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Authorization.
The named client is engaging OE Design, as an independent contractor for the specific web design project of developing and/or improving a website, hereinafter referred to as "web design project" to be installed on the client's web hosting account, hereinafter refer to as "Hosting Service". The client hereby authorizes OE Design to access this account, and authorizes the Hosting Service to provide OE Design with "full access" to the client's account, and any other programs needed for this web design project that are included as part of the client's service agreement/level. If however OE-Hosting host their clients site OE Design will take full charge of this facility. The client also authorizes OE Design to submit the completed web design project to major Web Search Engines and business directories at the discretion of OE Design.
Development.
The following is included in the quoted web design project rate:
- Client Web Design Project Detail
- Web Design Package Features
- Web Design Additions or Options
- Browser Compatibility
OE Design standard is to meet as many as possible of the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our websites are available to all visitors.
The client has the chance to make as many changes to the design they want as long as the changes are done in two blocks.
After final approval is given to a design, the client is granted one hour of complimentary design changes as part of the sale. For design changes taking more than one hour the rate will be $150 plus GST per hour.
Assignment of web design project.
OE Design reserves the right to assign subcontractors to this web design project to insure that the terms of this agreement are met as well as on-time completion.
Copyright and Trademarks.
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to OE Design for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend OE Design and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Website Maintenance.
This agreement allows for minor website maintenance to pages over a 6-month period, during business hours, including updating lines and making minor changes to a sentence or paragraph. It does not include updating replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes, attempted updates by client repairs or web design projects delivered to the client via diskette. The period of 6 months begins on the date the client's web design site has been published to client's hosting service or 30 days from the date this agreement was signed, which ever comes first. If the client's web design package includes database access using PHP: Hypertext Pre-processor (PHP), then very minor page code changes will be accepted under this maintenance plan, major page code and/or database structural changes will be charged at current hourly rates.
If the client is using the OE Design Content Management System (CMS), OE Design is not responsible for making changes or adding any text or photos. OE Design will give free support for using the CMS. The CMS cannot be used on another website or be resold by the client unless they have written permission by OE Design.
Completion Date.
OE Design and the client must work together to complete the web design project in a timely manner. We agree to work expeditiously to complete the web design project no later than 8-10 weeks after the client has submitted all necessary materials and the design is underway.
Please note that on completion of the web design project, any materials supplied to OE Design by the client, such as brochures, cds, photographs etc. for the purpose of their design, will be disposed of unless otherwise directed by the client prior to the completion of the job.
Project Delivery.
The website design project will be published to the client's hosting service upon receipt of the full payment. The client understands that OE Design does not provide any hosting services unless requested, in connection with this web design project. The client agrees to select a hosting service that allows OE Design full access to the client's account via FTP. The client will be solely responsible for all hosting service charges.
OE Design takes no responsibility for and makes no guarantees regarding:
- the number of sales or leads gained that come as a result through any client’s website
- growth or loss of business due to the client not maintaining their website sufficiently.
Should a client of OE Design require training in using their Website Editor or any other software provided by OE Design, the client must initiate and arrange to meet with a technician at the OE Design’s Head Office on the Gold Coast. OE Design will provide a complimentary half hour training meeting with clients. Please note that a half hour training session over the phone is also available for out of town clients.
Electronic Commerce Laws.
The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend OE Design and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client's exercise of Internet electronic commerce.
Web Design Project Copyright.
OE Design owns copyright to the web design site produced by OE Design until final payment is received. The client will be assigned rights to use the web design project as a website, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files and computer programs are specifically not transferred to the client, and remain the property of their respective owners. OE Design and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios. Selected websites will contain a copyright with a link to the OE Design website at OE Design's discretion.
Payments.
Payments must be made promptly based on the schedule below. OE Design does not proceed with any website until we have received 50% upfront. Adding of Meta Tags (Description and Keywords) and the submission of the web design project to Web Search engines and updating only occur after the full final payment is made. Completed Websites will not be placed on the Web until final payment is received. All payments will be made in AUS $ funds.
No refund is available on deposits or payments made by the client to OE Design. In exceptional circumstances a written explanation and valid proof can be sent for consideration to the Accounts Dept: OE Design – The Web Designers, PO Box 1218, Mudgeeraba, Q 4213. If a refund is given, any costs incurred by OE Design to that point will be deducted from the payments already received from the client.
Payment Schedule.
By web design projects 50 % by ordering and 50% by publishing.
Client Responsibility.
All clients accept responsibility that they will provide all materials requested by salesperson for the completion of the website within the 8-10 week period from commencement as specified. If for some reason, other than personal tragedy, the client does not fulfil their role by supplying such material, and if the salesperson after repeated requests has received neither satisfactory support nor materials by the client by week 12 of the project, the following processes will commence:
If the client does not supply OE Design with complete text and graphic content for this web design project within 3 months of the date of sale, the client will receive an email requesting all information be sent through in the next 30 days and then an official letter in the mail. Should the client not respond in 30 days the project will be put on hold for three months and will require a reactivation fee for it to be continued. 'Hold' status means that we will no longer be pursuing the client for any further information and the website project will no longer be on OE Design's current job list.
Please note that when the reactivation fee is paid the job will be added to OE Design's current workload but that it will not be prioritized above current projects at that time. If the project is not reactivated in that 3 month time frame the project will be terminated with no refunds given.
Client is responsible to close their previous hosting account when OE Design takes over their hosting for them.
Legal Notice.
OE Design does not warrant that the functions contained in the web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of the web design project is with the client. In no event will OE Design be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, yours or site visitor's computer or Internet software, even if OE Design has been advised of the possibility of such damages.
This Agreement.
This agreement constitutes the sole agreement between OE Design and the client regarding this web design project. Any additional work not specified in this contract must be authorized by a written request. All prices specified in this contract will be honoured for 3 months after both parties sign contracts. Continued services after that time will require a new agreement. OE Design holds the right to nullify any agreement made with the client for any reason.
Copyright/Proprietary Rights.
All materials on this site are the property of OE Design, unless otherwise specified. You must have our prior written permission to use OE Design material, except under the following circumstances: the newsletter may be sent in its entirety to others; it may be printed in its entirety for non-commercial redistribution. None of the site's material may be used for commercial purposes without prior written permission.