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OE Design Terms & Conditions
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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. If the client does not supply OE Design with complete text and graphic content for this web design project within 30 days of the date this agreement was signed, the entire amount of the agreement becomes due and payable. If the client still has not submitted all the required contents within 60 days after signing this agreement, an additional continuation fee of 15% of the total agreement price will be assessed for each month until the web design project is published or the client cancels the web design project in writing.
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.
7. 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.
8. 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.
9. 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.
10. 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.
11. Payment Schedule.
By web design projects 50 % by ordering and 50% by publishing.
12. 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 project will be deemed null and void. The project will be removed immediately from the OE Design work schedule and there will be no refund of any monies given by way of deposit for the project.
13. 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.
14. 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.