Website Development Terms of Service
Last update: 2 September 2020
If you have accepted a proposal from us (Proposal) or have otherwise engaged us to undertake the development, redevelopment, transfer or upgrade of a website for you (Website Development Services) the following terms will apply.
The Website Development Services will apply to the website identified in the Proposal (Your Website).
By accepting, or continuing to accept, Website Development Services from us in accordance with the Proposal, or otherwise, you agree, without limitation or qualification, to be bound by and to comply with these terms.
Standard Terms and Conditions
These are the standard terms and conditions for Website Development Services and apply to all contracts and all work undertaken by Lift Legal or Active Legal Media for its clients and referred to in a Proposal or other agreement for the provision of Website Development Services.
The total fee and method of payment for the Website Development Services is contained in the Proposal.
Supply of Materials
You must supply all materials and information required by us to complete the work in accordance with the Proposal or any agreed design or development specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material.
If the the Website Development Services involves the transfer of a website from one host to another you will provide a full backup of the existing website in a format suitable for migration to the new host. If a full backup is not available you must notify us immediately.
If the website being transferred is a LEAP website you must purchase the StudioPress theme, Genesis framework and any premium plugins used by LEAP to construct the website and provide us with:
- an export of the existing website from LEAP,
- a copy of the Custom CSS
- a list of plugins installed on your website
Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
You are free to revise the design. However, we have the right to limit the number of design changes to a reasonable amount and may charge for additional design or development work if you make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $160.00 per hour.
Project Delays and Client Liability
During development there is a certain amount of feedback required in order to progress to subsequent phases, it is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
Any time frames or estimates that we give are contingent upon:
- your full co-operation and timely feedback;
- the provision of complete and final content in a timely manner, including photography for the website pages.
If we are unable to complete the work on your website as a result of your delay then, after a period of:
- 3 months from the commencement of work we are entitled to begin charging you the monthly fee set out in the Proposal for the hosting of your website: and
- 6 months from the commencement of work, any outstanding fees owed to us for the website development along with the full value of the hosting and maintenance work for the remaining term of the hosting and maintenance period become immediately due and payable.
You should supply graphic files, images or photos in a high-resolution digital format, preferably .png or .jpeg. If you want to buy stock photographs, we can suggest stock libraries. If you’d like us to search for images for you, we can provide a separate estimate for that, if not already covered by our Proposal or these terms.
Approval of Work
On completion of the work you will be notified and can review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7 day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed to have been completed and the balance of the project price (if any) will become due.
If you reject any of our work within the 7 day review period, or not approve subsequent work performed by us 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.
Additional work means any work to the website requested by you following the completion of the development phase of the project and the launch of your website. Additional work includes, but is not limited to, changes or additions to any of the website content, added website functionality, research undertaken on your behalf or advice provided to you.
All additional work will be charged, in 15 minute increments, at the rate of $160.00 per hour.
Intellectual Property Rights
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in Your Website or web applications.
You agree to indemnify us and hold us harmless from any claims or legal actions related to the content of Your Website.
We do not guarantee any specific position in search engine results for Your Website. If search engine optimisation services are included in the Proposal, we perform such services according to current best practice and the terms of the Proposal.
If you need comprehensive and monthly SEO support, we can provide a separate estimate for that.
We shall not be 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.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Lift Legal or Active Legal Media under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit, provided that the contractor we engage has the requisite skills required to perform the services and acts under our direction.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
You agree to reimburse us for any requested expenses which do not form part of our Proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
Ownership of Domain Names and Web Hosting
We will supply you with account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of New South Wales in Australia. You submit to the non-exclusive jurisdiction of the courts in and of New South Wales in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.