Terms & Conditions
Few of our Terms we follow.
We keep it very Transparent
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by NexxGen Designs Sydney, Australia for its clients.
1. OUR FEES AND DEPOSITS
A 50% deposit of the total fee as discussed is due immediately upon you instructing us to proceed with the website design and development work once you like the demo. The remaining 50% shall become due when the work is completed to your reasonable satisfaction. We reserve the right not to commence any work until the due amount has been paid in full. We will simply attain the website live once the balance has been paid.
The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required. The deposit is not refundable if the designing work has been started and you terminate the contract through no fault of ours.
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 any part or parts of the work already completed.
3. VARIATIONS
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 or addition of pages will be charged as discussed.
4. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. 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 on a daily basis 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 it. You must notify us of any unsatisfactory points within 3 days of such notification. Any of the work which has not been reported to us as unsatisfactory within the 3-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 50% balance of the project price will become due.
6. PAYMENT
Upon completion of the 3-day review period, we will invoice you for the 50% balance of the project and only after the balance is paid is when we will attain the website live.
7. LICENSING
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.
Once we complete and execute the work (website is live), if the client or any third party changes the copyright website designed by logo of our company, we will have all the rights to take subsequent action accordingly.
8. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization according to current best practice.
9. SUBCONTRACTING
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
10. NON-DISCLOSURE
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
11. ADDITIONAL EXPENSES
You agree to pay 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(including any marketing strategies such as seo or map listing).
12. BACKUPS
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.
13. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply you with your 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.
14. 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 and/or devices 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.