Terms and Conditions
STANDARD TERMS AND CONDITIONS
The following terms and conditions apply to all website development, design and SEO services provided by Smart Digital Technology
ACCEPTANCE
Our terms and conditions will automatically apply for all work performed by Smart Digital Technology and does not required a signed acceptance by the client. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you (the “Client”) have read and accepted our terms and conditions.
OUR FEES AND DEPOSITS
All prices are in Australian Dollars (AUD) exclusive of GST , GST will be applied on invoicing for custom quotes.
Prices are as indidcated on on checkout, unless you are requesting a custom quote.
Our custom quotes are valid for 14 days from when it was sent to the Client , Smart Digital Technology reserves the right to alter or decline any quotation after the 14 days have elapsed.
For all orders, an advance full payment 100% is required. This is refundable if we have not fulfilled our obligation to deliver the work required under the agreement. .
REFUNDS AND RETURNS
Payment is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The payment is not refundable if the development work has been started and you terminate the contract through no fault of ours.
Refunds on READYSITE products
A full refund is available within the first 14 days from purchase as long as the website has not been submitted as “Ready to publish”. There is no reason required for this refund. Once a website is submitted as “Ready to Publish,” it is No longer eligible for a refund. This is because we would have commenced work on the getting the website ready.
PAYMENT OPTIONS
Payment options are available through Paypal, and credit card options as displayed on checkout. You may request payment by Electronic bank transfer. Bank details will be made available on invoice.
Our Business days turn around Promise and Money Back Guarantee – 100% – Delivery Time
The stipulated Business Days turnaround promise can only be achieved if Clients provides all materials and information required by us to complete the work in accordance “Supply Of Materials” Clause.
Our promise is backed by a 100% money back guarantee to deliver the website in accordance with the stated business days of the specific product ready for your first review.
SUPPLY OF MATERIALS
Client 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 Client fails to supply materials, and that prevents the progress of the work, we have the right to invoice the Client for any part or parts of the work already completed.
VARIATIONS
We provide the Client with the opportunity to make revisions to the design, this is limited by the number given in the quote or pre-defined package. An additional mount may be charged 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 will be charged at the rate of $175.00 per hour.
PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon the Client’s full co-operation and complete and final content 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 the Client side and be made available on a daily basis in order to expedite the feedback process.
APPROVAL OF WORK
On completion of your project the Client will be notified and will have the opportunity to review it. The Client must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-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.
REJECTED WORK
If the Client reject any of our work within the 7-day review period, or does not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
Client must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that is supplied to us to include in the website or web applications.
Client must indemnify us and hold us harmless from any claims or legal actions related to the content of their website.
Copyright & Licensing
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Smart Digital Technology the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Smart Digital Technology permission and rights for use of the same and agrees to indemnify and hold harmless Smart Digital Technology from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Smart Digital Technology that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Any design, production, copywriting, drawing, idea or custom code created for the Client by Smart Digital Technology, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the expressed written consent of Smart Digital Technology.
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 provided.
CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which the Client may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
DISCLAIMER
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 the client are excluded. Without limiting the above, to the extent permitted by law, any liability of Smart Digital Technology 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.
SUBCONTRACTING
We reserve the right to subcontract any services that we have agreed to perform for the Client as we see fit.
NON-DISCLOSURE
We (and any subcontractors we engage) agree that we will not at any time disclose any of the Client confidential information to any third party.
ADDITIONAL EXPENSES
Client agrees 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
Client is responsible for maintaining their own backups with respect to their 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.
OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
Where applicable , we will supply the Client 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.
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 NSW. The Client and Smart Digital Technology submit to the non-exclusive jurisdiction of the courts in and of NSW in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “Wordpress”, we endeavor to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Firefox and Chrome. 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.
E-COMMERCE
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 Smart Digital Technology and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.