Terms & Conditions

XCELERATE DIGITAL SYSTEMS AGREEMENT TERMS & CONDITIONS

Xcelerate Digital Systems Pty Ltd (“Designer”) and its team, pride themselves on not just building outstanding world class websites, but creating online business solutions for you (“Client”). We thank you for your business and look forward to helping you achieve your business goals.

The following terms and conditions set out below form part of the agreement between Xcelerate Digital Systems Pty Ltd and you, the Client. By signing a Xcelerate Digital Systems Pty Ltd agreement or paying any Website invoice to Xcelerate Digital Systems Pty Ltd, the Client understands and accepts the terms and conditions described on this page.

Any questions or disputes need be raised prior to entering an agreement with Xcelerate Digital Systems Pty Ltd. The terms and conditions here are governed by the laws of New South Wales, Australia.

WEBSITE DESIGN PROCESS

DESIGN BRIEF MEETING

A design brief meeting will take place either over the telephone, video conferencing or in person. During this meeting Xcelerate Digital Systems Pty Ltd will establish the Client’s requirements for the design of their website. Next a mock up of the design will be created for the Client to review.

DESIGN MOCK UP

  1. A design mockup will be created to display the layout of the content and flow of the page.

  2. This will be submitted to the client for approval.

  3. A maximum number of three (3) major revisions will be implemented on the design

    • After this, any further revisions can be implemented at a cost of $150+GST AUD per hour (the Client will be advised prior to any additional charges)

IMPLEMENTATION, CLIENT APPROVAL, TESTING, LAUNCH & WARRANTY

  • Implementation: The website is created and developed

  • Client’s Approval: Once the project is finished we will allow the Client to revise the work prior to going live

  • Testing: Thorough testing and Quality Assurance procedures will take place

  • Final Payment: The remaining invoice total must be paid before proceeding further

  • Client Hosting: The site will migrate from Xcelerate Digital Systems Pty Ltd’s hosting to the Client’s hosting, which indicates Client’s complete ownership

  • Site Launch: The site will be 100% ready to go live and will be launched

  • Warranty: Within the first sixty (60) days of the site going live, all technical website faults or bugs found within the original website will be resolved free of charge (contingent on the conditions outlined within the Support & Warranty section)

WEBSITE WARRANTY & SUPPORT

  1. Warranty is a written assurance that Client’s website performs as required upon the conclusion of the project.

  2. Support refers to any general help or advice given that is not related to any warranty issues

WARRANTY

Up to sixty (60) days after the site first goes live, Black Lion Digital Pty Ltd will make any repairs and/or modifications required to the website to bring it back to full working order, free of charge. However, if there is evidence the website has been modified by the Client and/or a third party, the website will not be deemed original and the sixty (60) day warranty period will be void.

All website design and development repairs and/or modifications not covered by the warranty will be billed at a rate of $150 AUD per hour + GST.

SUPPORT

  • Support will be included free of charge up until the day the website becomes live on the internet

  • After this website launch day, outstanding on-going support packages are available for your peace of mind

ADDITIONAL BILLABLE

Unplanned components, ideas, excessive revisions, and increased project scope can happen. When there is an unexpected event that will incur a cost, we will notify the Client ahead of time and will not bill unless we receive clear approval for increased budget and timeline. Changes to a brief later in the design process may lead to extra design and/or development hours which were unexpected in the initial quote.

The Client shall be responsible for any additional costs that their job might incur. i.e. print costs, signwriter’s fee, copywriter, stock photography, or any other outside of agreement work etc.

Additional Billable Hourly Rate: $150/hour ex. GST, billed to the quarter of an hour However, most additional projects and/or project modifications will be scoped and bid on a fixed-price basis.

OWNERSHIP OF ARTWORK

All artwork is retained by Xcelerate Digital Systems Pty Ltd, that is, Xcelerate Digital Systems and Xcelerate Digital Systems Pty Ltd is given liberty to take credit for the work (unless arranged otherwise).

Some contract work will require a signature of Xcelerate Digital Systems Pty Ltd on the artwork itself to preserve credit. This may be mandatory for contributions to magazines or book use where Xcelerate Digital Systems Pty Ltd requires name credit in print.

If this job requires a signature and/or attached credit then please notify Xcelerate Digital Systems immediately.

FAILURE TO PAY FINAL PAYMENT

Once all revisions are implemented and the Client is satisfied, then the Client will sign-off on the artwork(s) and/or website. Then the final payment will be due – prior to the release of all high quality artwork in the desired formats and/or full control and ownership of the website.

After 10 business days of outstanding payment on the final payment, a two percent (2%) penalty will be added fortnightly for unresolved invoices for signed-off artworks and/or website builds

Project deliverables will not be made available to the client until the final invoice is resolved. If an account is not satisfied within 40 business days from the time of final payment being required, Third Party Debt Collection may be initiated.

WARRANTY OF ORIGINALITY

Xcelerate Digital Systems Pty Ltd warrants and represents that, to the best of his knowledge, the work assigned is original and has not be previously published, or that consent to use media has been obtained.

LIMITATION OF LIABILITY

Xcelerate Digital Systems Pty Ltd maintains the right to terminate a project if he deems it unethical or illegal at any stage.

The Client agrees that it shall not hold Xcelerate Digital Systems Pty Ltd or his agents liable for any incidental or consequential damages that arise from Xcelerate Digital Systems Pty Ltd’s failure to perform any aspect of the project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Xcelerate Digital Systems Pty Ltd or his agents.

SCOPE OF WORK FOR LOGO DESIGN

LOGO INITIAL DESIGNS

  • Two (2) or three (3) initial designs will be supplied to the client

  • Each design will be dramatically different so that we can determine an “angle” to fully explore

LOGO MAJOR REVISIONS

  • Included within the agreed upon price are 3 Major Revision Rounds

  • Any major revisions made outside of the initial 3 will be billed as per the Additional Billable section

LOGO: OUT OF SCOPE

The following items are out of scope and if required will be billed as per the Additional Billable section:

  1. Any changes outside of the agreed upon Logo Design Brief – Xcelerate Digital Systems PDF

  2. 4 or more Major Revisions

  3. Extra services or products such as printing fees, copywriting fees etc. (unless agreed upon explicitly in this agreement)

  4. Additional changes outside of the project’s conclusion

COMPATIBLE BROWSERS

IE9, IE10, IE11, Firefox, Safari, Opera, Chrome

GOODS & SERVICES TAX (GST)

Unless otherwise specified, any fees, rates or prices quoted by Xcelerate Digital Systems Pty Ltd do not include GST. A GST of 10% will be added. Xcelerate Digital Systems invoices comply with the requirements for a ‘Tax Invoice

CANCELLATION

Either party may cancel this Agreement by giving fourteen (14) days written notice to the other party of such cancellation. In the event of cancellation of this agreement, Xcelerate Digital Systems Pty Ltd shall own all rights to the Work other than work that has been finalised and approved by the Client.

A cancellation fee for work completed, and expenses already incurred, shall be paid by the Client.

Xcelerate Digital Systems Pty Ltd shall have the right to bill pro rata for work completed through to the cancellation date as long as it was done in compliance with the Scope of Work section, while reserving all rights under this Agreement. A 100% cancellation fee is due once the website has been fully designed and developed, whether live or delivered to the client, or not.

Additionally a cancellation penalty fee is due of a flat fee of $250 or 50% of the remaining hours that were expected to be completed on the project, whichever is greater.

CODE OF FAIR PRACTICE

Xcelerate Digital Systems Pty Ltd warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published , or that consent for use has been obtained on an unlimited basis; that Xcelerate Digital Systems Pty Ltd has full authority to make this agreement; and that the work prepared by Xcelerate Digital Systems Pty Ltd does not contain any scandalous, libellous, or unlawful matter.

This warranty does not extend to any uses that the Client or others may make of Xcelerate Digital Systems Pty Ltd’s product that may infringe on the rights of others.

The Client expressly agrees that it will hold Xcelerate Digital Systems Pty Ltd harmless for all liability caused by the Client’s use of Xcelerate Digital Systems Pty Ltd’s product to the extent such use infringes on the rights of others.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

INDEMNITY

You hereby indemnify Xcelerate Digital Systems and undertake to keep Xcelerate Digital Systems indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Xcelerate Digital Systems to a third party in settlement of a claim or dispute on the advice of Xcelerate Digital Systems legal advisers) incurred or suffered by Xcelerate Digital Systems arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to Xcelerate Digital Systems other rights under these terms and conditions, if you breach these terms and conditions in any way, Xcelerate Digital Systems may take such action as Xcelerate Digital Systems deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

ASSIGNMENT

Xcelerate Digital Systems may transfer, sub-contract or otherwise deal with Xcelerate Digital Systems rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

LAW AND JURISDICTION

These terms and conditions will be governed by and construed in accordance with the relevant governing laws, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

XCELERATE DIGITAL SYSTEMS DETAILS

You can contact Xcelerate Digital Systems by email to [email protected]

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