Terms and Conditions
Last updated 08/11/19
Our clients tell us they appreciate our ‘no surprises’ approach. We’re up-front about what you can expect from us. These terms and conditions are part of the contract you enter into when you engage Endure Web Studios. Please read them carefully, and let us know if you have any questions.
In these terms and conditions ‘you’ is the client, it’s employees and agents, and ‘us’, ‘our’ or ‘we’ is Endure Web Studios, its employees and agents.
1. Any additional services
When we quote for a project, we want to eliminate ‘dead time’, such as chasing up responses to emails. This time doesn’t benefit you, and is a direct cost for my business. Other web deisgn businesses will just add a large margin to their quote. We prefer to give you maximum visibility and control over your costs, so you only pay for our services that you use.
Any work or services not defined in the work agreement will be costed at my standard rate of $120+GST per hour. This includes:
- Additional face-to-face meetings at your request. There will not be any additional charge for face-to-face meetings that we request.
- Liaison time for making changes to the project scope
- Waiting time where you’re more than 10 minutes late for an appointment
- The scheduled time where you miss an appointment or reschedule with less than 24 hours’ notice
- Liaison time or refamiliarisation time where we don’t receive information from you within the agreed time.
- Liaison time or refamiliarisation time where the project completion date is delayed by more than 1 month (and where we have not directly caused that delay).
- Administration and project management related to any of the above tasks.
How we’ll work with you to keep the project on track.
- We’ll endeavour to deliver all work by the agreed deadline – or before. However, circumstances beyond our control – including major illness or family emergencies – may prevent us from getting work to you on time. We’ll inform you within two business days if any such events happen. We’ll also work with you to minimise the impact on the project delivery.
- Unless we agree otherwise, you’ll provide feedback or information within seven business days.
- We’ll allocate time to work on this project for the periods indicated in the project plan. If we are unable to complete work at these times because we have not received information from you, we will continue the project at the next opportunity. This may affect the overall project delivery time.
- If a response or information from you is delayed by more than 21 business days, we may consider the project complete and invoice you for all work completed up to that date. Unless we’ve agreed otherwise, we’ll cost the work completed using a pro-rata rate against the total project cost.
Please pay on time (we’re a small business and its just nice!).
- Invoices must be paid within 14 calendar days unless you negotiate a different arrangement with us before entering into the contract. We may add a 10% charge for late payment.
- If we decide to get help from a third party organisation to recover a debt, you are also responsible for paying any additional costs involved in recovering that debt, including legal expenses.
4. Intellectual property
We’re creating something valuable for you. This section describes how you gain ownership of the end-product – and how we refer to it in my marketing or training.
- You gain full intellectual property rights in the content when we receive complete final payment. Until then, we retain intellectual property in the version of content that we have designed or built.
- We reserve the right to refer to this project and your business name, and to use your logo and content for promotional or educational purposes.
Keeping your trust – even when the project’s finished.
- If we’ve signed a separate confidentiality agreement with you, then that agreement will apply instead of this part.
- We won’t disclose any information that you indicate is confidential.
- You won’t disclose any information about our pricing structure, or project documents.
6. Exclusion of liability
Part of our ‘no surprises’ approach is covering every scenario – however unlikely.
- We’ll endeavour to make sure that our work doesn’t infringe on any copyright or other right of a third party.
- However, we’re not liable to you, or any third party, for damages, including lost profits, lost savings, complaints, claims, litigation or other incidental, consequential or special damages that arise from our work for this project.
- You are responsible for checking the factual accuracy of the content for this project.
- We take pride in the quality of our work and check it carefully. However, we don’t guarantee that our work is free from errors. You are responsible for final approval.
7. Disputed terms
What happens if this contract’s legality is disputed.
- If any part of this contract is deemed to be unlawful, void or unenforceable, then that part will be severed from this contract. Severing that part won’t affect the validity or enforceability of the rest of this contract.
Keeping in touch when your project is finished
- We may add you to my email list to keep you updated on Endure Web Studios’ work, and to check in with you. You can unsubscribe at any time, and we will not give your email address to anyone else.
9. Saying goodbye
We all know that sometimes business relationships come to an end, we’d like to keep it as friendly as possible.
- We’ll send your annual invoice for managed hosting one month before it is due. If you’d like to finish up and move to another way of managing your website, that is completely fine. Please let us know two weeks before the end of your current contract to allow us time to get all your files together. If you don’t allow two weeks, we may need to charge for the additional hosting time before your site is moved.
- We will let you know two weeks before the end of your contract if we don’t feel we should renew the contract and keep working together to allow you time to organise new hosting.
- We will provide all your web files that your new hosting company or developer can use to move your website. Although we manage your site, you own it, and we will give you everything when we finish working together.
- If you’d like us to move your website to a new host, we are happy to help you do that but will charge the time at our hourly rate.