Terms & Conditions for working together
Version 1.2.1
The best work comes out of great relationships. Honesty, respect, and gratitude are the keys to a great relationship and therefore we have an interest in treating each other with these values at all times. As much as legal documents are important, what truly binds us is our drive to do great work with great people and to develop a relationship of mutual respect and trust.
Summary
We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract, you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you, lock you into a contract or take advantage.
In Short
You are engaging The Tasmanian Web Company to provide to build and support your website, brand and online presence. By engaging our services you are agreeing to the terms and conditions outlined below. Of course it’s a little more complicated...
What Do Both Parties Agree To Do?
You: As our customer, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with everything that we’ll need to complete the project – including text, images and other information – as and when we need it and in the format we ask for. You agree to review our work, provide feedback and approval in a timely manner too. Deadlines work two ways and you’ll also be bound by any dates that we set together.
Us: We have the experience and ability to perform the services we’ve agreed to carry out with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that, we'll maintain the confidentiality of everything you give us
Getting Down to the Nitty Gritty
Monthly retainer and Project scope
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, and this is part of reason for our Website Service Plan offering. The website services plan provides a baseline of 5 hours each months for requested tasks and development. This allotted time allows us to progress forward at a steady pace each month.
If requested tasks are likely to fall outside of this timeframe or would simply like to progress at a faster rate than the 5 hours a month allows, a simple verbal agreement to recognise your desired increase is all that is required. All work outside the monthly quota is generally billed by the hour, at your discounted rate.
Copyrights & Ownership
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for use are either owned by your good selves, or that you have permission to use them.
Anything we produce for you is yours. We will be using 3rd party tools and software, and you will inherit the license requirements for these.
Displaying our work
We love to show off our work, it’s a great way for us to strengthen our business. We reserve the right (unless agreed to otherwise in writing) to reference and display any aspects of our work with you publicly. This could be in any form of media from online to print or even verbally.
Digital Services
Coding Standards
The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we endeavour to make sure our products work with all current major browsers that have a significant market share (at least 4%). Specifically, we do not support internet explorerand old versions of browsers.
Website Hosting & DNS Management
We generally like to move your website onto our own servers as a part of our website service plan. This gives us full control over the server variables to keep things up and running smoothly. We can also manage your DNS (domain name server) as a complimentary part of your website as a service plan.
No third party access is allowed to the website hosting server unless agreed in writing. Fingers off.
Email Hosting & Management
We don’t offer email hosting or management of email systems. We can provide some direction if required, but we are here to focus on what we do best.
Website Ownership
Once you signup to our website service plan, anything we produce for you is yours. While we hope you aren’t simply engaging our services to take advantage of our pre-produced resources, we do not want anybody to feel trapped or locked in. That means from day 1 you can cancel this agreement, and retain ownership of everything we have produced for you.
Maintenance and Security
We do everything we can to make sure your website and other services are secure and safe. We are not liable for any hacking or intrusion to your website, server or third party services. But we will work diligently to resolve any such issue if it occurs.
Legal stuff
Unfortunately, we can’t guarantee that the content or functions contained in any website, piece of code, design, publication etc. whether digital or physical 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 your website, any other digital outlets, publications, marketing materials, print etc. even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Updates to the Terms & Conditions
These terms and conditions are ongoing, and relevant to all of our services. We reserve the right to make changes to these terms and conditions, with a minimum of 6 weeks written notice to you while you have ongoing work, services or subscriptions with us. If you decide not to agree to our updated terms and conditions you are free to cancel any outstanding work, services, and subscription as per the cancellation terms. If at any time you would like a copy of the most recent Terms and Condition you have agreed to please contact us and we’ll happily provide them.
While we don’t anticipate making many changes to these terms and conditions reserving the right to make changes helps us to continue providing a fair and amazing service to all of our clients. If you’re uncomfortable with any terms we put forward we openly encourage you to approach us with your concerns.
Payments
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule. Website Services plan payments are monthly and you are paying for the following month in advance.
Subscription services, adjustments and price changes
We reserve the right to change the terms and conditions of our subscription services, including the services provided and the pricing with a minimum of 6 weeks notice to you. We reserve these rights to continue providing a fair, sustainable and amazing service to all of our clients.
It’s fair to expect a small price increase on our services from time to time, we want to support you and your business for the long term.
Cancelation rights
If things simply aren’t working out and the best thing to do is go our own ways, either party can cancel this agreement at any point in time, for any reason at all or no reason at all. Nobody wins if they’re locked into an agreement that isn’t working for them.
You: If you decide to cancel a project, any outstanding payments will still need to be made and any significant outstanding time and costs will be invoiced to you. As per our copyrights and ownership terms above only items that have been payed for will be transferred ownership. Subscriptions will be cancelled at the end of the current billing month, and any remaining credit will be used on outstanding invoices and returned to you.
Us: If in the very unlikely situation we decide to cancel a project or service with you all current outstanding invoices will remain due, and only when final payments are complete will ownership of items transfer to you. Subscription plans cancelled by us will be credited from the day of cancellation, any credits will be used to pay outstanding invoices and returned to you.
