DESIGN TERMS AND CONDITIONS

Luke Hayes values the clients business. Luke Hayes seeks long term, mutually beneficial relationships with clients. To ensure clear understanding for our clients we have clear Design Terms and Conditions.

By engaging any design services from Luke Hayes, you agree to the following Design Terms and Conditions:

 

Important Definitions:

The Client: The company or individual requesting the services of Luke Hayes.

Luke Hayes : The owner of Luke Hayes, Managers working with or for Luke Hayes, designers working with or for Luke Hayes or employees of Luke Hayes

Content: Is text, images, audio files, video, animations that the client requires on their website.

Design Concept:   Is the Style, layout and colour scheme for the Design Project.

Normal HTML Web Page:  Is a web page designed using HTML.  It may provide navigation links to other web pages.  It does include static text and static images supplied by the client. 
There are many extra design services that can be provided, but the following list below are not included as part of a normal HTML web page:


 

Our Web Design Process

We design a website in 5 stages:
Stage 1   Implementation Plan
Stage 2   Graphic Design – Creating a Visual design for the website.
Stage 3   Web Design – Creating the Design into a HTML website
Stage 4   Go Live - Website goes live and final payment is made.
Stage 5   Hand Over - Giving the client admin login details to their website.




Acceptance of Terms and Conditions

The services and products, which are offered to the Client by Luke Hayes Pty Ltd (Hereinafter referred to as ‘Luke Hayes’), are subject to these Terms & Conditions.

 

These Terms & Conditions may be updated at any time by Luke Hayes without notice to you other than by an amended Terms & Conditions contained upon this website. It is The Clients responsibility to ensure that you have checked for any amendments to these Terms & Conditions.


1. NSW Law
1.1  The Client that these Terms of Use are governed by the law in force in the State of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning the Terms of Use.


2. Limitation of Liability
2.1  The Client agrees that Luke Hayes shall have no liability to you or any other person with respect to any loss of service, content, business, indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit/goodwill for any matter whether such liability is asserted on the basis of contract, tort, breach of warranties either expressed or implied.


2.2
The Client agrees to indemnify, defend and hold Luke Hayes harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with The Clients access and/or use of this website.
 

3. Copyright Ownership
3.1  Upon final payment for any agreed design work, The Client will own the copyright on the Clients website design and all other designs we complete for the Client as part of this quote.  Luke Hayes not seek to own any part of the clients design.


3.2
The Client will own the copyright on the client's website and this will be stated clearly at the very bottom of your website in small font along with the acknowledgment that the client's website was design by Luke Hayes.


4. Intellectual Property
4.1 All creation (source) files remain the property of Luke Hayes.


4.2
Luke Hayes retains the right to use all artwork created in advancing the profile of Luke Hayes and to be recognized for artwork created by Luke Hayes.


4.3
Luke Hayes observes Privacy Laws and Guidelines relating to personal data.




5. Copyright Responsibility
5.1  The Client agrees that Luke Hayes takes no responsibility for the clients legal interests, therefore it is the client’s responsibility to ensure that information, logo’s and images comply with copyright law and you have permission to publish the clients selected information.


6. Quote
6.1  All quotes provided by Luke Hayes are valid for 30 days from the original date of issue.


6.2
The quote supplied to the client by Luke Hayes and the Luke Hayes Terms and Conditions is the contract between “Luke Hayes” and “The Client”.


6.3
Any ideas or plans expressed verbally or in writing by the client are not automatically part of the quote.  The only services that are a part of the project, will be those services and features that are detailed in the quote that Luke Hayes has emailed to the client and the client has approved by email or by paying a deposit.


6.4
The Luke Hayes team will fulfil the contract as it is specifically specified and agreed to in the contract.  Often clients will request extra services that were not part of the original agreed quote.  The Luke Hayes team can provide extra services, but any extra work will need to be quoted and approved by the client in writing via email before it is included.


6.5
A single web page is quoted based on it being about one thing (one heading). If the client wishes to include more than one heading on a single, long web page, this will be an extra charge. Each heading is quoted as a separate page even if it is physically located on the same HTML web page as another Heading.
 

7. Variations to original quote
7.1
In the event of any variations, extras or extensions to the original quote, all work will be undertaken in accordance with our hourly rates, unless a new quote is provided that specifically includes the extra tasks.


8. Deposit
8.1  A deposit or any other payments made by the client are non-refundable. Payments are made by the client to cover the time, effort and expertise of the Luke Hayes team for correspondence by email or phone, planning, research, administration, book-keeping and any design work.


9. Maintaining Contact
9.1  The client is responsible for supplying Luke Hayes with accurate and up to date contact details (email, work and mobile numbers). If the client has any change of contact details the client must contact Luke Hayes to update their details.


9.2
If the client has not received contact from Luke Hayes within 5 Business days, the client is responsible for making contact with Luke Hayes.


10. Non-Payment and Suspension
10.1  The Client agrees to pay for all agreed design and marketing work that Luke Hayes does for the clients business. Please note that the clients account becomes delinquent (falls into arrears, un-paid invoices by due date), then Luke Hayes may, at his sole discretion, suspend access to the clients websites administration interface and the clients website can be removed from view on the Internet. As soon as the delinquent invoices are paid in full the clients website and Administration access will be re-enabled.


10.2
The Client is liable to pay overdue interest at 5 % /per fortnight (14 days) on any amounts not paid within 14 days of invoice. All intellectual property rights remain with Luke Hayes until payment.


11. Termination
11.1  Luke Hayes may discontinue services if an amount payable to Luke Hayes is overdue or take down a website permanently in any case where an amount payable is overdue by more than 14 days. In any such event, you remain liable for the total cost of the contract including all disbursements; unless otherwise agreed between the parties.


11.2
If the client decides to terminate the contract after a project has commenced, the client will be liable to pay for all work done up to the point of termination.


11.3
Luke Hayes reserves the right to terminate services at any point in the Web Design process. Any payments made by the client at the time of termination are non-refundable, and are used by Luke Hayes to cover the cost of planning, administration, book-keeping and design work up to that point.


12. Web Hosting – Adobe Business Catalyst
12.1  Unless specifically agreed otherwise (in writing), The clients website will be set up and hosted with Adobe Business Catalyst.


12.2
Web hosting (site subscription) with Adobe Business Catalyst can be cancelled at any time. To do so, all invoices to Luke Hayes and Adobe Business Catalyst must be paid up to date, and notice must be provided by you (the client), in writing or an email message that clearly states you (the client) no longer will be using the Adobe Business Catalyst web hosting and you (the client) want the website deleted. The notice must be provided at least 48 hours before the next Adobe Business Catalyst site subscription renewal fee is due. Once your web hosting account is cancelled with Adobe Business Catalyst, no further billing from Adobe Business Catalyst will occur. Any pre-paid annual subscription balance will not be refunded. You (the client) agree and acknowledge that Business Catalyst has no obligation to retain Customer Data once your web hosting has been cancelled (website deleted).


12.3
Luke Hayes reserves the right to charge a re-connection fee in the event you (the client) have cancelled your subscription with Adobe Business Catalyst or if you (the client) are suspended for not paying your web hosting fees on time to Adobe Business Catalyst and there after request re-connection and access to the service. You (the client) agree and acknowledge that Business Catalyst has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.


13. Using Business Catalyst
13.1  Luke Hayes is not responsible for the client understanding how to use the Business Catalyst system. If training or instructions are required from the Luke Hayes team, this will be quoted separately.


14. Time Frame:
14.1
Luke Hayes is committed to completing the clients design project within the agreed time frame. This is important for the clients business and part of our dedication to helping clients succeed.


14.2
The Client agrees to a set of milestones and the completion date (deadline), which will be set out and agreed to in the quote. This gives both parties a clear understanding of the target and requirements.


14.3
The Client is responsible for replying to emails and phone calls within 48 hours during Monday to Friday (excluding public holidays)


14.4
The client agrees to provide Luke Hayes all materials required to complete the site (files, content and images) in a timely fashion.


14.5
The client agrees to work consistently with Luke Hayes on the HOME page design and agrees to completing and approving the HOME page within 6 weeks from the day the HOME page is started.
If the client does not do their part to complete the HOME page within 6 weeks, a penalty of $199 +gst is added to the clients project budget for PAUSING PROJECT DURING HOME PAGE DESIGN to cover the extra time and expense required by Luke Hayes.


14.6
Luke Hayes will not be liable for costs incurred, compensation or loss of earnings due to the failure by the client or Luke Hayes to meet agreed deadlines.


15. Extensions to agreed time-frames
15.1  Based on the quote and time-frame that the client and Luke Hayes have agreed to, Luke Hayes will allocate resources required to complete the Design Project successfully and on time. If the Design Project exceeds the agreed deadlines by 14 working days, (due to the Client missing milestones/deadlines for the supply of feedback on designs, and providing required information, content, video or images) Luke Hayes reserves the right to charge a project-delay fee to recover costs associated with ongoing management of the project.


16. Putting web design project on hold
16.1  The client can put their website design project on hold at anytime.  The client must request the project to be put on hold in writing or in an email message.  Restarting the Project after being put on hold will incur a $100 +gst re-activation fee.  
   
16.2 If the client is unable to work with the Luke Hayes team on the their web design project for longer than 21 Days, the project will be automatically put on hold.


16.3

Restarting the Project after being put on hold will incur a $100 +gst re-activation fee. This is automatically added to the client's web design budget. 

This re-activation fee covers the extra work imposed on the Luke Hayes team as they have to stop, start, re-engage and re-learn the details of your website project status and the specific details and project inclusions, plus chasing and/or following up with the client.


NOTE:  Wherever possible it is important to keep the web design project momentum moving forward, in order to successfully deliver the website on time and on budget.  The client needs to provide prompt feedback on designs and concepts, provide the required information, domain name access, payments and website content as required during the web design process.



17. Design Concept.
17.1  Luke Hayes will provide the client with initial design concepts for evaluation.


17.2
The Client will choose their preferred initial design concept which will be used as the basis for designing the client’s website.


17.3
Luke Hayes Graphic Design team will use this design concept to create a custom design for The Clients website.


17.4
Luke Hayes will provide up to 10 revisions to perfect the clients chosen design concept. This does not include a total change to the design concept.  If the client does require a total change in the initial design concept, this will incur additional charges.


18. Content for Design Work
18.1  All content for all sections of the website must be supplied by an agreed time. The content supplied must be complete and any new edits to the supplied content will require extra work incurring an extra charge.


18.2
You agree that Luke Hayes assumes no responsibility for accuracy or correctness of content on the clients website. The Client should not assume that the Materials on the client website are continuously updated for you or otherwise contain current information. Luke Hayes is not responsible for any spelling and grammatical errors.


18.3
Content must follow the directions of the sitemap. If the sitemap indicates five pages, the Client must supply the content for all five pages.


18.4
Luke Hayes makes no representations concerning the content or functionality of the clients Website. It is the client’s responsibility to ensure that their website meets their requirements.


18.5
The client is to provide content for their website in the following format:
- text in a Microsoft Word document
- images as .jpg or .png
Unless specifically agreed by Luke Hayes..


18.6
You agree and acknowledge that Luke Hayes has no obligation to retain Customer content (content and/or files). All files sent to Luke Hayes may be irretrievably deleted, so you agree to keep a copy of all content for the clients website.


18.7
A single web page is quoted based on it being about one thing (one heading). If the client wishes to include more than one heading on a single, long web page, this will be an extra charge. Each heading is quoted as a separate page even if it is physically located on the same HTML web page as another Heading.


19. Website Development
19.1  Luke Hayes cannot take responsibility for any losses incurred by the use of any website, software, marketing materials created for the client. The client is expected to fully test their website, all of the features of the website, any application or program relating to the website developed by Luke Hayes before being made available for general use. Whilst every care has been taken to ensure products are bug free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.


19.2
Any scripts, cgi applications, php scripts or software written by Luke Hayes remain the property of Luke Hayes and may only be commercially reproduced or resold with the permission of Luke Hayes.


19.3
Where applications or sites are developed on servers not recommended by Luke Hayes, the client is expected to provide information, software and support relating to the server to assist with the correct development of the application. Any assistance or work required from Luke Hayes for external hosting will incur additional charges.


19.4
Where a large application is to be developed, the client is responsible for providing a testing environment as similar as possible to the final production environment.


19.5
You acknowledge that web sites cannot be guaranteed to be 100% error free in construction and acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate this agreement.


20. Cross Browser Compatibility
20.1  Luke Hayes always endeavour to ensure that websites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. 


20.2
Luke Hayes creates modern websites which often include rich, modern features or functions that old web browsers cannot handle.


20.3
Where appropriate Luke Hayes will implement other solutions, on a best effort basis, where any incompatibilities are found. But Internet users are responsible for the software on their own computers, including keeping their Internet browser up-to-date and this can not be controlled by a website.


20.4
It is also common that modern browsers display the same web pages, slightly differently.  This is determined by the web browser software and not by the website.


21. Website on Mobile Devices and Mobile Phones
21.1
Luke Hayes cannot guarantee a website will display perfectly on Smart Phones and Tablets.  Websites are designed to display on a desktop computer.  Tablets and Smart Phones are different platforms.


22. Completion of Website
22.1  When The client has approved the website and paid the final invoice, Luke Hayes will provide the client  with administration Log-In details for their website. Luke Hayes is not responsible for remembering the clients log-in details for the client website.


22.2
After the completion of the clients website, Luke Hayes is not responsible for functionality issues that may arise from changes on third party systems like YouTube, Facebook, Paypal or Adobe Business Catalyst. Third party systems can be updated or changed at any time and Luke Hayes has no control over these external websites or systems. 


23. Email Accounts
23.1  Luke Hayes will create the required email accounts specified by the client..  Luke Hayes will test the email accounts to ensure they are working.


23.2
Luke Hayes is not responsible for configuring the email account on the client’s computer or any other electronic device.

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