Web Development Terms & Conditions

ACKNOWLEDGEMENT

The client acknowledges ‘The OD’ to implement web design ‘services’ for their company per the details outlined in the ‘proposal’ with commencement and completion dates as stated there-in.

PRICING

The proposed ‘project’ total reflects a good faith estimate based on existing understanding of the objectives and priorities of your project. If the project scope changes to an extent that substantially alters the specifications described in the original estimate, a proposal revision memo will be submitted, and a revised or additional fee must be agreed upon before further work proceeds.

PAYMENTS

Upon acceptance of the ‘proposal’ a 50% deposit is payable to commence the first stages as outlined. Invoices will be issued with 7 day terms prior to the agreed ‘start date’. A further 25% is payable at the time of ‘review’ and prior to any amendments that are identified. A final 25% is payable at completion of the project and prior to hand over/go-live.

SERVICE DELIVERY

After completing the ‘project’ based on the approved design/plan the client will be given 24-48 hours to decide if the project will be tagged as complete of incomplete. If incomplete The OD will further assist the client based on requested changes. A proposal revision memo will be submitted, and a revised or additional fee must be agreed upon before further work proceeds.

COMPLETION & TERMINATION

The effectivity date of these terms will start on the date of the ‘proposal’ was signed until the project is complete. A confirmation of completion will be issued and agreed by both parties with their signatures

The OD reserves the right to suspend any services relating to any outstanding invoice that exceeds 30 days of its due date.

The OD will not be held responsible for any loss of data, files, emails and backups nor responsible for potential loss of business/income during the period of non-service.

INDEMNIFICATION

The Client shall indemnify and hold harmless The OD from and against all claims, damages, costs (including without limitation legal costs on a full indemnity basis), losses, liabilities and expenses caused by the Client’s acts, omissions, negligence, breach of duty or breach of the Agreement.

VARIATION

The ‘Client’ agreed that The OD may vary these terms and conditions and any relevant policies and standards from time to time by providing the Client with written notice of the variation

GOVERNING LAW

These terms and conditions shall be governed by the laws of South Australia and The OD and the Client each irrevocably submit to the exclusive jurisdiction of the courts of South Australia.

ENTIRE AGREEMENT

The ‘Agreement’ in addition to The OD’s standard terms and conditions sets out the entire agreement between The OD and the ‘Client’ regarding the ‘Services’ and supersedes all previous negotiations, commitments and agreements about the ‘Services’

DEFINITIONS

The terms set out below shall have the following meanings when used throughout these terms and conditions: Agreement means these terms and conditions and the proposal; Acceptance Date means the date that the Client accepts the Proposal; Client means the party specified as the Client in the Proposal; Proposal means the covering letter or quotation accompanying these terms and conditions and any special conditions contained in such Proposal or covering letter; Project means full scope of services specified in the Proposal; The OD means The Online Director Pty Limited ACN 603 297 758 ABN 44 603 297 758.

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