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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 and website 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.

Authority to Conduct Work

  • Cultivate Web Design will not commence any work on the request of any third-party contractor, sub-contractor, employee or agency without the written confirmation and agreement of The Client.
  • Full details of the named parties given ‘authority to conduct work’ are to be provided to Cultivate Web Design prior to any consultation, discussion or work commencing.
  • Cultivate Web Design will only communicate with one person from the Client business, brand and concept. This aids efficiency and ensures the project works to a timeframe.

Commencement of Work

  • Cultivate Web Design will not commence any work on the design, mock-up or layout until all content, images, videos, links, typography, colours, form requirements, e-Commerce product images and content along with any other resources are provided to Cultivate Web Design by The Client.
  • The engagement of any work signifies that The Client agrees to the terms and conditions.
  • Cultivate Web Design will not commence any work until the non-refundable deposit has been received.
  • All website builds will be conducted on Cultivate Web Design’s server and will not be uploaded to the Client’s domain address until full and final payment is made.

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 $120 per hour + GST, this includes a change in the business concept or model.
  • 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 which have been terminated on your request at any stage of development, prior to completion. The 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 for Quoted Work/Packages

  • A non-refundable deposit of 50% of the quoted price is required prior to the commencement of any design work. An invoice will be sent for remittance of the same.
  • By paying the deposit to Cultivate Web Design the Client agrees to comply in full with the terms and conditions, without prejudice.
  • Full payment is required prior to releasing final digital files and before any websites go live on the Web. Payment must be made within a maximum of 3 days of the date of the invoice. Should payment not be received within this time frame the website will not go live.
  • All work is presented to The Client in draft format. Once payment is received you will receive the final files and the website will go live.
  • 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 the content, image, or 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 $120 per hour + GST.
  • 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 email 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, or 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 proofread and check thoroughly their projects to identify any errors prior to approval. No refunds will be provided by Cultivate Web Design.

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 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.

Websites

  • Cultivate Web Design cannot guarantee that the functions contained in any web page, template or completed website 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 no control and accepts no responsibility for the functionality of the WordPress platform, nor responsible for any third-party plugins used on a website.
  • Cultivate Web Design will not accommodate resolution, functionality and responsiveness on phones that are no longer supported or classed as obsolete by the manufacturer. As an example, as of 2023, the following phones are no longer supported and are classed as obsolete by Apple:
    • iPhone 8 (plus)
    • iPhone SE (1st generation)
    • iPhone 7 and 7 Plus.
    • iPhone 6(S) and 6(S) Plus.
    • iPhone 5, 5S, and 5C.
    • iPhone 4 and 4S

Backups

  • Cultivate Web Design is not responsible for the ongoing backup 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 their website once it goes live. Cultivate Web Design accepts no responsibility for the 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.
  • Cultivate Web Design does provide maintenance packages that facilitate any backups, updates, and/or edits and changes The Client requires. There are a number of different packages available and all will be provided to The Client by way of quotation.

Security

  • Due to a variety of external factors Cultivate Web Design is unable to guarantee The Client’s site will not be infected.
    The Client should be particularly aware of security issues if there are multiple staff members and/or third-party service providers accessing the site daily.
  • The Client should ensure:
    > all users have a strong password
    > passwords for all users are updated regularly
    > users do not share their access with anyone else
    > any additional users, temporary or otherwise, are provided with a new user account with their email address
    > WordPress core and plugins are updated regularly (if not with a Cultivate Web Design hosting package)
    > any user accessing the site is doing so from a PC with antivirus detection, scanner and malware protection
    > any user account for staff and/or third-party service providers who are not engaged or employed by The Client is removed from the      WordPress dashboard, an audit every quarter is advised

Hosting

  • All Cultivate Web Design hosting packages are premium packages with our data centre in Sydney and include SSL security and on-demand backups.
  • Cultivate Web Design hosting packages are on a month-by-month basis, based on your selected paid subscription option. Cultivate Web Design would expect The Client will stay on the same package for a minimum of three (3) months – after this period The Client can choose to upgrade depending on their individual needs.
  • Should The Client wish to cancel the hosting package and relocate the site to a new hosting provider, Cultivate Web Design requests 30 days notice. Cultivate Web Design will endeavour to assist The Client in a smooth transition to the new hosting party.
  • The monthly subscription will only be terminated once the transition to the new hosting party has been completed. Cultivate Web Design reserves the right to check on this transfer completion.
  • If The Client has opted for a ‘hosting only’ package any additional support time outside of the ‘hosting only’ package inclusions will be quoted and charged at an hourly rate of $120 per hour + GST.

Hosting Packages

All Cultivate Web Design hosting packages include:

  • Premium Hosting with our data centre in Sydney
  • WordPress Core, Theme and Plugin Updates, including checks for compatibility issues
  • (SSL) Security
  • Analytics – provided by way of a monthly .pdf report
  • Speed Test
  • One (1) free migration service from the Client’s current hosting to Cultivate Web Design Hosting

Operational Assurance Packages

  • Cultivate Web Design offers three (3) levels of operational assurance. These assurance packages are offered on a month-by-month basis.
  • For any work which needs to be conducted outside or over and above the package inclusions, Cultivate Web Design will provide a quotation and the work will be charged at an hourly rate of $120 per hour + GST.
  • Should The Client wish to cancel the hosting and/or assurance package and relocate the site to a new hosting provider, Cultivate Web Design requests 30 days notice. Cultivate Web Design will endeavour to assist the client in a smooth transition to the new hosting party.
  • The three (3) levels are Business Essentials, eCommerce and Subscriptions.
  • Package details can be found here – https://www.cultivatewebdesign.com.au/operational-assurance/

Additional Work

  • Should The Client require any additional work to be conducted on their website, outside of any Cultivate Web Design Hosting and/or Operational Assurance packages, or over and above already quoted work, Cultivate Web Design will either conduct additional work at an hourly rate of $120 per hour + GST or at a set quoted additional package price.
  • Any associated work conducted on an hourly rate, relating to The Client or The Client’s website, is chargeable at $120 per hour + GST. Cultivate Web Design will invoice any associated or additional work at on hourly rate every Friday with payment due and payable immediately. If payment is not received, any works related to The Client or The Client’s website will cease immediately until payment is received.
  • For Additional Work conducted at an hourly rate, phone calls are chargeable at the hourly rate.
  • Cultivate Web Design will not commence any additional work as quoted as a package price until the invoice has been paid in full.
  • As with any work conducted by Cultivate Web Design, the time frame for additional work will be subject to the provision of any content, images and any other provisions, should they be required, by The Client, and any revisions, feedback and final testing.
  • In the event there is further additional work to be conducted over and above, Cultivate Web Design will advise The Client and these costs will be added to a final invoice.

Thanks for reading and abiding by our terms and conditions. We value the work we provide and value you as a Cultivate Web Design customer. If you have any questions please contact us here.