Website Design and Development Terms

Revision date: Monday, 17 March 2014

In addition to the General Terms, the following terms and conditions apply to the Website Design and Development services provided by Web3k.

  1. General
    1. The term Website Design and Development refers to any work associated with designing, building, creating and installing a website.
    2. Web3k uses third-party software to develop and run Your website and to also provide content management system functions to allow You to edit Your website. You acknowledge that Web3k has no direct control over the third-party software used and uses best endeavors and to the best of its ability, to secure the third-party software used upon installation and launch of Your website. This does not include the ongoing maintenance and updates of the software used, for which an additional subscription can be purchased.
  2. Fees
    1. All Fees are outlined in the Payment Schedule.
    2. In the event additional fees are required in order to complete the project, these additional fees will be discussed, quoted and agreed upon with You before proceeding.
    3. Under this agreement, email communication is considered a satisfactory method for the approval of additional fees and will form as part of this agreement.
  3. Cancellation Fee
    1. In the event of termination after a website design and development agreement is executed, a pro-rata cancellation fee of the total cost of the project outlined in the Project Description shall be paid by You to Web3k to cover costs incurred.
    2. For the avoidance of doubt, the pro-rata fee is calculated based on Total Cost outlined in the Payment Schedule and the agreed delivery timeline outlined in the Project Description.
  4. Content
    1. All content (text, images, photos, diagrams etc) shall be supplied by You unless copywriting and image services are quoted and provided as part of the Project Description.
    2. Content in text form shall be provided by You in the form of a Microsoft Word document.
    3. Content in image form shall be provided in the highest resolution possible.
    4. You acknowledge that You full usage rights to the Content supplied. For example, the Content shall be free of royalty restrictions, copyright and is Your own work.
    5. If the Content is not Your own work, You acknowledge the appropriate royalties have been purchased for the Content supplied and Web3k takes no responsibility and is not liable for its use within the Project Description.
  5. Ownership of Work
    1. Upon completion and full payment by You for the website design and development work outlined in Project Description, Web3k transfers the completed work and copyright in the form of a functional website to You.
    2. Any Content (text, images, photos, multimedia etc) purchased by Web3k and directly billed to You will be transferred to You under the Ownership of Work clause.
    3. Web3k retains the right to re-use code, images and other inventory for other projects that were purchased for the purpose of shared-ownership and use or where not billed directly to You.
    4. All material(s) developed under this agreement and intended for publication to the web remain the property of Web3k until such time final payment for the work outlined in Project Description has been tendered by You.
    5. For avoidance of doubt, website design and development undertaken under this agreement will not be published until the final payment for the work outlined in Project Description has been tendered by You.
  6. Credit and right to use for promotional / educational purposes
    1. You agree that Web3k may put a ‘byline’ and ‘link’ on Your website establishing design and development credit.
    2. You also agree that Your website may be included in Web3k’s portfolio.
    3. Where applicable, You will be given any necessary credit for usage of the project elements.
  7. Product Schedule / Delivery of Project
    1. Web3k and You acknowledge that Web3k and You must work together to complete the web design and development project in a timely manner.
    2. Where a web design and development project is put on hold by You, Web3k reserve the right, at its sole discretion, to request payment for the remaining monies owed based on the quote provided.
    3. While all care is taken to deliver the items outlined in the Project Description within the timeframe advised, Web3k shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of Web3k.  If such event(s) occur, it shall entitle Web3k to extend the completion/delivery date, by the time equivalent to the period of such delay.
  8. Domain Name Registration
    1. If a Domain Name is required by the customer Web3k will register a domain name on behalf of You at Your request.
    2. Fees associated with Domain Name Registration will be charged to You unless explicitly noted in the Project Description.
    3. While all care is taken to register Your desired Domain Name, You acknowledge that Your first preference may not be available.
    4. You acknowledge that if you request Web3k to register a domain name on your behalf, the domain name registration terms apply to your request and subsequent domain registration.
    5. If You already have a Domain Name registered, Web3k will require access to manage the Domain Name on behalf of You during the handover process, which may require the exchange of usernames and passwords for the aforementioned service. While Web3k ensures the highest level of security in maintaining username and passwords in confidence, Web3k cannot be held liable or responsible where a third part acquires these details during transit to Web3k.
  9. External Web Hosting
    1. You acknowledge that by using an External Provider for web hosting, Web3k has no control over the platform(s) of the external web hosting provider and is limited in its ability to troubleshoot in the event an issue arises.
    2. Websites are developed by Web3k on its own web hosting platform, which is optimised in a particular way. Web3k cannot guarantee that web hosting platforms with an External Provider will be optimised in the same way, or that features available on Your website or Web3k’s hosting platform will be available on other External Provider web hosting platforms.
    3. You acknowledge that Web3k cannot guarantee the security of Your website when hosted with an External Provider and if an issue arises to this effect, Web3k will be limited in its response.
  10. Ongoing Support
    1. Following project handover, or the installation of Your website, Web3k shall provide 20 Business Days of ongoing support to You for Your website. This initial ongoing support includes content updates, corrections to previous work and code and general maintenance. For avoidance of doubt, this does not include changing major design elements of Your website.
    2. Following the initial support period, requests from You to perform work or updates to Your website will incur an hourly fee. This fee will be quoted to You and work will not begin on the agreed work until You agree and tender payment for the fees quoted.