Terms and Conditions

At Backbone Web Designs we like to play fair and we like to have satisfied clients. We want our clients to recommend us and we want you to get a great deal from Backbone Web Designs.

But sometimes rules are needed. Terms and conditions help to make sure you are getting what you expect.

These are our terms and conditions. It’s about the only jargon you’ll see from us!

If you have any questions, please ask us.

Definitions

The following terms of business apply to any or all of our services.

“We” and “our” refers to Backbone Web Designs.

“The client” refers to the entity that we are performing services for.

“The website” refers to the software and platform which provides the internet presence for the client.

“Content” is the written text contained within the website.

“Host” refers to the hardware and software platform on which the website runs.

General

These terms and conditions represent the entire agreement between Backbone Web Designs and the client.

Requirements and scope

During the initial design stage the client will provide Backbone Web Designs with clear guidelines from which we will develop a proposal.

The proposal will list the inclusions, general layout, and total cost for the website.  Payment of the deposit indicates agreement to the proposal.

If we propose a website layout to the client, we will allow up to two minor revisions to that design. Further revisions will be charged at our standard hourly rates.

If the client provides a design layout which we then accept, any further revisions will be charged at our standard hourly rates.

Additions or enhancements to the design proposal will incur additional cost and may change the delivery date.

The client is responsible for ensuring the design proposal fully meets their requirements and expectations. Any discrepancy will not be the responsibility of Backbone Web Designs.

We will endeavour to complete the project in the agreed time frame. However we will not be held responsible for any losses, costs or any other liability whatsoever due to failure to meet agreed deadlines.

Website design

Functionality

We will endeavour to design a website according to our interpretation of the design proposal. If you are unhappy with the final design, additional changes can be incorporated for an additional fee.

Where we use third party software, the functionality it provides is the responsibility of the third party, not Backbone Web Designs.

The client’s website may not appear identically in all browsers due to differences in the way they operate. Only the most recent versions of mainstream browsers are supported. Older browsers, such as, but not limited to, Internet Explorer 6 are not supported.

Whilst we take all care to ensure our websites are problem free, the responsibility rests with the client to ensure all the software provided functions correctly before use.

We will not be held liable for any losses, costs or other liabilities incurred by the client, or their clients, due to the malfunction of the website its servers or any part of it for any reason whatsoever.

We will not become involved in disputes between the client and their clients, and will not be held responsible or liable for any actions of the client.

Implementation

At our discretion we may use either our own or both our own and third party code in the creation of your website.

Modification, addition or removal of any parts of the website will require as a minimum, competent skills in the platform(s) we use and may involve knowledge of coding.

Developing code for easy end-user modification (for example template colours or layout) requires significant additional effort. While best efforts will be made to facilitate end-user setup and modifcation, the client may not assume they can modify the website without the above skill-set unless specifically agreed.

Payments

All prices are in Australian dollars exclusive of GST.

A deposit is required from any client before work is commenced.

Depending on the complexity of the work, further stage payments may be required.

The website will be made available for acceptance testing exclusively by the client. Final payment of the full balance must be made before the site is publicly accessible. Receipt of the final payment indicates acceptance of the finished product.

Once final payment has been made, the work is considered complete. A separate support contract must be agreed if the client required support for the website.

Until the full balance is paid, the client has no rights of ownership or to use the finished website or any of its contents or components.

If the final balance is not paid within one month from the due date of your invoice, your rights are henceforth forfeited.

Backbone Web Designs at it’s sole discretion may require a further advance payments if the scope of the project changes. If a client has a change of mind and discontinues the project, there will be no refund for work completed.

All outstanding invoices will incur a late payment fee of 10% of the outstanding amount plus and an administration fee of $25, from the due date. We may also, without notice, terminate any account with unpaid invoices over 60 days old.

Content

Copyright

Any code, scripts or other software authored by us remain the copyright of Backbone Web Designs and may not be reproduced or sold without our written permission.

The rights to photographs, graphics or third party items such as plug-ins or other code, remains the property of their respective owners. Specifically any stock images we use may not be reused as this violates the terms of their license agreement.

We will not be held responsible for any copyright infringements caused by materials submitted by the client.

SEO

Search engines are not in our control and we can only use best efforts to get you results. Where we have agreed to optimise the performance of your website, we cannot guarantee this will be successful. This includes, but is not limited to, your position in search engine rankings, the traffic to your site or the number of customers you gain through it.

Content Creation

Where the client uses our copywriting or content creation services, we will produce content we feel is best written to retain visitors and convert them into customers.

This will involve many factors, including but not limited to keyword research, the client’s product and market, and the client’s competition, consumer behaviour.

The client may make up to two revisions to the copywriting we provide. Further revisions will attract an additional fee. If a client rejects our work and replaces it with their own, no refund will be made for work performed.

Hosting

Fees

Hosting fees are charged annually and are due seven working days before expiry. Failure to renew when due will cause the account to be disabled and may cause loss of all data and will result in unavailability of the website.

Backbone Web Designs will not be responsible or liable for any losses resulting from the disabling of a hosting account, nor for any loss of data or costs to reinstate the account.

If an account remains disabled for one month or more, we may delete all data without notice to the client.

Once renewed, hosting remains in place for a full year and cannot be cancelled or refunded.

Hosting may be cancelled in writing up to one month before the due date. For cancelled accounts, copies of data to which the client has ownership can be arranged at additional cost providing this is agreed prior to cancellation.

The client must stay within the limits of the hosting package they have selected, and we will charge additional fees if those are exceeded.

Availability and performance

We take all reasonable steps to ensure we provide a reliable and accurate service to the client. We also take all reasonable steps to ensure the security and integrity of the website and hosting environment.

We specifically do not warrant that the service will be error free, continuously available, free from hackers, viruses or other malware. 

The client agrees that your website does not contain mission critical data or business functions that cannot be independently recovered in the event of total loss.

Resources

Unless otherwise stated in the statement or work or quotation, hosting resources are limited to 100Gb of internet data per month, 20Gb of storage, 5 email accounts and a low volume website typical of a small business. If your website receives high traffic, or otherwise requires additional resources these can be accommodated at extra cost as required.

Domain Registration

Domain fees are charged annually and are due seven working days before expiry. Failure to renew when due will result in service disruption and loss of domain.

We will not be held responsible or liable for any losses resulting from the loss of a domain name due to non or late payment.

We will also not be held responsible if the domain name is no longer available following late renewal. It is the client’s responsibility to ensure timely renewal of the domain name.

Domain names that are current (ie have been paid for in advance) may be assigned outside the control of Backbone Web Designs by the client. We may charge a small transfer fee, and will pass on any incurred costs to the client.

Maintenance

Packages

If a client has opted to use one of our maintenance packages, we will use best endeavours to resolve any problems within the pro-rata hours allocated to that package. We reserve the right to charge an additional fee where support requirements exceed the  hours purchased.

We take no responsibility for and will not be held liable for the performance of any third party software used to provide the client’s website.

You authorise us to access all and any access services, and perform all and any actions, on your behalf while maintaining your website.

Maintenance packages may be terminated with written notice not less than two months in advance. At our sole discretion, we may refund any subsequent unused portion of the maintenance fees.

Backups

All clients are strongly advised to have a backup strategy in place. Where we have agreed to implement a backup strategy for you, the client accepts that loss of data may still occur.

Backbone Web Designs will not be held liable or responsible for any costs arising from errors made by the website owner, third parties or from failure to maintain backups. We will also not be liable for any loss or damage to any data or any resulting liability, costs or losses.

The client acknowledges that situations can still arise where failures, or multiple failures, cause total loss of data (eg complete destruction of the hosting site, malicious activity by hackers). Additional precautions can be agreed separately, at additional cost, if required.

Refunds and termination

If the client cancels the project at any stage, we may at our sole discretion refund part of any payments made less any expenses and fees for work completed and other costs.

If we suspend or cancel your service due to non-payment of invoices, or violation of these terms and conditions, we will immediately block your Web Site and remove all data located on it. We may post whatever notice we see fit in place of your website.

Any data removed or deleted will be retained for fourteen days by us in a format we deem appropriate. You may request a copy of this data within fourteen days of termination, for which we will charge a fee.

All notices of termination from the client must be in writing.

Website use

Where we host your website, we reserve the right to immediately suspend any account which is used in a manner which we feel is inappropriate. This includes, but is not limited to, pornography, infringing copyright, containing or distributing viruses, or any illegal activity.

Privacy

We do not share your personal details with anyone except with your express permission unless required to do so by law.

Equipment

If we require any additional hardware or software for the development or testing of your website that we were not explicitly made aware of prior to commencement of development, the client must provide such equipment at their own cost.

Indemnity

You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.

Exclusion and limitation of liability

To the full extent permitted by law we hereby exclude all conditions and warranties not expressly set out herein. Except as specifically set forth in elsewhere in this agreement, we make or give no express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement. No oral or written information or advice given by us, our resellers, agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties hereby given, and you may not rely on any such information or advice.

Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.

In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

Backbone Web Designs will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.

Disputes

In an event of a dispute, we reserve the right to charge the client in full for the work done in addition to the time and resources spent in managing the dispute. In the event of a dispute all discounts offered to or accepted by the client become void.

Change to terms

We may change the terms and conditions of this Agreement at any time.

Jurisdiction

Any dispute arising from the use of this website will be settled in this jurisdiction.

These Terms of Service are governed by the laws of New South Wales, Australia, even if you are not located or resident in New South Wales. Each party submits to the jurisdiction of courts exercising jurisdiction there, and waives any right to claim that those courts are an inconvenient forum.

Any provision of these Terms of Service that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms of Service nor affect the validity or enforceability of that provision in any other jurisdiction.