TERMS AND CONDITIONS
The Client (You) : The company or individual requesting the services of Brolgasoft.
Brolgasoft (Us, We) : Primary designer/site owner & employees or affiliates.
Work : Any work or services as provided by Brolgasoft, including but not limited to website design, database design, programming, graphic design, artwork, presentations, etc.
ACCEPTANCE OF TERMS AND CONDITIONS
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. By placing an order and/or accepting a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully.
Brolgasoft reserves the right to make changes to the terms and conditions at anytime and without notification.
DEPOSITS AND PAYMENTS
Charges for services to be provided by Brolgasoft are defined in the quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Brolgasoft reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise, a 50% deposit of the total fee payable under the quotation is due immediately upon you instructing us to proceed with the work. We reserve the right not to commence any work until the deposit has been paid in full. The deposit is not refundable if the work has been started and you terminate the contract through no fault of ours.
The balance shall become due when the work is completed and prior to the release of the materials. In other words, once the work is completed you are obliged to pay the balance of payment in full.
You agree to reimburse us for any requested expenses which do not form part of our quotation including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
Brolgasoft will charge a penalty of 5% (flat) on all accounts (invoices) overdue exceeding 7 days. Brolgasoft will contact clients via email and telephone to remind them of such payments if they are not received when due. If accounts are not settled or Brolgasoft has not been contacted regarding the delay, materials will be withheld and/or access to the relevant websites may be denied and web pages removed. Brolgasoft reserves the right to commence any legal proceedings as required.
APPROVAL OF WORK
Brolgasoft will provide the Client with an opportunity to review the appearance and content of the work undertaken during the design phase and/or once the overall work is completed. This can be referred to as "the proof".
At the completion of the work, the Client will be notified and the materials made available for a 7 day review/approval period. After this period, all work will be deemed to be accepted and approved unless the Client notifies Brolgasoft otherwise within 7 days of the date the materials are made available to the Client.
Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the balance of payment will become due. Brolgasoft will not be responsible for any errors or mistakes (such as incorrect spelling, images, colours, etc) that were not detected by the Client during the review period, and as outlined in the Indemity section.
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.
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, images, written copy, logos and other printed material. All materials should be provided in a suitable format, such as text files, PDF, Word documents, JPG images, TIFF, BMP, etc.
Any time frames or estimates that we give are contingent upon your full co-operation. 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.
In other words, be sure that you are ready to proceed with the work before giving us the go ahead to commence.
If requested, Brolgasoft can seek out and provide suitable images, such as provided by stock photography providers. All costs associated with this will be classed as additional expenses.
If artwork (such as re/designing your company logo) is required and was not identified in initial discussions or was indicated that it would be provided by you and subsequently not, then it will be classed as additional expenses and charged accordingly at the hourly rate.
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 us to include in your website or material that Brolgasoft creates for you.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website and/or materials.
We do not guarantee any specific position in search engine results for your website.
LOSSES AND DAMAGES
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.
Brolgasoft takes no responsibility for any losses incurred by the use of any software (eg. website, database, etc) or materials created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use and materials reviewed.
The client is expected to test fully any application or programming relating to a site developed by Brolgasoft before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Brolgasoft will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
All Brolgasoft services may be used for lawful purposes only. You agree to indemnify and hold Brolgasoft harmless from any claims resulting from your use of our service that damages you or any other party.
Brolgasoft cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
You are responsible for maintaining your own backups with respect to your website once live and we 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.
DOMAIN NAMES AND WEB HOSTING
It is the Clients responsibility to arrange any domain name registrations and/or web hosting. If requested, Brolgasoft can provide assistance with arranging this and/or undertake this work.
Should Brolgasoft undertake this work we will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred. Until such time, they will remain the property of Brolgasoft.
Subsequent renewal of domain names and web hosting is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Brolgasoft. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
In order to install and make final delivery of the website or software, Brolgasoft must be granted temporary read/write access to the relevant webhosting or server directories which must be accessible via FTP. Depending on the specific nature of the work, other resources might also need to be configured on the server.
CROSS BROWSER COMPATIBILITY
Brolgasoft makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). The Client agrees that Brolgasoft cannot guarantee correct functionality with all browser software across different operating systems.
Brolgasoft cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Brolgasoft reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Brolgasoft reserves the right to select the development tools, development environment, languages (eg. VB, SQL, JAVA, HTML, CSS, etc), software components, etc as appropriate. We may elect to use current versions of well supported content management systems such as “Joomla". 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 Brolgasoft and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
Brolgasoft hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website, software or other materials;
- Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Brolgasoft to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.