Terms and conditions

Website design and development

When you engage Matt Mckinnon to perform any Website Design or Website Development work, you will be required to accept the Matt Mckinnon Website Design & Development Terms and Conditions. Rates will be confirmed in writing before work commences.

1. STANDARD TERMS AND CONDITIONS

These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Matt Mckinnon for he’s clients.

2. FEES AND DEPOSITS

A 50% deposit of the total fee payable under Matt Mckinnon’s proposal is due immediately upon you instructing Matt Mckinnon to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. Matt Mckinnon reserves the right not to commence any work until the deposit has been paid in full. The 50% deposit is only refundable if Matt Mckinnon has not fulfilled his obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of Matt Mckinnon.

3. SUPPLY OF MATERIALS

You must supply all materials and information required by Matt Mckinnon to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to Matt Mckinnon which leads to a delay in the completion of work, Matt Mckinnon has the right to extend any previously agreed deadlines by a reasonable amount. Where Matt Mckinnon fails to supply materials, and that prevents the progress of the work, Matt Mckinnon has the right to invoice you for any part or parts of the work already completed.

4. VARIATIONS

Matt Mckinnon is pleased to offer you the opportunity to make revisions to the design. However, Matt Mckinnon has the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification. Matt Mckinnon’s website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $90+GST per hour.

5. PROJECT DELAYS AND CLIENT LIABILITY

Any time frames or estimates that Matt Mckinnon gives are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process. Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will Matt Mckinnon be liable for any delays caused by change in the project brief. Website/application content and all related materials need to be provided to Matt Mckinnon within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.

6. APPROVAL OF WORK

On completion of the work you will be notified and have the opportunity to review it. You must notify Matt Mckinnon in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to Matt Mckinnon as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.

7. REJECTED WORK

If you reject any of Matt Mckinnon’s work within the 7-day review period, or not approve subsequent work performed by Matt Mckinnon to remedy any points recorded as being unsatisfactory, and Matt Mckinnon, acting reasonably, consider that you have been unreasonable in any rejection of the work, Matt Mckinnon can elect to treat this contract as at an end and take measures to recover payment for the completed work.

8. PAYMENT

Upon completion of the 7-day review period, Matt Mckinnon will invoice you for the 50% balance of the project.

9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to Matt Mckinnon to include in your website or web applications. You must indemnify Matt Mckinnon and hold him harmless from any claims or legal actions related to the content of your website.

10. LICENSING

Once you have paid Matt Mckinnon in full for his work, Matt Mckinnon grants you an editor role license to make updates to the website contents for the life of the website.

11. SEARCH ENGINES

Matt Mckinnon does not guarantee any specific position in search engine results for your website. Matt Mckinnon performs basic search engine optimisation according to current best practice.

12. CONSEQUENTIAL LOSS

Matt Mckinnon 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.

13. DISCLAIMER

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 Matt Mckinnon provides to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Matt Mckinnon under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at Matt Mckinnon’s option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that Matt Mckinnon was contracted to perform.

14. NON-DISCLOSURE

Matt Mckinnon agrees that he will not at any time disclose any of your confidential information to any third party.

15. ADDITIONAL EXPENSES

You agree to reimburse Matt Mckinnon for any requested expenses which do not form part of Matt Mckinnon’s proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

16. BACKUPS

If you are not receiving monthly website maintenance from Matt Mckinnon (at an additional cost), you are responsible for maintaining your own backups with respect to your website. Matt Mckinnon will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by Matt Mckinnon.

17. OWNERSHIP OF DOMAIN
NAMES AND WEB HOSTING

Matt Mckinnon will supply to you account credentials for domain name registration and/or web hosting that Matt Mckinnon purchased on your behalf when you reimburse Matt Mckinnon for any expenses that Matt Mckinnon has incurred. If your website/application is not hosted with Matt Mckinnon, any additional man-hours that may be required due to any server or network related issues are not covered in Matt Mckinnon’s quotes and may be charged separately.

18. 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 Queensland, Australia. You and Matt Mckinnon submit to the non-exclusive jurisdiction of the courts in and of Queensland in relation to any dispute arising under these terms and conditions or in relation to any services Matt Mckinnon performs for you.

19. CROSS BROWSER
COMPATIBILITY

By using current versions of well supported content management systems such as “Wordpress”, Matt Mckinnon endeavours to ensure that the web sites Matt Mckinnon creates are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate Matt Mckinnon will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found. Matt Mckinnon’s websites/applications are generally tested on Mac computers, if you require testing to be done on any other browser or desktop, please let me know in advance. Responsive/multi-device compatible web pages are tested on iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.

20. DISPUTES, LIABILITY AND
INDEMNITY

In an event of a dispute, Matt Mckinnon reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, Matt Mckinnon reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will Matt Mckinnon be liable for any damages arising from misrepresentation or misinformation. Matt Mckinnon reserves the right to refuse service to any client, if these are not aligned with the Website Design & Website Development Terms and Conditions. Matt Mckinnon provides his services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. Matt Mckinnon ensures to the best of his ability that his systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however Matt Mckinnon will not be held liable for any disruption of services if such situation arises. Relationship of Matt Mckinnon with his suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name. Client will indemnify and hold Matt Mckinnon, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from Matt Mckinnon. Matt Mckinnon will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.

21. E-COMMERCE

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Matt Mckinnon from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce. Please note that Matt Mckinnon reserves the right to change the terms and conditions without notice.