RHYTHM WEBSITES AGREEMENT TERMS & CONDITIONS
The following terms and conditions set out below form part of the agreement between RHYTHM WEBSITES and you, the Client. By signing a RHYTHM WEBSITES agreement or paying any Website invoice to RHYTHM WEBSITES, the Client understands and accepts the terms and conditions described on this page. Any questions or disputes need be raised prior to entering an agreement with RHYTHM WEBSITES. The terms and conditions here are governed by the laws of New South Wales, Australia.
WEBSITE WARRANTY & SUPPORT
1. Warranty is a written assurance that Client’s website performs as required upon the conclusion of the project.
2. Support refers to any general help or advice given that is not related to any warranty issues
Up to sixty (60) days after the site first goes live, RHYTHM WEBSITES will make any repairs and/or modifications required to the website to bring it back to full working order, free of charge. However, if there is evidence the website has been modified by the Client and/or a third party, the website will not be deemed original and the sixty (60) day warranty period will be void.
All website design and development repairs and/or modifications not covered by the warranty will be billed at a rate of $50.
• Support will be included free of charge up until the day the website becomes live on the internet
Unplanned components, ideas, excessive revisions, and increased project scope can happen. When there is an unexpected event that will incur a cost, we will notify the Client ahead of time and will not bill unless we receive clear approval for increased budget and timeline. Changes to a brief later in the design process may lead to extra design and/or development hours which were unexpected in the initial quote.
The Client shall be responsible for any additional costs that their job might incur. i.e. print costs, signwriter’s fee, copywriter, stock photography, or any other outside of agreement work etc.
Additional Billable Hourly Rate: $50, billed to the quarter of an hour However, most additional projects and/or project modifications will be scoped and bid on a fixed-price basis.
OWNERSHIP OF ARTWORK
All artwork is retained by RHYTHM WEBSITES, that is, RHYTHM WEBSITES and RHYTHM WEBSITES is given liberty to take credit for the work (unless arranged otherwise).
Some contract work will require a signature of RHYTHM WEBSITES on the artwork itself to preserve credit. This may be mandatory for contributions to magazines or book use where RHYTHM WEBSITES requires name credit in print.
If this job requires a signature and/or attached credit then please notify RHYTHM WEBSITES immediately.
FAILURE TO PAY FINAL PAYMENT
Once all revisions are implemented and the Client is satisfied, then the Client will sign-off on the artwork(s) and/or website. Then the final payment will be due – prior to the release of all high quality artwork in the desired formats and/or full control and ownership of the website.
After 10 business days of outstanding payment on the final payment, a two percent (2%) penalty will be added fortnightly for unresolved invoices for signed-off artworks and/or website builds.
Project deliverables will not be made available to the client until the final invoice is resolved. If an account is not satisfied within 40 business days from the time of final payment being required, Third Party Debt Collection may be initiated.
WARRANTY OF ORIGINALITY
RHYTHM WEBSITES warrants and represents that, to the best of his knowledge, the work assigned is original and has not be previously published, or that consent to use media has been obtained.
LIMITATION OF LIABILITY
RHYTHM WEBSITES maintains the right to terminate a project if he deems it unethical or illegal at any stage.
The Client agrees that it shall not hold RHYTHM WEBSITES or his agents liable for any incidental or consequential damages that arise from RHYTHM WEBSITES’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of RHYTHM WEBSITES or his agents.
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GOODS & SERVICES TAX (GST)
Under ATO regulation RHYTHM WEBSITES are not required to collect GST and therefore will not charge clients GST.
Either party may cancel this Agreement by giving fourteen (14) days written notice to the other party of such cancellation. In the event of cancellation of this agreement, RHYTHM WEBSITES shall own all rights to the Work other than work that has been finalised and approved by the Client.
A cancellation fee for work completed, and expenses already incurred, shall be paid by the Client. RHYTHM WEBSITES shall have the right to bill pro rata for work completed through to the cancellation date as long as it was done in compliance with the Scope of Work section, while reserving all rights under this Agreement. A 100% cancellation fee is due once the website has been fully designed and developed, whether live or delivered to the client, or not. Additionally a cancellation penalty fee is due of a flat fee of $250 or 50% of the remaining hours that were expected to be completed on the project, whichever is greater.
CODE OF FAIR PRACTICE
RHYTHM WEBSITES warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent for use has been obtained on an unlimited basis; that RHYTHM WEBSITES has full authority to make this agreement; and that the work prepared by RHYTHM WEBSITES does not contain any scandalous, libellous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of RHYTHM WEBSITES’s product that may infringe on the rights of others.
The Client expressly agrees that it will hold RHYTHM WEBSITES harmless for all liability caused by the Client’s use of RHYTHM WEBSITES’s product to the extent such use infringes on the rights of others.