TERMS & CONDITIONS
Introduction
These terms and conditions (‘the terms’) govern every
contract made between Serenart Services ('SS') for the
supply of goods and services by Serenart Services to
any person, firm or company (‘the Client’).
These terms prevail over any written terms and
conditions of the Client.
Any variation to the terms must be agreed to in writing by the
director or manager of Serenart Services.
All contracts between Serenart Services and the
Client will be governed by NSW / Australian law and
the parties agree to submit to the jurisdiction of the
Australian Courts.
Fees and Prices
SS charge an hourly rate based on 15 minute increments with a minimum of 30 minutes for each new job or project. Hourly prices differ according to the service provided.
Credit and Payment Terms
1. Payments may be made by cheque or direct bank deposit.
2. The Client agrees to pay SS invoices within 7 days of the invoice date. SS reserves the right to charge an
overdue fee for invoices not paid within 7 days. SS may at any time
suspend work and or refuse delivery or
cancel unfilled orders when, in its opinion, the financial
condition of the Client or the status of the Client’s
account requires it.
3. The Client will pay to SS any expenses
incurred by SS in connection with the
recovery of outstanding invoices (including legal costs
on an indemnity basis).
Quotes
All written quotes supplied by Serenart Services (SS) are valid for 1 month only unless stated otherwise on the quote. Verbal quotations are not valid. If the quote is not accepted by written confirmation or accepted and a deposit paid within 1 month of the date of the quote then a new quote must be obtained. If the Client's order differs from the specification on which
the quotation was based, then SS reserves
the right to vary the quotation (including the price). Any revisions, amendments and add ons must be requested and agreed to in writing and will incur a revision to the quoted price. The Client must read and understand these Terms and Conditions before proceeding. Payment of the initial depost for the quote indicates the Clients agreement, understanding and acceptance of these Terms and Conditions.
1. The Client will be invoiced for fifty percent (50%) of the total quote if hosting is supplied by SS or one hundred percent (100%) when hosting is required elsewhere and SS requires this amount to be paid before work will commence on the website.
2. Should SS be unable to complete the website, within 30 days of the Client signing the quote and paying a deposit, due to the Client’s inability to supply the necessary documentation, then SS reserves the right to invoice and be paid in full for any work completed to date and SS will be entitled to adjust or cancel the quote and the website project.
3. Should a project extend beyond 30 days due to the Client's request for alterations/additions or the extent of the project then the Client will be invoiced monthly for advanced progressive payments of one quarter (25%) of the total quote (including alterations/additions) each month after the initial deposit and after work has commenced.
4. The Client will be invoiced for the balance owing and SS paid in full prior to Hand Over ("Hand Over" explicitly means "Client training" in the case of dynamic websites or "completion of work" for static websites) and before the website is put up “live” on the Internet (or Intranet) or a copy made available to the Client.
Alterations
1. SS will not accept responsibility for any alterations performed by either the Client or a third party which cause errors in the site. Such alterations include, but are not limited to, additions, modifications or deletions.
2. If SS are required to correct any errors resulting from such alterations, the client will be charged the current hourly rate.
Website Content
1. Clients are required to ensure that the content of their website meets all the current Australian legislation regarding publications. The client shall further indemnify SS in respect of any claims, costs and expenses that may arise from any material included in their site by SS at the Client’s request.
2. SS reserves the right not to include any material supplied by the Client if SS deems it inappropriate or offensive.
3. SS reserves the right not to commence or continue work on a project if all content, documentation and/or images deemed necessary by SS have not been supplied by the Client.
Permissions & Copyrights
1. The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material supplied by the Client.
2. Supply of abovementioned material by the Client shall be regarded as a guarantee by the Client to SS that all such permissions and authorities have been obtained.
3. No responsibility will be accepted by SS for damages to or losses incurred by the Client from the use of material for which the required permission or authority has not been obtained.
4. All original graphics created by SS and specifically commissioned for by the Client, remain the property of SS until the Client's account has been paid in full, at which time ownership of said graphics will reside with the Client.
Error & Liabilities
1. SS will use all due care to ensure sites worked on by SS are free of errors notwithstanding Browser compatibility issues (see "Compatibility" below).
2. SS will correct any errors made by staff of SS in the course of working on a Client’s site.
3. SS does not accept any responsibility for losses or damage arising from errors within any site or if a site is not placed “live” on the Internet.
Hold of Work or Cancellations
1. Should the Client wish to suspend any work, for any reason whatsoever, for a period of thirty (30) days, then SS shall be entitled to payment in full for the portion of work completed.
2. The Client must advise SS by telephone and in writing of a request to hold further work or not to proceed with work.
3. The Client cannot cancel work except upon terms, which
compensate SS for all work done and
materials used or specially acquired to complete the job, to the date of the cancellation.
Service Times
Service times which are quoted are target times only
and SS reserves the right to vary service
times and accepts no liability for failure to comply with
quoted service times.
Uncollected Goods
If any items or materials deposited with SS by the Client have not been collected by the
Client within 12 months of the completion of the work
undertaken by SS, then SS may dispose of or destroy such items or
materials.
Compatibility
Ensuring that web sites and applications operate well in various web browsers is an essential but expensive aspect of web design therefore SS develops websites to be compatible with the two latest and most popular browsers on the single most popular operating system and monitor resolution (with default settings for browser and operating system) at the time of commencement of each project.
Due to non-standard compliance between current popular browsers SS will not guarantee that websites and applications will look and/or operate the same in every respect. SS will at it's own discretion decide on undertaking browser compatibility upgrades on projects that extend over a period of time in which browser popularity changes and may charge accordingly if the request for upgrading was made by the Client and/or the extension of the project was due to the Client's inability to supply the necessary documentation or the Client's requests for alterations.
Upgrades
SS provide third party Content Management Systems (CMS). CMS versions may change during a website project. If the Client requests or requires the upgrade then SS reserves the right to charge for the upgrade and any consequential alterations. SS will not be held responsible for any action regarding delays, breakdown or loss of data caused by the CMS or the third party involved.
Web Hosting
SS provide third party web hosting. SS will not be held responsible for any action regarding delays, breakdown or data loss caused by the hosting company.
Support
On completion of a website project technical assistance via email, telephone, Skype or any other chat program that extends beyond 5 minutes will be charged at the current hourly rate unless the Client is under a website maintenance contract.
Page Updated: 11th December 2008. Site Published: 10th February 2000. |
