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.
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.
A design mockup will be created to display the layout of the content and flow of the page.
This will be submitted to the client for approval.
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: 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)
Warranty is a written assurance that Client’s website performs as required upon the conclusion of the project.
Support refers to any general help or advice given that is not related to any warranty issues
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 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
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.
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.
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.
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.
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
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
The following items are out of scope and if required will be billed as per the Additional Billable section:
Any changes outside of the agreed upon Logo Design Brief – Xcelerate Digital Systems PDF
4 or more Major Revisions
Extra services or products such as printing fees, copywriting fees etc. (unless agreed upon explicitly in this agreement)
Additional changes outside of the project’s conclusion
IE9, IE10, IE11, Firefox, Safari, Opera, Chrome
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
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.
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.
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.
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.
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.
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.
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.
You can contact Xcelerate Digital Systems by email to [email protected]
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