Terms & Conditions
These are the standard Terms and Conditions for Website Design and Development, Graphic Design, Domain Name Registration, SEO (Search Engine Optimisation) and Web Hosting. The Customer agrees to these terms stated upon beginning any of the services stated above, or otherwise provided by Digital Developments.
- It is solely the responsibility of the Customer to keep Digital Developments up to date on any changes in their contact details. Failure to do say may result in service expiry or inability to render ongoing services.
- An account with Digital Developments is to be used only by the Customer associated with the account. Individual account holders are prohibited from selling, reselling, storing or giving away Digital Developments services to third parties.
- Digital Developments reserves the right to refuse it’s services and/or products to anyone. This includes the right to suspend or cancel a Customer’s access to existing services on the violation of this Terms Agreement or at Digital Developments’ absolute discretion that the services has been abused or used inappropriately.
- All invoices, quotes, services announcements and any other notifications will be sent to the Customer via email.
Cancellations & Refunds
- All deposits paid are non-refundable
- Fees charged on a pre-pay basis are non-refundable.
- Progress payments made in the process of a Digital Developments service are non-refundable.
- Should a customer violate the Digital Developments terms and conditions agreement, Digital Developments reserves the right to discontinue the service immediately with no refund.
- Refunds may be given out when Digital Developments fails to deliver the service described. Such incidences are up to Digital Developments to decide upon at its absolute discretion.
- Upon sign off on completed design work, prior to the website build, all fees (with the exception of the bill ‘balance’) are payable in due course. No cancellations will be accepted on signed off work.
- The ‘Balance’ of an invoice is a percentile value (as decided by Digital Developments) of the total bill indicated on the initial quote that is the final payment to be made upon service completion.
- The limitations, functionality and/or usability of any Digital Developments software (including, but not limited to; WordPress, WP eCommerce, ShopPlugin, Prestashop) do not warrant sufficient reason to withhold payment of the balance of the website bill. If the Customer requires a certain piece of functionality, Digital Developments provides services to facilitate such, for an respective additional fee.
- If the customer’s website or service has been discontinued due to cancellation or expiry, Digital Developments can reinstate the website within a 12 month period with the added cost of $55+GST to serve as a reconnection fee.
- Any and all cancelations of repeating services must be given 30 days prior notice. Bills paid in advance are non-refundable.
- Please contact Digital Developments for service cancellation, Digital Developments will not accept service cancellation without notice.
Website Design, Development & Support
- The Customer will receive a website design mock-up via the proprietary Mock-up Manager© software based on the design brief submitted. The customer may request a reasonable number of changes to the concepts until the design is to satisfaction. Approximately 2-5 is normal.
- The website, graphics and any programming code remain the property of Digital Developments until all outstanding accounts are paid in full.
- If a logo has been purchased from Digital Developments alongside a website design, the logo will need to be signed off on before the website design commences.
- Digital Developments WordPress websites are self-managed and Digital Developments is not responsible for any copy, editing or updating of the Customers website. Digital Developments is under no obligation to do any work on your website unless otherwise contracted to do so.
- All websites and landing pages will be delivered as shells with pages/posts filled with dummy or priorly-provided text and images. The Customer is solely responsible for inserting copy, products and/or images etc.
- While the Customer maintains full ownership of the website’s content and design (after the balance has been paid), some elements of the website designs remain the copyright of Digital Developments.
- Support, FAQs and manuals are available free of charge in each user account and on http://www.digitaldevelopments.com.au/support-centre/ to assist customers to update their websites.
- Two hours of WordPress CMS Training is provided as part of the quote for website design. Added training sessions are billable at $140p/hour +GST
- Should hosting be purchased through Digital Developments, each website account is allocated the stated bandwidth and disk space and any additional usage will incur an additional charge. Digital Developments will monitor the Customer’s usage and if Digital Developments anticipates that your website may require more bandwidth/disk space, the allocation will be increased and purchased automatically. Please see our website for allocations and pricing. When additional bandwidth/disk space is purchased, the activation of the disk space is provided as the website requires it up to the purchased amount. Although Digital Developments monitors the bandwidth/disk space usage of the Customer’s website, Digital Developments does not take responsibility for any website going offline due to exceeding bandwidth or disk space. In the event of a website going offline due to bandwidth or disk space issues, however, Digital Developments will endeavour to return it to its last working state should the Customer reactivate or update their hosting service.
- On all Digital Developments websites there is a built-in authorship anchor tag that links to the Digital Developments website. This anchor is linked from the footer of the Customer’s website. The footer link cannot be removed during contract with Digital Developments.
- Digital Developments will provide a warranty for the term of 90 days proceeding the date of Website completion (as stated by email to the Customer) in which bugs and defects presented to Digital Developments will be repaired for no charge. Once this 90 day term expires, Digital Developments will not be liable for any bugs or defects that present themselves or are otherwise missed by the Customer. Changes, fixes and bugs (outside the warranty stated under Website Hosting item 1) may be billable.
- A manufacturer warranty will also be provided once the website is put live for the span of 12 months to cover any hosting issues, including but not limited to: server updates, server restarts and server patches. It is up to Digital Developments to decide what constitutes a bug that is a result of hosting issues covered above.
- Digital Developments will endeavour to fix all issues that we are notified of within 48 hours of bringing the problem to our attention, or upon acceptance of quote for fix (whichever applicable).
- Digital Developments only supports web browsers released within the term of 12 months proceeding the date of Website completion. Any required compatibility may incur an additional charge.
- Digital Developments only email clients released within the term of 12 months proceeding the date of email newsletter completion. Any required compatibility may incur an additional charge.
- Digital Developments is not liable in the event that an email newsletter or HTML based email does not display properly if the email client/program/website/application does not support current standards for email development.
- Digital Developments is not liable in the event of bugs and issues that a completed website is removed from its originally installed server without Customer’s notice to Digital Developments (unless otherwise stipulated in a previously stated warranty).
Financial Arrangements for Websites
- The cost of the Digital Developments Website (including, but not limited to Brochure Websites, Shopping Cart Websites and Landing Pages) is a set price for design and installation. Digital Development guarantees no ongoing fees (unless otherwise contracted to invoice for ongoing fees).
- Quoted estimates are valid for 30 days from the date of issue. Our payment schedule is as follows:
- 40% of the total project cost as a deposit prior to the commencement of work.
- 40% of the total cost will be invoiced on final approval of full website mock-up
- The final balance of 20% will be invoiced upon project completion & testing at the commencement of the 90-day warranty.
- In the event of any variations or extensions to the project, or should the Customer wish to engage Digital Developments on a time and material basis, all work will be undertaken in accordance with our hourly rates of $140 p/hour + GST.
- The deposit for graphic design work is due upon acceptance of the quote. The balance is due when the artwork has been approved, prior to the final sending of graphical files.
- Any further changes after sign off will need to be quoted and billed separately.
- For logo design services, Customers will receive an indeterminate number of design concepts by email based on the design brief. Customers can request a reasonable number of changes to their chosen concepts until the design is to their satisfaction. Approx. 2-5 rounds of changes are normal.
- Upon sign off when the design is completed, the Customer will receive the final graphic design files via email or through alternative file delivery methods.
- Digital Developments hands all artwork over in a print ready file for the Customer’s use. It is the responsibility of the Customer to check all content, contact emails, phone numbers, email address or any other requested details are correct. Digital Developments will not be held responsible legally or otherwise for any errors on the artwork that was not noticed prior to artwork use; including, but not limited to, spelling, grammar, colour issues or typing errors. Digital Developments recommends getting a “Chem Proof” from your printer prior to the final print run.
- All Digital Developments graphic designs remain the copyright of the Customer. Ownership will be transferred to the Customer upon receipt of full payment.
- There is no guarantee made by Digital Developments that the requested domain name(s) are available, or are able to be registered under the requested suffix.
- Digital Developments is in no way liable for the requirements of domain names, including – but not limited to – domain name registration, renewal and/or transfer.
- Digital Developments expressly does not host code written by anyone other than Digital Development developers (past or present).
- Digital Developments guarantees the health of the WordPress Website through only browser updates and styling issues when said Website is built by Digital Developments and is still within a period of a year while the website is hosted with Digital Developments. It is up to the discretion of Digital Developments to decide what issues merit guarantee. Fixes of these problems mentioned incurs no charge, and services for Website fixes or changes which fall outside of these stipulations are billable.
- Invoices for Yearly Hosting Services are invoiced for a month in advance. Hosting invoices are due within 30 days of issue; failure to complete the balance of the invoice may result in an interruption of service.
- Should a Customer’s Service be interrupted, a reconnection fee of $45+gst will be added to the outstanding bill.
- Reconnection of interrupted service may take up to 48 hours.
- Digital Developments assumes no responsibility for the timelines, deletion, mis-delivery or failure to store your communications, personalisation settings or any other information stored on the Customer’s hosting service.
- Digital Developments is not liable for any content that is linked and/or embedded from an external source that may disappear due to the server’s connection that the linked/embedded content resides on is interrupted. Additionally, should the linked or embedded content breach copyright or any other associated laws (including those stated in this Terms Agreement), Digital Developments reserves the right to remove it without notice to the Customer.
- In the event of server compromise, Digital Developments will endeavour to return the Customer’s website to its previous working state as soon as is reasonable, but is not responsible for the content lost when reinstating any website that has been compromised.
- Digital Developments is not liable for any compromise due to outdated WordPress software and plugins, or outdated browser software.
- In the event of website compromise due to outdated WordPress software and/or plugins, the Customer will be billed for updating the website installation.
- If the customer refuses the service of updating WordPress and associated plugins, Digital Developments reserves the right to void all warranties and guarantees associated with a contract with Digital Developments.
- Digital Developments holds the Customer under no contractual obligation to remain hosting with Digital Developments and services may be terminated at any time. Bills paid in advance are non-refundable, and all outstanding invoices must be paid in full.
- Additional capacity and bandwidth may be purchased for a pre-set fee and are applicable for the term of the hosting until the next invoice for renewal (once yearly) or until a month has passed, whichever comes first.
- Digital Developments reserves the right to change the price of hosting packages without notice. Existing hosting services rendered will not be hitherto affected by any pricing change unless Customer is otherwise notified.
- If the Customer informs Digital Developments to place their website on another server, a Set Up Fee may be incurred based on the type and location of the server, as well as the complexity of the website being built.
- You are responsible for keeping a copy of any existing Web Site which we may replace pursuant to the provision of web design services including all databases and hosted files. Digital Developments can provide an archival solution for the existing website at our standard commercial rates.
- This agreement may not be transferred under any circumstances with the exception of written consent from Digital Developments.
- Digital Developments websites can be transferred away from Digital Developments servers at any time, but all warranties become void and Digital Developments will not longer be liable for the website or its contents. Domain names will always remain the property of the Customer and are – if possible – registered under the Customer who ordered them.
- This Terms Agreement establishes the absolute understanding of all parties involved. Upon the renewal of services pertaining to this Agreement, any changes or modifications made within the term of service are thereto agreed to by both parties.
- This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.
- Digital Developments shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made by the Customer using Digital Developments’s server. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer.
Hardware, Equipment & Software
- It is assumed that the Customer required knowledge to maintain the Digital Developments WordPress website. The Customer agrees that it is not the responsibility of Digital Developments to provide this knowledge or maintain the website in the Customer’s stead without the purchase of additional services and the previously defined support.
- Digital Developments makes no guarantees, assurances or warranties that the compatibility with the Customer’s computer equipment and/or software will be compatible with any Digital Developments product or service.
- It is the Customer’s sole responsibility to provide all personal or company details necessary for the access to Digital Developments websites.
Limitations of Liability
Digital Developments is not liable to the Customer (whether under contract or otherwise) in the following stipulations:
- There is no express guarantee from any party, affiliate, agent, merchants or licensers, etc. that any Digital Developments services or products will not be interrupted or error-free.
- There is no express guarantee that the accuracy, reliability or content of any information or service contained in, or provided through the Digital Developments servers (including websites) unless otherwise expressly stated in this agreement.
- Digital Developments is under no responsibility for any damage to the Customer’s computer systems, nor the loss of data as a result of download, use or further distribution of any material – digital or otherwise – from the Digital Developments websites, or any of its affiliates or active clients.
- Digital Developments, including its officers, agents, employees etc, are not liable for (including through negligence) any direct, indirect, incidental, special or consequential damage resulting from the use, or inability to use the Digital Development services, or from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission or any failure of performance whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to Digital Developments records, programs, servers or services
- Regardless of the above, the Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the combined dollar amount which the Customer paid during the term of this Agreement and any reasonable attorney’s fee and court costs.
- Digital Developments and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if Digital Developments is aware of the risk of such damages, that result in any way from the Customer’s use or inability to use the online services or the software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or the software.
- Digital Developments disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer.
- Digital Developments expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly or yearly charge during the service unavailability. Digital Developments specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
- Use of any information obtained by way of Digital Developments is at the Customer’s own risk, and Digital Developments specifically denies any responsibility for the accuracy or quality of information obtained through its services.
- Digital Developments cannot be held liable, nor control the actions of Digital Development website users, visitors or linked third parties.
This proposal assumes goodwill from both sides regarding:
- What can reasonably be achieved in a given time frame
- Making best use of resources to achieve the most effective outcomes
- The Customer warrants the right to use the applicable trademarks, if any.
The Customer agrees that it shall defend, indemnify, save and hold Digital Developments harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Digital Developments, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless Digital Developments against Liabilities arising out of;
- any injury to person or property caused by any products sold or otherwise distributed in connection with Digital Developments’s server
- any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party
- copyright infringement
- any defective product which the Customer sold on the Digital Developments Server
Governing Laws & Severability
This agreement shall be governed in all respects by the laws of Victoria, Australia. All involved parties are to irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of Digital Developments, services as specified in Section 2. Cancellation & Refund.
All Digital Developments prices are listed in Australian dollars (AUD)