Savant Digital acts in good faith with clients on all matters.
At all times I will endeavour to:
- Be clear about the expectations of what is needed from you, the client;
- Inform you of issues arising in a timely and suitable manner;
- Provide you with a product that meets your needs and expectations;
- Give you advice to the best of my knowledge so that you, the client, can make decisions to best suit your business or organisation.
The majority of my terms and conditions exist to ensure clarity should any difficulty arise, by protecting you, the client, and Savant Digital. You may read my complete terms and conditions below.
1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Content Creation, Graphic and Website Design and Development and apply to all contracts and all work undertaken by Savant Digital for our clients. By accepting a proposal and requesting work to commence from Savant Digital, you are also agreeing to the terms and conditions.
2. WEBSITE USE
The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, I (Bridie Schmidt t/a Savant Digital) will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
While Savant Digital makes every reasonable effort to ensure the security and health of all files and uploads to servers, I make no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
3. WARRANTY CONDITIONS
The Warranty is valid for 2 months after final project approval. Failures in website software due to future updates or server hardware are not covered by this Warranty.
The Warranty does not cover and is voided by modifications made to our work by yourself, your business and employees, or third parties including but not limited to any web design business, company, freelancer or other than Savant Digital, it’s employees, partners and it’s bonafide representatives.
4. PROPOSAL ESTIMATES
It is agreed that the fee for service shall be the cost estimates provided via email, unless work undertaken exceeds work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. Wherever possible the client will be notified of increases in the scope of the project.
5. OUR FEES AND DEPOSITS
A 25% deposit of the total fee payable under our proposal is due within 30 days of any work proposal, and immediately upon you instructing us to proceed with website design and development work, unless otherwise agreed by email. Graphic design work shall be charged in full upon approval of work and before release of deliverables.
The 25% deposit is only refundable if we have not fulfilled our 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 ours. We reserve the right not to commence any work until the deposit has been paid in full.
Depending on the size and nature of the contract, the remaining 75% shall become due when the work is completed to your reasonable satisfaction, or partial payments become due upon completed milestones as determined by agreement between the client and Savant Digital, but subject to the terms of the “approval of work” and “rejected work” clauses. I retain the right to a final decision regarding payment terms, but will at all times endeavour to come to an agreement that suits the requirements of the client.
6. FORCE MAJEURE
Savant Digital shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Savant Digital including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
7. SUPPLY OF MATERIALS
You must supply all materials and information required by us 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 us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
Materials must be supplied by non-returnable disk, or by a sharable cloud service such as Dropbox or Google Drive. Hosting space for such material will be undertaken by the client. In the event that the client provides material on returnable media including but not limited to hard drives, the postage costs both to the designer and back to the client must be covered by the client, or added to the final invoice.
Any proposal by Savant Digital assumes goodwill from both Savant Digital and the client regarding:
• What can reasonably be achieved in a given time frame
• Making best use of resources to achieve the most effective outcomes
Savant Digital is pleased to offer you the opportunity to make revisions to the design or brief. However, we have 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.
Our website development phase is flexible and allows certain variations to the original specification. Any major addition or deviation from the specification will be charged as defined by the “excess work” clause below.
10. EXCESS WORK
This is defined as any work involving deviations from or additions to the list of items defined in the Project Proposal or changes to all pieces of finished artwork after sign off by an authorised representative of “The Client”.
From time to time “The Client” will require extra design requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original estimate. If the client wishes these alterations to be made they must agree in writing, and a fee of $120 (plus GST if applicable) per hour will be payable.
11. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and provision of complete and final content for graphic or web design. During development or content creation 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.
12. APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us 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 remaining balance of the project price will become due.
13. REJECTED WORK
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
Upon completion of the 7-day review period, we will invoice you for the remainder of the project.
15. LATE PAYMENTS AND DEFAULT
Accounts which remain outstanding for 14 days after the date of invoice will incur an additional late payment fee equivalent to 5% of the project costs for each month payment is outstanding.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or “the client” has stated expressly that they do not intend to pay an invoice by Savant Digital, unless prior arrangements have been made. Savant Digital shall at its sole discretion suspend any and all services provided to the client by Savant Digital or its subsidiaries (including but not limited to hosting, websites designed files, concepts, artwork, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid monies due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, sub-contractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.
Suspension of such services does not relieve the client of its obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.
“The Client” whose account is in default agree to pay Savant Digital reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Savant Digital retains all copyright for work performed until full project costs have been paid. Savant Digital reserves the right to reuse or resell work undertaken in the case of payment default.
Savant Digital accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.
16. 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 trademarks, or any other material that you supply to us to include in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Once final payment is received, copyright is automatically assigned as follows:
If the work commissioned is a logo, upon approval and payment of work I assign all copyright to you. You own the final graphics and other visual elements that I have created for you, for this project. I will give you a copy of files needed for reproduction according to the use for which they were created at project completion, including but not limited to PDFs, PNGs and JPEGs.
This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until final payment Savant Digital retains ownership of all artwork and website architecture. Savant Digital reserve the rights to certain elements used to create your images including fonts, patterns, stock images, textures, colour palettes and other non-exclusive items.
You also own photographs and other data you provided, unless someone else owns them.
Bridie Schmidt retains copyright for all text content. Transfer of copyright for text content shall be negotiated on a project-by-project basis.
If upon completion of the project, or cancellation of services from Savant Digital, you require native source files (including but not limited to Photoshop, Illustrator, Indesign and Fireworks formats), a release fee may be charged at a rate of $150 per file. Native source files will be kept for a maximum of four weeks upon completion of project.
Savant Digital reserves the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting Savant Digital in print or digital media portfolios, social media and blogs, unless otherwise agreed in writing between the client and Savant Digital.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
19. DESIGN CREDIT
You, the client, agree to allow Savant Digital to place a small credit on web content, printed material exhibition displays, advertisements and/or a link to Savant Digital’s own website on the customer’s website. This will be in the form of a small logo or line of text placed towards the bottom of the page.
20. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
21. CONSEQUENTIAL LOSS
We 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.
Savant Digital endeavours to keep information on this website up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk.
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 we provide to you are excluded.
Without limiting the above, to the extent permitted by law, any liability of Savant Digital under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
Savant Digital reserves the right to subcontract any services that I have agreed to perform for you as I see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
25. ADDITIONAL EXPENSES
You agree to reimburse Savant Digital for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
You are responsible for maintaining your own backups with respect to your website and Savant Digital 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 us.
27. DOMAIN NAMES AND WEB HOSTING
Savant Digital does not provide a domain name registration and hosting provider service. At your request I may suggest or recommend providers of such services, but I shall not be liable for any loss or damage which you may suffer which is in any way attributable to any decision to employ or purchase such services suggested or recommended by me.
28. 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 New South Wales and Australia as is appropriate. You and Savant Digital submit to the non-exclusive jurisdiction of the courts in and of New South Wales and Australia in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
29. CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “WordPress”, we endeavour to ensure that the web sites we create 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 we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
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 Savant Digital and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
31. TRAINING AND SUPPORT
All websites include 2 hours free support by phone or skype. Training shall be charged on an hourly basis at a time and place agreed upon by Savant Digital and the client. If the place is outside the area bounded by Tweed Heads, Byron Bay and Mullumbimby, travel time shall also be charged at a rate of $120/hr. Training may be cancelled 48 hours prior to the agreed training time; however, if training is cancelled within 48 hours of the agreed training time, a $60 cancellation fee shall be charged.