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Design Together | Terms and Conditions
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Terms and Conditions

Terms & Conditions

 

These are the terms and conditions that apply to all contracts and all work undertaken by Design Together (DT). It is required that you (The User, The Client) please take time to read through these terms and ensure you fully understand the terms and conditions and their implications before commencement by you of any work carried out by Design Together. As a user of this website, you agree not to reproduce, disseminate, sell, publish, broadcast, or otherwise use any content or material from this site without our prior written consent.

1.  Payment

A 50% deposit of the total fee is payable to Design Together under upon acceptance of any works or services. The remaining 50% will become due when the work is completed to your reasonable satisfaction but subject to the terms “5” & “6”. We reserve the right not to commence any work until the deposit has been paid in full.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work that has been agreed upon. The deposit, in any case, is not refundable if the development work has been started and you terminate the contract through no fault of Design Together.

2. Content

Materials and content, including text, photographs, logos, specific images, and any other related or printed material is to be supplied by the Client prior to commencement of development. Upon acceptance of any work or services, the content and materials we require will be requested from you. Delays in Design Together receiving any material or content will prolong the time taken to complete the work or services agreed upon, and as such we have the right to extend any previously agreed deadlines by a reasonable amount of time. If additional content is requested by the Client, or major changes are requested following the sign off of the work or services, additional charges will be charged at an hourly rate of $55 per half hour.

3. Authorisation

If a website has been developed for the Client, the Client agrees and authorises Design Together to embed the name of its business, to the bottom of each page in small print.
The Client authorises Design Together and its subcontractors to perform services which may include, but is not limited to, accessing your domain control panel, email hosting, DNS, hosting account and disk space, creating databases and applications, and submitting the site to search engines.

4. Force Majeure

No party under this agreement shall be liable for breach of any term of this agreement arising from an act of God, terrorism, natural disaster, or war.

5. Approval

At designated stages through the design process, and upon completion of any agreed work, you will be notified and have the opportunity to review the work completed. You must notify us in writing of any unsatisfactory points within 5 working days of the notification. Any work which has not been reported in writing to us as unsatisfactory within the 5 working day review period will be deemed to be approved. Once approved, or has been deemed approved, work cannot subsequently be rejected, the agreement will be deemed to have been completed and the remaining 50% balance will then become due.

6. Rejected work

If you reject any of our work within the 5 working day proofing period, or not approve further work carried out by Design Together 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 choose to treat this contract as at an end and take measures to recover payment for the completed work.

7. Ownership of Domain Names & Hosting

Upon completion of the work and at your request, we will provide you with account credentials for the domain name registration that we purchased on your behalf. Upon receipt of all payments, you will have full ownership of your domain and you will be free to move your domain name.  Failure to pay your domain renewal, will result in the cancellation of your domain name.
If you no longer require Design Together’s services for hosting, we will supply you with FTP or SFTP details for you to download a copy of your theme files. We can also provide you all your WordPress files. Design Together does not provide access to the plugins, core WordPress Files or the SQL database.  These are the property of Design Together and cannot be exported by a client.

8. Website Ownership

You have ownership of the website supplied by Design Together once payment has been received in full. Design Together will at all times be and remain to be the sole and exclusive owner of any custom web development or software created in any format used or made part of the website which is not provided by you or a third party (open source).  3rd Party software such as plugins remain the property of Design Together, and may not be transferred without prior written approval.

9. E-Commerce

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will defend and indemnify Design Together and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from you or your clients’ use of Internet electronic commerce.

10. Backups

You are responsible for maintaining your own backups with respect to all material and content, including websites and any print material provided by you or to you. We will not be liable for restoring any client material, data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

11. Malicious Software

Malicious software, spyware, viruses and other intrusive software are unfortunately common place on the internet. It is very unlikely that these will affect your website and Design Together will endeavour to protect it whilst being hosted with us. However, we cannot be held responsible for any problems that develop on completed sites as a result of illegal activity or otherwise.

12. Payment Failure

By accepting these terms and conditions, you agree that should you default or fail to arrange payment to Design Together when specified, your information will be recorded and forwarded to default and credit scoring agencies. Monies owed will be forwarded to debt recovery agencies to pursue this debt.

13. Governing Law

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Queensland. Australia. The Client and Design Together submit to the non-exclusive jurisdiction of the courts in Queensland in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

14. Disclaimer

To the full extent of the law, all terms and conditions, their warranties, inducements or representations wether, implied or otherwise, relating in any way to the services we provide to you are excluded. Without limitation to those above, any liability of Design Together under any term or condition, warranty or representation, that by the governing law cannot be excluded is limited as our option to the replacement, re-repair or re-supply of the services or work agreed upon.