another domain registrar. Where a Customer chooses to cancel or transfer a domain name managed on their behalf by DW, the Customer will not be entitled to a refund of any charges related to the registration of their domain name.
  4. Designer Websites will provide such assistance as is reasonably requested by the Customer to manage and make any changes to the DNS records for any domain name that DW manages on the Customer's behalf. DW reserves the right to charge at $150 per hour for the provision of such assistance.

5. PAYMENT TERMS

The Customer agrees to pay the charges for the following services as follows:

(I)       WEBSITE DESIGN AND BUILD (except the Flexi Starter Package)

  1. Unless otherwise stated in the proposal, the total payment will be invoiced over three instalments. Once an Agreement has been signed by the Customer, a payment of one third of the total amount will be payable as a non-refundable deposit. A second instalment of one third will be invoiced four weeks later. The final instalment of one third will be invoiced after the website has been built and presented to the Customer for approval to Go Live, unless paragraph 5(I)(3) applies. 
  2. Payment on the first and second instalments is due 7 days from the invoice date (unless otherwise stated). The final payment is due before the website is made live, unless paragraph 5(I)(3) applies.
  3. If after four (4) months from the date the Agreement was signed:
    - the website has been developed as per the proposal; and
    - all content previously provided to DW has been uploaded to the website; and
    - the Customer has not authorised the website to be made live,
    then DW reserves the right to issue the invoice for the final instalment and the Customer agrees to pay within 7 days from the invoice date.

(II)      WEBSITE DESIGN AND BUILD (Flexi Starter Package)

  1. Total payment will be invoiced over two instalments. Once an Agreement has been signed by the Customer, a payment of 50% of the total quoted amount will be payable as a non-refundable deposit. The remaining 50% will be invoiced when the site is built and ready for the content to be loaded. Note this is not the 'Go Live' phase, which will occur once the content has been loaded and the Customer has approved the website to Go Live. Additional functionality may be invoiced as it is completed, or in a combined invoice with the remaining 50%.

(III)      WEBSITE, EMAIL AND DOMAIN HOSTING SERVICES

  1. The costs for the Customer’s website hosting services are payable monthly (unless otherwise stated) and will commence from the date of Go Live.
  2. The costs for the Customer's email hosting (where applicable) are payable monthly (unless otherwise stated).
  3. The costs for the Customer's domain hosting (where applicable) are payable annually (unless otherwise stated).
  4. If the Customer does not pay the charges on time DW may, at their option:

(a) Refer the Customer’s account to a debt collection agency; and/or

(b) If the Customer’s account is overdue for a period of ten (10) days or longer, DW is entitled to disconnect any Services supplied.  The Customer agrees to DW charging a late payment fee on any overdue amounts on an invoice at the rate of 2% per month.

(c) The Customer agrees to pay all costs incurred in recovering outstanding amounts from them including any debt collection and legal fees.

6. MARKETING

The Customer agrees that DW may:

  1. Include a reference on the bottom of their website, crediting the design, development and hosting of the website to Designer Websites.      
  2. List the website on any marketing materials, including the DW website.

7. TERMINATION

Designer Websites may immediately terminate this Agreement in relation to any or all services acquired by or provided if:

  1. The Customer is in breach of any provision of these terms and conditions and has not remedied that breach within 10 days of receiving notice from Designer Websites;
  2. Designer Websites third party contracted website hosting facilities cease (or in Designer Websites reasonable opinion) are likely to cease on a permanent basis or are terminated.

8. FAIR USE

(I)       EMAIL

  1. Where Designer Websites host email for a Customer, DW reserves the right to charge the Customer an additional monthly fee of $5.50 per MB if the Customer's email storage on our servers exceeds what DW consider to to be 'fair use', i.e. 5000MB of storage space per domain name.
(II)      DATA ENTRY (except Flexi Starter Package)
  1. Designer Websites will endeavour to complete all data entry for a Customer as part of a new website build. However, if the amount of data, or the format of the data, is such that it would be unreasonable for DW to complete all the data entry, then DW will raise this with the client and state what data DW will agree to enter.

(III)      DATA ENTRY (Flexi Starter Package)

  1.  If requested by the Customer, Designer Websites will load content for the Customer at a cost of $55 per page, assuming each page includes an average of no more than 250 words of text. However, if the amount of content provided by the Customer is more than an average 250 words of text, or the format of the content, or the number of images, or the format of images is such that DW cannot complete the entry for each page in a reasonable amount of time (i.e. 20 minutes per page), then DW reserves the right to charge at $150 per hour thereafter.

Last updated 27th April 2017

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