Terms & Conditions

Terminology

  • Cultivate Web Design is Sandy Loudon trading as Cultivate Web Design
  • ‘The Client’ is the party making a booking for design related services from Cultivate Web Design.
  • ‘An Order’ is the request for service from Cultivate Web Design
  • ‘The Project’ is a term used to describe a service from Cultivate Web Design. The terms and conditions apply to all dealings between The Client and Cultivate Web Design. By placing An Order with Cultivate Web Design, you as The Client are forming a legal and binding contract for services and you agree to the following terms and conditions.

Quotations

  • All quotations are valid for a period of 30 days. Any quote not accepted within this timeframe is subject to a requote. All prices are in Australian dollars.
  • Any additional work not included in the quotation, or outside the original scope relating to the project will be charged at an hourly rate of $80 per hour.
  • Cultivate Web Design reserves the right to change pricing without notice.

Copyright

  • The Client assumes full copyright and reproduction rights upon full payment of a completed project.
  • Cultivate Web Design retains personal rights to use completed projects and concept artwork for the purpose of marketing.

Cancellations and Incomplete Projects

  • All work not completed within a 3 month period will be invoiced regardless.
  • Payment is required for any artwork, drafts or templates that have been terminated on your request at any stage of development, prior to completion. Invoice will be issued as ‘work to date’.
  • In the event of a project cancellation Cultivate Web Design retains ownership of all copyright and original artwork. Any concepts, designs or ideas not chosen by The Client remain the property of Cultivate Web Design and may be offered to other clients.

Payment

  • Payment is required prior to releasing final digital files and before any websites go live to the Web. Payment must be made within 14 days of the date of the invoice.
  • All work is presented to The Client in draft format. Once payment is received you will receive final files.
  • Payment is to be made via direct deposit.
  • Should debt collection be required for unpaid invoices The Client is responsible for any costs incurred (fees and/or commissions payable to the debt collectors).

Turnaround Times

  • Cultivate Web Design will make every effort to meet deadlines. All quoted turnaround times are approximate. Cultivate Web Design will not be held responsible or liable for delays in content, image, artwork delivery, and will not be absorbing any fees for said delays.

Authors Corrections

  • The Client is allowed three (3) sets of revisions to the project. Any author’s corrections or amendments outside of the quotation or nominated revisions are charged at an hourly rate of $80 per hour.
  • Cultivate Web Design makes every effort to deliver concepts to suit The Client’s brief. If The Client is not happy with the concepts provided during the project by Cultivate Web Design and these amendments do not fall within ‘minor’ revisions to the project The Client can pay for further concepts to be designed or choose not to proceed and pay for ‘work to date’.

Approval

  • Approval is required for all projects, via our approval form either online or in hard copy, prior to work being released.
  • Whilst all care is taken by Cultivate Web Design, Cultivate Web Design is not responsible for any spelling, grammatical, numerical errors, or omissions after final approval. Even if content and/or images are by Cultivate Web Design it is The Client’s responsibility to proof read and check thoroughly their projects to identify any errors prior to approval. No refunds will be provided by Cultivate Web Design.

Websites

  • Cultivate Web Design cannot guarantee that the functions contained in any web page templates or in a completed web site will always 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 arising out of the operation of or inability to operate this website.
  • Cultivate Web Design has not control and accepts no responsibility for the functionality of the WordPress platform, nor responsible for any third party plugins used on a website.

Backups

  • Cultivate Web Design is not responsible for the ongoing back up of websites. The Client will be provided with full access to the hosting CPanel by which they are able to access a backup facility. The Client is responsible for backing up with website once it goes live. Cultivate Web Design accepts no responsibility for loss of website content once full payment is received. It is essential that backups are maintained to prevent loss of data.
  • The Client is also responsible for maintaining and updating their WordPress version, and any plugins used on their website. Cultivate Web Design accepts no responsibility for any website issues resulting from The Client not ensuring their website is kept up to date.

Images

  • Any images supplied by The Client must be provided in high resolution, preferably CMYK. Cultivate Web Design is not responsible for colour variations in conversion from RGB to process CMYK.
  • The Client guarantees that any element of text, graphics, photos, designs, trademarks, or other artwork that you provided to Cultivate Web Design for inclusion in a website or print material are either owned by The Client, or permission has been given to use them.
  • Cultivate Web Design is not responsible for the reproduction quality of supplied images.