Terms & Conditions

Last updated 1 September 2016

If you agree to appoint JMarketing to work with you on a project, you are bound by the following Terms & Conditions.

Summary

JMarketing will always work hard to fulfil your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if anything should go wrong.

In this contract you won’t find complicated legal terms or large passages of unreadable text. There is no desire to trick you into signing something that you might later regret. This agreement is aimed to set out what’s best for the safety of both parties, now and in the future.

In short You (The Client) are hiring us (JMarketing) to work with you on your digital project for the estimated total as outlined in proposal.

Agreement

As the customer, you have the power and ability to enter into this contract on behalf of you, your company or organisation. You agree to provide everything needed to complete the project including text, images and other information as and when its needed, and in the format asked for. You agree to review the work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out in this contract. JMarketing has the experience and ability to perform the services you need and these will be carried out in a professional and timely manner.

Along the way JMarketing endeavours to meet all the project deadlines however JMarketing can’t be responsible for a missed launch date, deadline or unfinished website because you have been late in supplying materials or have not approved or signed off on work in a timely way.

We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price outlined in the proposal is based on the length of time we estimate we’ll need to accomplish everything you’ve told us you want to achieve and is outlined in the proposal, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem, just let us know and we can provide a separate estimate for that.

On top of this JMarketing will also maintain the confidentiality of any information that you give us.

Content and Site Architecture

Designing and developing a website isn’t just about making things look good, it’s about solving problems and providing a good user experience. Therefore we require all your content is ready prior to the design phase. We also work with you to map out a suitable structure for the website to ensure that it’s intuitive and easy to use. We ask you to sign off on the content and structure before moving on to the design phase. Any changes to the content and structure after this time incur additional fees. You will be notified in writing before proceeding.

Website Design

JMarketing will present a design to meet the look-and-feel, layout and functionality for your website with high fidelity mockups.

We create look-and-feel designs, so that we can get to the development phase of the project, we won’t waste time mocking up every page as a static visual. These static visuals are an indication of a look-and-feel direction (colour, texture and typography.) We call that ‘design atmosphere.’

We will present to you one initial design concept that includes the home page and may include up to 3 subsequent content pages.

You’ll be provided a timeframe to review our work and provide feedback. You are entitled to 2 iterations of the design included in the project fee. However if, at this stage, you change your mind about the direction the design needs to take, you have two options; 1) we can provide a new cost to execute the design changes which match your updated requirements or 2) if you’re not happy with the direction of the work and want to terminate, you’ll pay us in full for everything we’ve produced until that point and cancel this contract.

Changes, Revisions & Additions During Development

JMarketing understands that for any project there are always revisions during the development process to ensure the project meets your needs. We allow up to 2 rounds of revisions for minor changes to the content, images and other content types. Beyond this we will charge for additional revisions. This includes but is not limited to minor revisions that prolong the timeline (see below), or revisions that impact on structure, design and development. You will be notified about the additional cost before we do any further work and an agreement for additional charges will be sought via email.

Extended Timeline

The timeline that is proposed for your project is based on the key dates you’ve provided us, and the ability for JMarketing to provide adequate resources to your project.

If you change the:

1. start date to your project and/or

2. go live/launch date for your project,

there will be a charge based on the extra time required for our time/resources. You will be notified about the additional cost before we do any further work and an agreement for additional charges will be sought via email.

Payments

Unless stated in your proposal, payment terms are:

1. 40% deposit

2. 30% after the design presentation (or earlier if the timeline has been extended)

3. 30% prior to the site going live

4. We have a strict 7 day payment policy and it’s important that you pay all invoices promptly so that your project can keep to the outlined schedule. Failure to do so may cause the project to slow down or be put on hold resulting in missed deadlines. If you’re company has different payment terms, please discuss with us prior to starting the project so we can set out an appropriate schedule.

All fees quoted for projects exclude web hosting, domain name registration, copywriting, marketing (including SEO, SEM etc.), stock imagery, font licenses, liaising/setting up hosting or email, purchasing of third party plugins, or any other conditions outlined in the proposal document.

The payment schedule has been outlined in the proposal sent to you. Deposits are non refundable after 14 days of receipt.

For projects that run overtime, we reserve the right to split final payments to cover cost of resources for additional time.

SEO (Search Engine Optimisation)

We can assist you with foundational SEO and recommend SEO strategies for your site, however SEO is a separate product to be discussed outside of the website project.

Browser Testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

Desktop Testing

We test our work in current or latest versions of the following major desktop browsers:

1. Apple (Safari)

2. Google (Chrome)

3. Microsoft Internet Explorer*

We won’t test in other older browsers unless you specify otherwise (during scoping). If you need an enhanced design for an older browser, we can provide a separate estimate for that.

* As of January 20 2016, we no longer support Internet Explorer 9 or 10. On January 9 2016, Microsoft announced that they have dropped support for Internet Explorer 9 and 10 with view to keep their browsers automatically updated as per Chrome and Firefox. Although the phase out of IE 9 & 10 on Window’s 8 will be complete by 2018, we don’t see any benefit in supporting these browsers on any Window’s platform regardless.

Mobile Device Compatibility

Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. Our responsive websites suit a wide variety of screen sizes however we test and guarantee our work in these most popular devices:

• iOS (Safari browser)
• Android (Samsung Galaxy, Chrome browser – current generation of this device)
• Responsive Design Breakpoints:
• Standard desktop (full size 1080px) 1140px+
• Small (older) desktop 1139px and below
• Mobile/tablet landscape 1023px and below
• Mobile/tablet portrait 767px and below

As there are many different devices out on the market, we will only design for and test for the above devices, anything outside of this is not supported including Blackberry OS or Blackberry QNX, Opera Mobile, Symbian, Kindle or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.

Licenses of 3rd Party Products

We offer services which often incorporate the use of 3rd party services and products. We may install these products on to your site utilising our developer’s license. In these cases, if you wish to terminate your engagement with us but wish to maintain use of these licensed products or services, we will notify you of the licensing terms and give you an option to purchase an independent license for your site to continue using it/them.

Text Content

Sometimes during the design process, JMarketing will advise as to how to make your copy more ‘web friendly’ and will present some alternatives to you that will suit the design. JMarketing will also do some basic proofreading, however it’s your responsibility to ensure all copy is error free and reading correctly on the site. In general, JMarketing is not responsible for writing, editing or proofreading your project copy unless specified in the original estimate.

We can provide copywriting services and would be happy to quote you for this if need be.

Photographs and Site Imagery

You will supply photographs in digital format and high resolution. If you choose to buy stock photographs JMarketing can suggest vendors of stock photography. Images bought for the sole purpose of the project will be charged back to you.

Consultations & Work In Progress Meetings (WIP’S)

To scope and better understand the project we always provide one complementary consultation prior to the proposal. If you require additional scope, or reporting for your company during the consultation phase, we can do so and will provide an estimate for this. During the project set up stage, we will determine and communicate the required amount of WIP’s and correspondence to meet the project objectives. However, if additional consultations/meetings or correspondence is sought, we reserve the right to charge for these.

Technical Support

We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting provider and you might even manage that hosting in-house; if you do, great. If you don’t, we can refer you to one of our preferred hosting providers who can set up an account for you. Updates to, and management of that server/emails will be up to you and your hosting provider.

Training

If additional training above and beyond the training given as part of this project is needed, we are happy to provide you with an estimate.

Maintenance

Your website will need maintenance to ensure that it stays updated and secure. Web maintenance is not included in this project and is  billed separately. We do offer affordable yearly maintenance plans to ensure that your CMS software stays up to date and protected from malware and hackers. If you’re interested, we can send you details about this separate to this project proposal. Web maintenance should not be carried out by you and JMarketing will not be liable for any issues caused as a result of this.

Confidential Information

We take confidentiality very seriously. Therefore each party acknowledges that in connection with this agreement it may receive certain confidential or proprietary technical and business information and materials of the other party, including, but not limited to, preliminary works, client and product data. Each party, its agents and employees shall not disclose confidential information to any third party or use any confidential information except as may be necessary to perform its obligations relevant to this agreement, or as may be required by a court or governmental authority. Notwithstanding the foregoing, confidential information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.

Warranties & Liabilities

Our work comes with 1 month of complimentary post project support. In the unlikely event that defects, bugs or issues are detected on the site after launch, these will be fixed for up to 1 month from the site launch. Anything after this time will be billed separately.

JMarketing works hard to ensure that your website will be forwardly compatible with new browser updates and improved web technology however there is no guarantee that the functions contained within a website will always be error-free. In the event that there are errors due to browser or device updates, plugin updates, WordPress updates or theme updates after the 1 month period, we will be available to assist and troubleshoot with priority when there is an issue and can provide a cost for this. To keep the website updated, secure and running well, we recommend our annual maintenance plans which include resolve of issues as a results of updates in real time.

JMarketing can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Expenses

It is your responsibility to reimburse JMarketing for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment, and shall advance the payment of said expenses, including but not limited to Stock Photography, Artwork, and or material needed for the project.

Cancellation & Dispute Resolution

In the event of cancellation of this assignment by the client due to dispute, funding withdrawal or insolvency, ownership of all materials and copyrights of work made by JMarketing will be transferred to the client when the client has paid for work completed, and expenses already incurred. Additionally, all deposits paid for project confirmation are non-refundable.

Disputes are resolved as follows:

1. A negotiated outcome: here JMarketing and the client agree to come together and negotiate an outcome that is suitable for both parties.

2. A mediated outcome: where both parties use the services of an independent mediator to help them arrive at a suitable outcome for both parties (each party is liable for their own costs for this).

3. An arbitrated or adjudicated outcome: where an independent arbitrator or court determines how the dispute is to be resolved and makes a binding decision or order to this effect (each party is liable for their own costs for this).

Copyrights

First, you guarantee that all elements of text, images or other content you provide are either owned by yourselves, or that you have permission to use them.

Then, when your final payment has cleared, copyright will be automatically assigned as follows:

1. You’ll own the visual elements that we create for this project. We’ll give you source files and finished design files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.

2. As all code is either open source or purchased by licence to use, you will have access to all website code files, licences (where you’ve purchased them and we will make these explicit during the development where these are needed), login files for all your website panels, dashboards, Google analytics and any other accounts needed for the development of this project will be passed once final payment has been received.

You will be free to use all design source files, code and other elements used in the development of the project once the project has completed. For third party licences (eg: for extensions/plugins used during development, for which you will have purchased and have permission to use) you will be bound by the third party licence agreement which will be made explicit to you during the course of the development.

JMarketing loves to showcase and share the work that has been created and learned with other people and the open source community, so JMarketing also reserve the right to display and link to your completed project as part of its portfolio, in presentations or to write about the project on websites, in magazine articles and in books about web design.

Intellectual Property

Client Content. Client Content, including all pre-existing trademarks and copyright material, shall remain the sole property of client, and client shall be the sole owner of all rights in connection therewith.

Third Party Materials. All Third Party Materials such as plugins, extensions and stock assets are the exclusive property of their respective owners. We shall inform you of all third party materials that may be required to perform our services or otherwise integrated into the project. Under such circumstances, we shall also inform Client of any need to license.

You cannot transfer this contract to anyone else without permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.   Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Australian courts.

By signing the proposal and agreeing to use our services, you are agreeing to the outlined terms and conditions.