Standard Terms and Conditions
These are the standard terms and conditions for website design and development (‘Website Build’) and apply to all contracts and all work undertaken by 1833 Pty Ltd for its clients.
The terms ‘us’ or ‘our’ or ‘we’ refers to 1833 Pty Ltd.
The terms ‘you’ or ‘your’ refers to the client of 1833 Pty Ltd.
1833 Pty Ltd operates in accordance with Australian Competition and Consumer Law.
1833 Pty Ltd reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.
During the website briefing, it is your responsibility to provide 1833 Pty Ltd with clear guidelines along with the specific detail of what you may require. When such details are not provided we will proceed with our understanding of your requirements and quote accordingly.
At a later stage, if a discrepancy arises, it many lead to additional costs to accommodate the changes. Therefore it is essential that you clarify every aspect of your Website Build and ensure you have been quoted on the right requirements.
On your written acceptance via email of the quote this becomes the ‘Client Agreement’ and is deemed thereafter a written contractual agreement between you and 1833 Pty Ltd.
Once the Client Agreement has been finalised, any additions, changes or enhancements in the functionality of the Website Build will affect the Client Agreement and may incur additional costs and a revised delivery date.
Fees and Deposits
All prices are quoted in Australian dollars and are exclusive of GST unless specified.
A 30% deposit of the total fee payable under the Client Agreement is due once you have instructed 1833 Pty Ltd (in writing via email) to proceed with the Website Build.
An invoice will be issued and the deposit must be paid within 5 working days, before the Website Build commences. 1833 Pty Ltd reserve the right not to commence any work until the deposit has been made in full.
The remaining 70% of the invoice is due within 10 working days of the website being completed and approved per the terms of the Client Agreement.
The 30% deposit is only refundable if we have not fulfilled our obligations to delivery the work required under the Client Agreement. The deposit is NOT refundable if the development work has been started and you terminate the contract through no fault of 1833 Pty Ltd.
Supply of materials and information
You must supply all materials and information required by us to complete the work in accordance with the Client Agreement within 3 working days of instructing us to commence the website. Such materials may include, but at not limited to, written copy, logo, photographs, video and other printer material.
The build of the website will not commence until all materials and information have been supplied. Where there is any delay in supplying there materials to us which leads to a delay of the agreed completion time, then 1833 Pty Ltd have the right to extend any previously agreed deadline by a reasonable amount.
Where you fail to supply materials and information within 2 months and that prevents the progress of the work, the 30% deposit will not be refundable.
If you wish to keep your current web hosting package, then you are required to release to 1833 Pty Ltd, the codes to the control panel within 3 working days of instructing us to commence your Website Build. No work can be started without access to the control panel, unless specifically stated otherwise in the Client Agreement.
1833 Pty Ltd will begin the Website Build by creating a home page/ first page (‘First Page’) which will show the suggested design, layout and colours of the website. However, this initial stage will not commence until the 30% deposit of the total fee payable under the Client Agreement has been received.
You do have the opportunity to request a revision to the website design. However, 1833 Pty Ltd have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design per the Client Agreement.
Any major deviation from the agreed specifications of the Website Build, including but not limited to, the website design, text content, images and colour scheme, per the Client Agreement will be an additional charge of $50.00 per hour (exclusive of GST).
When you have agreed and accepted the First Page, 1833 Pty Ltd will suggest the layout and design theme of the other pages. When have you agreed to the layout and design theme, we will there after continue and build the rest of the pages.
If you fail to deliver the changes and the additions requested within the next 10 working days after receiving communication from 1833 Pty Ltd, we reserve the right to issue the final invoice of the contract.
If you already have hosting, 1833 Pty Ltd can build the website on that server. However, there is an extra fee of $100.00 for this service because webhosting companies have different control panels and routines, which means it can take longer to get started with some of them.
1833 Pty Ltd work closely with best hosting companies around the world and we highly recommend setting up hosting services with them. We will then help with the process and there is a hosting fee for the standard package of $66 per year.
You will be the sole owner of the hosting package, your website and the domain name.
1833 Pty Ltd will not be liable or responsible for any 3rd party issues.
Project Delays and Client Liability
Any timeframes that 1833 Pty Ltd give are contingent upon your full co-operation and supply of materials and information.
During the development phase of the website there will be regular feedback given in order to progress the website. There is an expectation that you will reply within 48 hours to requests from 1833 Pty Ltd in regards to feedback and/or additional materials or information that is needed. A failure to do so may result in a delay in the agreed timeframe for the website build.
Approval of the website
On completion of the website you will be notified and have the opportunity to review it. You must notify us in the writing of any unsatisfactory points within 3 working days of such notification.
Any of the work which has not been reported in writing to us as unsatisfactory within the 3 working days review period will be deemed to have been approved.
Once approved or deemed approved, work cannot be subsequently rejected and the contract will be deemed to have been completed and the remaining 70% of the invoice will be due within 14 working days.
If you reject any of our work within the 3 working days review period, or not approve subsequent work performed by use to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
Upon completion of the 3 working days review period, 1833 Pty Ltd will invoice you for the remaining 70% balance of the website build. This invoice must be paid within 14 working days from the date of issue.
Late fees and charges
All outstanding invoices will incur a late penalty fee of 10% of the pending amount and an administration fee of $5 per month, from the due date.
Due date: is the date on which the payment is due as per the terms on the invoice.
Outstanding invoice: an invoice is deemed to be outstanding if the payment is still due after due after 7 working days of the expiry of the due date.
Debt collection: a client is provided a further 7 working days after a late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount being referred to a debt collector.
1833 Pty Ltd will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the debt (debt collectors, administration charges, legal fees) will be referred to the client for processing.
If you are going to be late with your payment for a particular reason or have any queries regarding your invoice please contact 1833 Pty Ltd immediately on receiving the invoice or reminder emails, so that arrangements can be made.
Warranty by you as to ownership of intellectual property rights
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered business logos, names and trademarks, or any other material that you supply to 1833 Pty Ltd to include in your website or web applications.
Use of the Website
Once you have paid us in full for the website, 1833 Pty Ltd grant you the right to use the website and its related software and contents for the life of the website.
The rights granted to you do not include rights to re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes.
In the event of a Webmaster change, the website owner is not allowed to the display the credits to the new website, uncles such time that the website functionality and appearance is changed by over 50% of 1833 Pty Ltd’s original work.
Search Engine Optimisation
1833 Pty Ltd do not guarantee any specific position in search engine results for your website. However as part of the Website Build, we do perform on-site SEO according to current best practice. A booklet explaining what on-site SEO is, is available to download from our website.
1833 Pty Ltd are not 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.
1833 Pty Ltd agree that we will not at any time disclose any of your confidential information to any third party.
You agree to reimburse 1833 Pty Ltd for any requested expenses which do NOT form part of your client agreement including, but not limited to the purchase of templates, third party software, stock photographs and/or videos, 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 arise out of a negligent act or omission by use.
Courts of Jurisdiction
The client agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the law of South Australia. You and 1833 Pty Ltd submit to the non-exclusive jurisdiction of the courts in and of South Australia in relation to any dispute arising using these terms and conditions or in relation to any services we perform for you.
Cross Browser Compatibility
By using current versions of WordPress, 1833 Pty Ltd endeavour to ensure that the website we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best efforts basis, where any incompatibilities are found.
You are responsible for complying with all relevant laws relating to e-commerce and to the full extent permitted by the law will hold harmless, protect and defend and indemnify 1833 Pty Ltd for any claim, penalty, tax, tariff loss or damage arising from you or your client’s use of Internet electronic commerce.
Limitation of Liability
To the fullest extent permitted by law, all terms, conditions, representations or warranties whether expressed or implied or statutory or otherwise relating in any way to the service Website Adelaide provides are excluded, OTHER than the express provisions of these terms and conditions.