Terms & Conditions

Summary 

The following terms and conditions for website design and website services apply to all contracts and work undertaken by Presstwood Design for its clients.

We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. You won’t find any complicated legal terms or long passages of unreadable text in this contract. We’ve no desire to trick you into signing something you might regret later. We do want what’s best for both parties, so in short;

You customer name, located at customer address (“You”) are hiring Presstwood Design (“W or Us”) to either:

  • Design and develop a web site
  • Update or make changes to your existing website
  • Maintain your website with our website care plan service.

For the estimated total price outlined in our previous correspondence. By accepting a proposal or estimate from Presstwood Design, you accept the terms and conditions of this agreement.

Of course it’s a little more complicated, so please see below for the full terms and conditions.

What do both parties agree to?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule and terms set out in the proposal or estimate.

Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.

 

Full Terms and Conditions

Design

We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. You’ll have plenty of opportunities to review our work and provide feedback. We’ll share a live preview link for work in progress, and clearly state when we need your feedback and revisions to continue.

If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay us in full for the time we’ve spent working with you until that point and terminate this contract.

Written content

All written content for the website must be supplied. We require all text and copy for your website before starting the website build. To make this easy to get, we’ll send a content template, or shared folder for you to add in the content required to build out the website.
Photo, graphics and branding assets

All imagery, photos and graphics for the website must be supplied. Any videos or photographs should be good quality and in a high resolution digital format. Any graphic files should be in an editable, vector digital format such as AI, EPS or PDF. Stock photography or videos aren’t included in website pricing, but we can provide a separate estimate.

Changes & revisions

We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of hours that we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem and we’ll provide a separate estimate for those additional hours.

We require that a single point of contact is appointed from your business or organisation so that the process of getting any feedback is straightforward and clear for both of us. For website design builds, we allow and factor in for 2 major rounds of feedback and changes, and if there is a significant changes past the feedback stage we reserve the right to quote on the additional time required.

Project delivery

We create and deliver your project on either a production or staging hosting environment, which we will share access for you. Typically this means all the assets for your website will sit on that environment, which includes HTML, CSS, PHP, images and media files and more. This can vary depending on what platform and Content Management System (CMS) is being used to build the website. At the end of the project, we’ll ensure you are setup with full access and handover information about where any project deliverables are stored and how you can access them in the future.

Browser testing

Browser testing doesn’t include attempting to make the website look the same in every browser, but does mean checking that a user’s experience of a design should be appropriate to the capabilities of their browser or device.

We test our designs on iOS for Safari, Chrome & Firefox, and via Chrome emulated devices for Samsung Galaxy, Google Pixel, iPad and older iPhone models.

While we will also strive to ensure mobile experience works well, we can’t guarantee that every combination of screen size and device is going to be perfectly supported.

Project timelines

Any time frames or estimates provided by us are contingent on receiving final content and all the required information at the beginning of the project, and receiving prompt and clear feedback from your end for any revisions or changes.

During a website build or updates there is a certain amount of feedback required to progress at each stage, and if this isn’t received in a timely manner the project will be delayed.

SEO & search engine visibility

We don’t guarantee any specific position or improvements to your search engine ranking for your website. We provide on-site SEO based on best practices, so that the websites we develop are accessible to search engines.
Website hosting & domain names

We’re a web design company – not a website hosting or domain company, so we don’t offer specific support for website hosting, email, domain names or other technical services. If you don’t already have a website hosting service, we’ll recommend a provider and ask you to set up an account.

New website builds include us setting up your website on the hosting service. Once the website project has been completed and put live, management and renewals of the website hosting account, domains and any other related services will be up to you.

If we are actively managing your website hosting account or domain name, we will invoice you directly for hosting costs on an annual basis. If you don’t pay the associated costs within 28 days, we will cancel your website hosting or domain names which can bring your website and any related services offline.

Ongoing technical support

Technical support for your website is included during the website build project, and for 28 days after it goes live. After this period, we will provide an estimate or quote for any future technical support issues that come up.

Paid plugins, themes and add ons

Depending on your website, there may be some paid plugins, themes and add ons required for specific functionality. In general, we will include these in the initial build price for the first 12 months, after which time they will need to be re-licenced directly by you for continued updates and support.

Additional expenses

You agree to reimburse 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.

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.

Payments & schedule

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. You agree to stick tightly to the agreed payment schedule and trading terms on any invoices, estimates, quotes or other communication.

Our payment terms are 7 days from the date of invoice. We issue invoices electronically and our bank account details will be included. Our invoices will be in AUD. If your currency is different, you agree your payments will be the same value.

You agree to pay all charges associated with international transfers of funds. We reserve the right to charge interest or late fees on all overdue debts if required.

Disclaimer

We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Presstwood Design under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

Consequential loss

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
Intellectual property rights

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

First, you guarantee that all elements of text, images or other artwork you provide are either owned by yourself, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.

We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:

You’ll own the website we design for you plus the visual elements that we create for it. Any finished files will be stored on the hosting or CMS, and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.

We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll licence its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

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.

Governing law

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Queensland. You and Presstwood Design submit to the non-exclusive jurisdiction of the courts in and of Queensland in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

eCommerce

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Presstwood Design and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from you or your clients’ use of Internet electronic commerce.

Displaying our work

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

Other small print

Neither of us can transfer this contract to anyone else without the other’s permission.

We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.

This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Australian courts.