Terms and Conditions
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Left Brain Solutions for its clients.
1. Fees and deposits
A 40% deposit of the total fee payable under our proposal is due immediately upon approval the provided estimate. The remaining 60% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.
The 40% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours. Extended time frames due to clients failure to deliver content or requirements for the development of work will result in an additional 30% deposit to be paid.
Final product transfers to client upon full payment of all fees and costs.
Fees quoted are based on work performed during the course of regular working hours. Overtime, rush, holiday, and weekend work necessitated by Client’s directive is billed in addition to the fees quoted.
All fees and costs are estimated. Changes in scope of work and/or project specifications require a revision of the information provided on quote.
2. Supply of materials
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for an additional 30% deposit to be paid. In the event the project is prevented from completing due to failure to supply materials we have the right to invoice you for any part or parts of the work already completed.
All content for your project; Text, Images, sound, etc. are to be supplied by the agreed “Milestones“ or deadlines. Work on your job will not commence/proceed until all “Milestone“ or deadline content has been received.
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $90.00 per hour.
4. Project delays and client liability
Our ability to meet deadlines is predetermined upon the Client’s provision of all necessary information and approvals in a timely manner. Any time frames or estimates that we give are based upon your full co-operation and timely supply of materials. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available to us in order to expedite the feedback process.
5. Approval of work
On completion of the work you will be notified and have the opportunity to review. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 60% balance of the project price will become due.’
While Left Brain Solutions takes all care to avoid errors, Left Brain Solutions accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is the “Client” responsibility to proof read and approve all final copy before the production of artwork. The email verification of the Client’s representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved design has gone to print due oversights by “The Client’s” proof reading.
6. Design samples
The Client also agrees to allow Left Brain Solutions to showcase any/all work created in the course of a project as part of Left Brain Solutions portfolio. Left Brain Solutions acknowledges the confidential nature of projects and agrees to only display project work once product/site has been publicly launched/commences. 7. Website design creditThe Client agrees to allow Left Brain Solutions to place a small credit on printed material exhibition displays, advertisements and/or a Left Brain Solutions Graphic or link on the Client website. This will be in the form of a small logo or line of text placed towards the bottom of the page.
The Client also agrees to allow Left Brain Solutions to place websites and other designs, along with a link to the client’s site on Left Brain Solutions own website for self promotional purposes.
8. Rejected work
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us 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 elect to treat this contract as at an end and take measures to recover payment for the completed work.
Upon completion, we will invoice you for the balance of the project. Final Payments are due within 7 Days of receipt of invoice. A late fee will be applied to unpaid invoices that are either 14+ days past due (10% Fee) or 28+days past due (30% Fee)
10. Warranty to you as to ownership of the intellectual property rights
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
12. Search engines
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
13. Consequential loss
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Left Brain Solutions under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
17. Additional expenses
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
19. Ownership of domains and web hosting
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
20. 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 Victoria. You and Left Brain Solutions submit to the non-exclusive jurisdiction of the courts in and of Victoria in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
21. Cross browser compatibility
By using current versions of well supported content management systems such as “Joomla”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Left Brain Solutions and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.