Terms & Conditions
These are the Standard Terms and Conditions for Website Design and Development to in the foregoing contract between Hatched Designs and all Clients.
The following terms and conditions apply to all Website, Software, Graphic and Application design created by Hatched Designs.
Fees, Approvals and Payments
Fees Payable for Website Design and Development
A $100 deposit fee is payable under the contract is due immediately upon agreeing to your website design. This fee is non-refundable. The remaining balance shall become due when the work is completed to the reasonable satisfaction of the Client but subject to the terms of the Approval of Work and Rejected Work clauses.
Hatched Designs reserves the right not to begin the Work until the said deposit has been paid in full.
Repayments need to be made weekly, fortnightly or monthly on a regular basis. Repayments must not exceed 30 days without making a repayment. Accounts with no repayments for longer than 90 days will be due in full.
Further action may be taken after 90 days to collect outstanding amount.
Supply of Materials
The Client is to supply all materials and information required for Hatched Designs to complete the Work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the Client’s failure to supply such materials leads to a delay in completion of the work, Hatched Designs has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount.
This does not apply to designs being created by the Hatched Designs team.
Design & Development Variances
During the Website Design phase the client is offered the opportunity to receive multiple proposals and revisions to the design. Hatched Designs has the right to limit the number of design proposals to a ‘reasonable’ amount, and may charge for additional designs if the client makes a change to the original agreed upon design specification.
The Website Development phase will be flexible and allow certain variances to the original specification. However, any ‘major’ deviation from the specification above will be charged at the rate of $60 per hour. Any changes deemed to be ‘major’ will be identified and quoted before development proceeds.
Project Delays & Client Liability
The proposed time frames are contingent upon full co-operation of the client and complete & final content and photography for the web 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 the client side, and be made available on a daily basis in order to expedite the feedback process. Furthermore, incomplete content, or content requiring alteration during the development phase can add delay to the project. Hatched Designs cannot be held to the agreed delivery date if the above conditions are not met. If the website development is delayed for more than 3 months by the client, or is halted indefinitely, Hatched Designs can request full and final payment for the services specified in this proposal.
If this occurs, additional costs may be imposed if the project is resumed at a later date.
Approval of Work
On completion of the Work, the Client will be notified and have the opportunity to review it. The Client should notify Hatched Designs in writing, of any unsatisfactory points within 24 hours of receipt of such notification. Any of the Work which has not been reported in writing to Hatched Designs as unsatisfactory within the 24 hour 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 remaining balance owing will become due. The Contract will remain in effect until all obligations have been completed in terms of this Clause.
Upon completion of the website, Hatched Designs will invoice the Client for any remaining balance in accordance with the clause Fees Payable for Website Design and Development. The remaining balance is to be paid by the Client within 24 hours of the date that the invoice was issued. Your website will not be published until full payment is made.
Remedies for Overdue Payment
If payment has not been received by the due date, Hatched Designs has the right to suspend ongoing work for Client, until such time that full payment of the outstanding balance has been received. If full payment has still not been received 30 days after the due date, Hatched Designs has the right to replace, modify or remove the Web Site and revoke the Client’s license of the Work until full payment has been received. By revoking the Client’s licence of the Work or removing the web site from the Internet, Hatched Designs does not remove the Client’s obligation to pay any outstanding monies owing. Debt Collection will occur when payments are longer than 90 days over due.
Website and Software Design
Website, Software and Applications designed and created by Hatched Designs for Clients should be treated as Trade Secrets and remain the property of Hatched Designs until website is paid in full. Such creative work or the information contained within them must not be passed to third parties or publicly disseminated without prior written authorisation from Hatched Designs. This includes, but is not limited to technical features, functionality of the applications, graphic design, user interface and pricing information.
Warranty by Client as to Ownership of Intellectual Property Rights
The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to Hatched Designs and/or includes in the Client’s website or web applications. The conclusion of a contract between Hatched Designs and the Client shall be regarded as a guarantee by the Client to Hatched Designs that all such permissions and authorities have been obtained and that the inclusion of such material on the Website or in the software would not constitute a criminal offence or civil delict. By agreeing to these terms and conditions, the Client removes the legal responsibility of Hatched Designs and indemnifies the same from any claims or legal actions however related to the content of the Client’s website or software.
Once Hatched Designs has received full payment of all outstanding invoices and the work has been approved by the Client in accordance with the Approval of Work clause. The Client will be granted full use of the website and its related software and contents for the life of the website. Hatched Designs assumes all content supplied by the client is free of copyright, and Hatched Designs takes no responsibility whatsoever for using copyrighted material on the site or in the software that has been supplied by the Client.
Any website code that is not freely accessible to third parties and not in the public domain, and to which Hatched Designs or their suppliers owns the copyright, may not be copied, published, distributed or passed to any third parties in any form without prior written consent from Hatched Designs unless previously agreed otherwise in writing, no modifications may be made by the Client or any third party to code to which Hatched Designs or their suppliers owns the copyright. Hatched Designs acknowledges the intellectual property rights of the Client. Information passed in written form to Hatched Designs, and that the Client has indicated is confidential or a trade secret, will not be published or made available in any other way to third parties without the prior written consent of the Client. VOID once your account is paid in full.
Further revisions/changes that need to be made after your website is completed will be charged at $60 per hour and at a minimum of one hour.
Hatched Designs has the right to refuse to work on certain websites. Hatched Designs will advise you if your website is not approved prior to commencing work.
Hatched Designs I Abn 75507748700