PAYMENT TERMS & CONDITIONS

Standard Website Design & Development

  • 50% deposit is required before any work commences
  • 30% instalment is required on completion of coding of the website (Web Wizards will display a link to the  development blog for proof of coding completion)
  • 20% final payment due on completion of addition of content supplied by the client.

The client’s website will not be made live until the final balance and a minimum of 1 month’s website hosting (if hosting with Web Wizards) has been paid.

If a client fails to supply requested content within 1 month of coding completion then Web Wizards maintains the right to invoice the 20% balance of website – this request does not negate Web Wizards obligation to add final content when supplied by the client even after the 1 month grace period up to 6 months. If no content has been received from the client after 6 month period then extra costs may apply to complete the website at our discretion.

Any payment for any stage of work shall be deemed as an acceptance of that work by the client to that particular stage.

PROGRESS PAYMENTS

Any payment for any stage of work shall be deemed as an acceptance of that work by the client to that particular stage.

All Other Services: 

  • Logos & Graphic Design – 50% deposit & 50% on completion. When final payment has been made the logo will be supplied to the client in digital format.
  • Printing Services –Full amount to be paid prior to printing commencing. (Where the client has approved the artwork Web Wizards is not liable for any errors or omissions by the client)
  • Email Marketing Software Subscriptions – Payable monthly in advance via Ezidebit
  • Web Maintenance – Payable within 7 days of completion
  • Email support (other than that included in monthly hosting and support) – Payable upon completion of service.

HOSTING & SUPPORT

Web hosting is based on a 12-month agreement and can be paid either monthly or annually in advance, non-refundable.  Monthly web hosting must be paid for via Direct Debit using our nominated provider Ezidebit. Direct debits will be made from either your nominated bank account or credit card. Clients can choose not to pay monthly via Ezidebit and can pay an annual hosting fee equivalent to 11 month’s fees, payable in advance. If you request that your website be hosted elsewhere, extra fees may apply.

The website hosting & support charge includes the backup of your files daily on our own dedicated Australian server. This also includes up to 10 emails hosted using your domain name e.g sales@yourwebsite.com.au at 500 MB storage space per email to a total of 5GB cumulative. If you require more space or more emails this will be additional cost to your hosting & support.

Website hosting is the storage and maintenance of the files that make up your website and emails on our server. Your website and email files require space on our server so therefore part of hosting and support is the rental or service fee for that space. It includes the security of those files to prevent the likelihood of cyber-attack. There are also daily backups of your website so if for any reason something was to go wrong with your website, we can restore it to earlier that day or week.

We maintain the server with the latest stable release software. Our server expert oversees all server maintenance constantly making it highly secure. However, in the unlikely instance that something happens to the server such as during an update of the server software we will restore your website from the latest backup which is stored on an external server as well as a mirrored server.

While every care and precaution is taken to maintain the server with no downtime we shall not be liable for any loss or damage which you may incur which is in any way attributable to your website and emails being unavailable due to server maintenance or any delay in performance or completion of our contract, however that delay arises.

You hereby jointly and severally release and indemnify us, our directors, members, employees, and subcontractors against any such claims.

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 Web Wizards 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

ADDITIONAL EXPENSES

You agree to reimburse us for any requested expenses which do not form part of the agreed and accepted proposal including but not limited to the purchase of third-party software, stock photographs over and above the applicable allowance or other products or services not allowed in the original specifications/quotation.

E-COMMERCE WEBSITE DESIGN & DEVELOPMENT

(All conditions as per above Standard Website in addition to specific shopping cart terms)

Shopping Cart Platform: Web Wizards reserves the right to build the client’s website on the software platform used as our standard. The shopping cart is installed with all default settings as supplied by the software. If the client requires default settings to be altered then extra charges may apply at our discretion.

Plugins: Web Wizards uses a standard range of open source or pre-purchased plugins to add functionality to the shopping cart. If more complex plugins are required to add functionality then the client is required to pay for the plugin at the market, single-use price and for the time taken by Web Wizards to research, install and configure the plugin. (A list of these plugins can be provided if required)

Payment Gateways for Shopping Carts: All shopping cart payment gateways are configured with Paypal as standard unless otherwise stated. Where the client decides to use an alternative payment gateway after the quotation is accepted Web Wizards will charge additional costs depending on the complexity and time taken to install the payment gateway. Any third party charges are payable by the client directly to the third party. Other payment gateways that require the client’s customer’s details to be recorded on the client’s site will require extra security measures – this will be in the form of a dedicated IP address and an SSL certificate which is required to be renewed annually. These will be purchased by Web Wizards and charged accordingly and annually. There may be an extra cost incurred for the time taken to configure on the website.

Shipping Options: We include as standard 1 of the following shipping methods (but not combined) Australia Post Plugin with weight attributed to each product (20kg restriction by Australia Post) OR Weight Based Shipping using Transdirect-shipping plugin in standard format ORFlat Rate Shipping (e.g. $10 shipping for all orders or free shipping) OR Tiered Shipping based on dollar value (e.g. $10 per order up to $100, then free) OR Zone Rates based on postcodes supplied by the client. It is the client’s responsibility to ensure the accuracy of the postcodes. OR Cubic Rates using odd-shaped products will require the Transdirect-shipping plugin or be quoted separately. The client is responsible for calculating the cubic rates of all products.

Shopping Cart Invoices: We utilize the Woo-commerce functionality to provide a basic graphic header with your Busi-ness details on your e-commerce invoice. Complex graphic invoices will need to be quoted depending on the requirements.

E-Commerce Terms & Conditions: Client to supply own Terms & Conditions

Limit of Our  Responsibility 

It is not the responsibility of Web Wizards to train the client in other software programs such as Word, Excel, Image Editing or other third party programs not directly related to the  CMS of the website – training is limited to the editing of the dashboard on the website.

It is not the responsibility of Web Wizards to manage the client’s Social  Media unless this service is requested and paid for.

Customers  Responsibility   

It is assumed that the client will have a basic understanding of computers and the internet. It is the client’s responsibility to gain knowledge in the basic computer skills necessary to administer their business and website.  Web Wizards provides training for the management of their website built on a  standard CMS website platform.

Customized Programming  & Website Development

In these instances please refer to the payment terms specified in the quote. Specific milestones will be given and percentage payments required for the entire project at the specified times. The client is responsible for all payments relating to these milestone events.

Delays by the client shall be added to the time frame quoted. These delays include but are not limited to supplying of content, images or specific information as requested by Web Wizards throughout the project. Where the  client fails to respond to three written requests for content, Web Wizards  reserves the right to charge the next balance payment and finalize the project

Data Feeds   

Where a data feed is supplied by a third party then Web Wizards is not responsible for errors or changes to the website code after the data feed has been implemented and tested and approved by the client.

General Website  Content

It is the responsibility of the client to supply all content for their  website in the format requested by Web Wizards which includes but is not  limited to:

  • Text for all information pages on the website either in a Word Document or  and editable text format
  • Images for the website of products, premises, people, services as is required in a jpeg or png format
  • Logo of the business
  • Accurate contact details to be displayed on the website – Business Name,  Business Address, Business Phone Numbers, Business Emails
  • Website Terms & Conditions and Privacy Policy
  • If a shopping cart – an Excel spreadsheet containing all products and their details as laid out on the spreadsheet supplied by Web Wizards. Accuracy of the spreadsheet is the client’s responsibility.

Website Live

The client’s website will not be made live until the client has checked their completed website for content errors and approved. Web Wizards will supply the link to the client’s new website on Web Wizards development blog for approval.

Time Frames and Project Delays

Web Wizards undertakes to complete a client’s website within a  reasonable time frame dependent on the complexity and the amount of work required as well as prompt client response times and co-operation.

It is a reasonable expectation for the website completion that the client will

  • Return the design brief in a reasonable time frame
  • Respond to Web Wizards’ phone calls or emails in a reasonable time frame
  • Consult with the designer during the design process to get the approval of the design
  • Supply requested material including images and text for website
  • Provide adequate and accurate instructions.

Any delays in responding or refusal to act will cause delays and Web  Wizards will not be responsible for the project being unduly prolonged by the client’s lack of action. Any time frames or estimates that we give are contingent upon your full co-operation. It is required that a single point of contact be appointed from your side and be made available in order to expedite the feedback process.

Length of Website  Build

While every effort possible is made to design and develop the client’s website in the time frame outlined in their quote Web Wizards cannot be held responsible for delays out of their control such as delays by client, staff shortages or illness, issues with third-party software such as required plugins, unknown or unforeseen coding conflicts and complications. Web Wizards is not liable for the customer’s financial difficulties due to a delay in the web development process.

If a customer delays or defers the web development process more than 6  months from the acceptance of the quote then extra charges may apply due to increasing in costs such as wages.

Design

At the design stage, the client is provided with a Web Design Brief to be completed by the client. This is the basis on which the website is designed. The new website is designed in accordance with the instructions you provide in the Design Brief. Three revisions of this design are allowed before the coding begins. If further revisions are required an hourly graphic design rate will be charged until final design approval is given by the client. Once the design is approved any subsequent changes to the design may be subject to charges for design and coding.

Any additional requests included in the design brief that were not included in the initial quote will be subject to a variable cost and will be quoted as an extra.

Coding

Coding is the process of transforming a digital website design in a  pictorial format into a functional website using programming languages such as  PHP and software platforms such as WordPress so as to allow internet usability and interaction.

Completion of the coding stage refers to the completion of the programming and platforms above and does not include page content such as text and images in the content area.

Design Variations

Customized design is created for your website using the criteria supplied to us in client’s design brief. We allow 16 hours to design the website including internal pages and 6 hours to design a logo. This time allowance allows for 3 changes to the design. If the allowance is exceeded then extra charges may apply.

Coding &  Content Variations

Our website coding and addition of content phase are flexible in terms of making minor alterations. However, any major deviation from the design and approved specifications will be charged at our standard rate.

The website is developed with the functionality requested via the web design brief and in consultation with the client at the time of quoting and as explained in the General Terms & Conditions. If extra functionality is required after coding has commenced (that is functionality not previously agreed upon) then extra charges will apply.

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 Internet Explorer, Firefox, Google Chrome, and Safari.  Third-party plugins, 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.

We can only make client’s websites compatible with browsers at the time of website creation. We cannot reasonably know of updates and new platforms into the future. Any updates that are required due to future browser or technology changes are the client’s responsibility. If you require Web  Wizards to make changes in the future to make your website compatible with future technology, we will charge the applicable hourly rate.

Subcontracting

We reserve the right to subcontract any services that we have agreed to perform for you as we deem necessary.

Price Increases

Web Wizards reserves the right to increase prices as is necessary. Quoted prices are valid for one month.   Annual/monthly hosting remains the quoted price for 1 calendar year from date of first hosting invoice, increases may apply after that date.

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.

Website Completion

The website will be deemed to be complete when all content provided by  the client has been added or if 1 month after coding completion Web Wizards is  still waiting for client content then we deem the website to be complete – notwithstanding terms as stated in “Payment Terms & Conditions  -Standard Website Design & Development”

Search Engines

Where we have built the website and are not providing SEO services we do not guarantee any specific position in search engine results for your website.  We perform basic search engine optimisation according to current best practice.  This includes title, description and keyword tags for each page.

Consequential Loss  and Limitation of Liability

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.

You hereby jointly and severally release and indemnify us, our directors, members, employees, and subcontractors against any such claims.

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 Web Wizards 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

Ownership of  Website

Upon completion of the website and final full payment is made the ownership is transferred to the client.

Upon request, clients can be given a full digital site backup of their website in a server format as long as their account is in good standing.

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 Web Wizards 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

SUPPORT

Website Support – Website hosted by Web Wizards

  • Website support as part of hosting and support charges includes 1 hours training on how to manage and edit your website.
  • Website support as part of hosting and support charges includes ongoing training assistance via phone or email in the editing of your website.
  • Website support does not include Web Wizards adding to or editing content on your website after website completion and the client has administrative logins to do such editing. If such editing is required from Web Wizards then time will be charged for this service at the current hourly rate.
  • A website is developed at a point in time – at that point of time the website has been made compatible and compliant with the current technology i.e. current browsers, software, devices. We include an initial 12 months of plugin updates to support the website with the current technology. From that point plugin updates or replacement of outdated plugins or changes to the website to comply with technology changes will be charged for at the current hourly rate.
  • If there are any code errors not caused by the customer (yourself) or your agent (any person/company managing, editing or altering the website other than Web Wizards) we will restore the website free of charge.  Code errors are rare and if they do arise are usually caused by outdated or conflicting plugins. Plugins installed and operational at the launch of your website are known to be up to date and compatible. This does not exclude future plugin updates clashing or new plugins added after that point to be incompatible. In this instance time taken to investigate and rectify such issues will be charged for at the current hourly rate.
  • Support does not include advice, education or management of your email or computer software or hardware. We can refer you to specialist IT companies that provide that support if required.

Website Support – website hosted elsewhere

Websites not hosted on Web Wizards server are not Web Wizard’s responsibility. Any time spent recovering or rectifying coding or functionality issues on websites on third party servers not hosted by Web Wizards will be charged for and are payable by the client in advance based on our rectification time estimate.

Email Support

  • We will create up to 10 emails for you on our server using your domain name and supply you with passwords and email settings.
  • An allowance of 5GB email cumulative data storage at any time. Email data storage that exceeds this allowance will be chargable at the current rate.
  • Any email problems which are the responsibility of Web Wizards e.g. server disruption or modification to client’s email account by Web Wizards will be rectified by Web  Wizards and is included in monthly hosting and support.
  • Initial set-up of emails is included. If you require assistance on setting up the emails using your email client (Outlook, Windows Mail, Gmail) we will be more than happy to remotely access your computer and set this up for you. If you need to set up the email on a mobile device we can provide assistance over the phone.
  • Ongoing email support after initial set up may incur additional charges. First 15 minutes is non-chargeable, thereafter charged at the standard rate
  • In order for you to access your emails securely you need to ensure your phone software and computer software are all up to date with the latest version of the programs and operating system otherwise there may be issues with setting up your email on the devices or computer. Email support that falls outside of this parameter will be charged for.
  • Email accounts not hosted by Web Wizards cannot be supported.

Website Access

Web Wizards provides a managed website hosting service. On completion and a final payment of your website logins and passwords and editorial control are given to the admin panel of your website.

Where Web Wizards hosts the client’s website we retain full administrative access to maintain and protect your website from attacks or infection by malware.

If a third party or the client’s agent wishes to add additional coding to a client’s website via the FTP or Control Panel then Web Wizards will complete this task on their behalf at the applicable hourly rate.

DOMAIN NAMES

Ownership of Domain Names

Where we purchase domain names on your behalf, the domain is registered in the client’s name and the client has full ownership. Web Wizards will supply the domain account credentials upon request.

Management of Domain Names

Web Wizards manage client’s domain renewals as requested. In this case we bill you directly and we ensure that your domains are renewed on time so that your website doesn’t get shut down by the AUDA domain system due to non payment.

Where you have requested Web Wizards to manage your domains and you have paid by the date on the invoice provided by us, we will ensure your domain is registered and there is no interruption to your website.

Where the domain is not paid by the due date we will not renew the domain and your domain, in accordance with the domain authority guidelines, will go through its domain non renewal stages. Within 30 days of non-renewal it can be renewed without penalty. After the 30 day mark extra charges will apply to retrieve the domain over and above the normal domain renewal fee. We have no control over these fees and they are subject to change by the AUDA governing body.

At the 90 day point, your domain will be released to the open market and can be purchased by companies that buy expired domains. Once that occurs there is no recovery action possible by us. We will not be liable for any loss due to non payment by you for the domain renewal. It is your responsibility to notify us of changes to email addresses and telephone contacts so that we can invoice you prior to the due date or to make you aware that your domain has expired.

LEGAL RIGHTS & RESPONSIBILITIES

Intellectual Property Rights

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

Privacy Policy

We are cognizant of the trust you are placing in us with your private information when you request services from us. We take seriously the obligation to protect your personal information and our legal obligations to have policies in place which are intended to protect your privacy with respect to such personal information you has provided to us.

Spam

We will never knowingly send you electronic messages without your consent.  For more information on the “Spam Act 2003”  please visit the Australian Government website:   http://www.2.dcita.gov.au/ie/trust/improving/spam.

When communicating with our computer a cookie comprises of text files placed in the memory of your computer.  In the future,  a copy of such text file will be sent to your computer whenever it communicates with our computer and we may use such cookie to identify you between multiple visitors.

Changes to our Privacy Policy

Our current privacy standards may be varied from time to time and you will be notified of any change by our publishing the latest policy from time to time on our website.

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 Western Australia. You and Web Wizards submit to the non-exclusive jurisdiction of the courts in and of Western Australia in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

Both parties agree to a meeting at our office first to see if a resolution can be found. If after our best efforts to resolve any disputes only then will more formal dispute resolution be entered into as indicated below.

When communicating with our computer a cookie comprises of text files placed in the memory of your computer.  In the future,  a copy of such text file will be sent to your computer whenever it communicates with our computer and we may use such cookie to identify you between multiple visitors.

Web Wizards automatically collect general website traffic information (such as how many people have visited the site,  most popular pages, etc).  This information is collected into aggregate results in order to evaluate our service and business practice in an effort to provide the Client with an optimum shopping service.  Web Wizards may share non-personal, aggregated information with our partners or product distributors for research purposes.  Web  Wizards will never identify or disclose individual customers or visitors’  information or purchases but may disclose how many customers bought a specific item or bought a specific item.

Collecting Personal Information  

Web Wizards will use personal information as supplied by the Client to process and deliver the Client’s order. Web Wizards also retains the Client’s order details in a  secure offline system that is NOT connected to the internet.  This is so Web Wizards has a record of the  Client’s order. Web Wizards will only publish personal information with the  Client’s consent.

Feedback and Complaints Handling  Procedure

We welcome feedback and attend to all complaints promptly.   Please email, fax or write to us using the contact information presented on this page.

Australian  Law

Web Wizards complies with the Australian Consumer Law in the Competition & Consumer Act  2010, the Electronic Transactions Act 2003, the Information Privacy Principles set out in the Commonwealth Privacy Act 1988 and the Privacy Amendment (Private  Sector) Act 2000 (Cth) and Privacy Amendment Act 2004 (Cth).  Dispute resolutions services are available in each Australian State and Territory.